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Notice

Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

 

In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TA-W) number issued during the period of December 5, 2011 through December 9, 2011.

In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met.

I. Under Section 222(a)(2)(A), the following must be satisfied:

(1) A significant number or proportion of the workers in such workers' firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2) The sales or production, or both, of such firm have decreased absolutely; and

(3) One of the following must be satisfied:

(A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased;

(B) imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased;

(C) imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased;

(D) imports of articles like or directly competitive with articles which are produced directly using services supplied by such firm, have increased; and

(4) The increase in imports contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm; or

II. Section 222(a)(2)(B) all of the following must be satisfied:

(1) A significant number or proportion of the workers in such workers' firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2) One of the following must be satisfied:

(A) There has been a shift by the workers' firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers' firm;

(B) there has been an acquisition from a foreign country by the workers' firm of articles/services that are like or directly competitive with those produced/supplied by the workers' firm; and

(3) The shift/acquisition contributed importantly to the workers' separation or threat of separation.

In order for an affirmative determination to be made for adversely affected workers in public agencies and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.

(1) A significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated;

(2) the public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and

(3) the acquisition of services contributed importantly to such workers' separation or threat of separation.

In order for an affirmative determination to be made for adversely affected secondary workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(c) of the Act must be met.

(1) A significant number or proportion of the workers in the workers' firm have become totally or partially separated, or are threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream Producer to a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act, and such supply or production is related to the article or service that was the basis for such certification; and

(3) either—

(A) the workers' firm is a supplier and the component parts it supplied to the firm described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers' firm; or

(B) a loss of business by the workers' firm with the firm described in paragraph (2) contributed importantly to the workers' separation or threat of separation.

In order for an affirmative determination to be made for adversely affected workers in firms identified by the International Trade Commission and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(f) of the Act must be met.

(1) The workers' firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in—

(A) An affirmative determination of serious injury or threat thereof under section 202(b)(1);

(B) an affirmative determination of market disruption or threat thereof under section 421(b)(1); or

(C) an affirmative final determination of material injury or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) The petition is filed during the 1-year period beginning on the date on which—

(A) a summary of the report submitted to the President by the International Trade Commission under section 202(f)(1) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3); or

(B) notice of an affirmative determination described in subparagraph (1) is published in the Federal Register; and

(3) The workers have become totally or partially separated from the workers' firm within—

(A) the 1-year period described in paragraph (2); or

(B) notwithstanding section 223(b)(1), the 1-year period preceding the 1-year period described in paragraph (2).

Affirmative Determinations for Worker Adjustment Assistance Back to Top

The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination.

The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
81,089 Catawba Valley Finishing, LLC Newton, NC February 13, 2010.

The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production or services) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
80,458 TeleTech Transition Services LLC, TeleTech Transition Corporation, Former Workers of Clearwire Wireless Las Vegas, NV September 19, 2010.
80,480 Elsevier, Inc., Editorial Production-Journals Division, Randstad San Diego, CA September 28, 2010.
80,535 Cooper US, Inc., Bussman Division, Megaforce Staffing, McCain Employment Services, etc. Goldsboro, NC October 19, 2010.
81,002 GFSI, Inc., D/B/A GEAR For Sports Chillicothe, MO February 13, 2010.
81,003 BNY Mellon Investment Servicing (US) Inc., Bank of New Year Mellon, Aardvark Systems and Programming, etc. Pawtucket, RI February 13, 2010.
81,012 Maersk Agency USA Line, A.P. Moller Maersk, Customer Service Division, Tempfinders Personnel The Woodlands, TX February 13, 2010.
81,012A Maersk Agency USA Line, A.P. Moller Maersk, Customer Service Division, REXX and Remote Workers Miami, FL February 13, 2010.
81,012B Maersk Agency USA Line, A.P. Moller Maersk, Customer Service Division Charlotte, NC February 13, 2010.
81,032 Hampton Lumber Mills—Washington, Inc., Darrington Division Darrington, WA August 19, 2011
81,059. Suntec Industries, Inc. Glasgow, KY December 13, 2010.
81,065 ITT Veam, LLC., Interconnect Solutions, Kelly Services, UI Wages ITT Corporation Watertown, CT February 13, 2010.
81,077 Maida Development Company, Integrity Staffing Services, Inc. Hampton, VA June 27, 2011.
81,082 Motorola Solutions, Inc., iDen Engineering Division Schaumburg, IL February 13, 2010.
81,101 Cequent Performance Products, Trimas Corporation, Manpower, Inc. Tekonsha, MI February 13, 2010.

The following certifications have been issued. The requirements of Section 222(c) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

TA-W No. Subject firm Location Impact date
80,536 Fortis Plastics, LLC Fort Smith, AR September 29, 2011.
81,053 KFP Corporation, Leased Workers from Spherion Somerset, PA February 13, 2010.

Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance Back to Top

After notice of the petitions was published in the Federal Register and on the Department's Web site, as required by Section 221 of the Act (19 U.S.C. 2271), the Department initiated investigations of these petitions.

The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn.

TA-W No. Subject firm Location Impact date
81,027 The Wise Company, Inc Rector, AR

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No. Subject firm Location Impact date
81,013 Maersk Agency, USA Inc., A.P. Moller Maersk, Remote Workers Across Viriginia Report to Miami Miami, FL
81,014 Maersk Agency, USA Inc., A.P. Moller Maersk, Customer Services Division, Rexx Charlotte, NC

I hereby certify that the aforementioned determinations were issued during the period of December 5, 2011 through December 9, 2011. These determinations are available on the Department's Web site at tradeact/taa/taa search form.cfm under searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at (888) 365-6822.

Dated: December 13, 2011.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2011-32613 Filed 12-20-11; 8:45 am]

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