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Notice

Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

 

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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 February 6, 2012 through February 10, 2012.

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
80,522 L.A. Darling Company LLC, Major Metals Division Paragould, AR October 14, 2010.
81,062 Thomasville Furniture Industries, Inc., Furniture Brands Intl, Corporate Office, Manpower, Ajilon Staffing, etc Thomasville, NC February 13, 2010.
81,182 GFF Holding Company Soperton, GA February 13, 2010.
81,182A GFF Holding Company LaGrange, GA February 13, 2010.
81,201 EuroLeather, Inc Newton, NC February 13, 2010.
81,218 Ballantyne Strong, Inc., Corporate Division, Aerotek, Remedy Staffing and TMI Managemet Omaha, NE February 13, 2010.
81,225 Adecco Engineering and Technical, Idaho Technical Center, Hewlett-Packard Company Boise, ID February 13, 2010.
81,251 Isaacson Structural Steel, Inc Berlin, NH February 13, 2010.
81,251A Isaacson Structural Steel, Inc Berlin, NH February 13, 2010.
81,304 Bristol Compressors International, Inc., Bright Services Bristol, VA February 7, 2011.

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
81,023 Hanet Plastics USA, Inc., Butternut Placement Plattsburgh, NY February 13, 2010.
81,038 Ford Motor Company, Twin Cities Assembly Plant, Vehicle Operations Division St. Paul, MN February 13, 2010.
81,083 John Crane, Inc., Business Information Services Division, Smiths Group PLC Morton Grove, IL February 13, 2010.
81,223 Genband US, LLC, Genband Holdings, A2 Research & Development Division, Including All Remote Plano, TX February 13, 2010.
81,243 Goodrich Lighting Systems, Inc., Goodrick Corporation, Apex, Adecco, Alliance Workforce, etc Oldsmar, FL February 13, 2010.
81,250 Schneider Electric, U.S.A., Power Business Unit, Power Solutions, Volt Workforces Solutions LaVergne, TN February 13, 2010.
81,263 Chartis Global Services, Inc., Regional Service Center, Chartis, Inc Houston, TX January 18, 2011.
81,265 Seagate US LLC, Shrewsbury Division Shrewsbury, MA March 6, 2011.
81,279 Springs Window Fashions, LLC, Including Leased Workers: Keystone Staffing, Aerotek Staffing Montgomery, PA February 27, 2012.
81,296 Pentair Water Filtration Indiana, LLC, Water Purification Division, Manpower Monticello, IN February 3, 2011.

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
80,508 LD Commodities Services LLC, Stateline Warehouse Ridgeway, VA October 7, 2010.
81,033 Tower Automotive, L.L.C., Weststaff Bellevue, OH February 13, 2010.
81,035 Dell USA LP, Global Platform Services Group Round Rock, TX February 13, 2010.
81,156 Schott Gemtron, Hometech and Flat Glass Divisions Vincennes, IN February 6, 2011.
81,156A Leased Workers from Select Remedy, Working On-Site at Schott Gemtron Vincennes, IN February 13, 2010.
81,255 Oakley Sub Assembly, Inc., Oakley Industries Sub Assembly, Jean Simpson Personnel Services Shreveport, LA January 13, 2011.

Negative Determinations for Worker Adjustment Assistance Back to Top

In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified.

The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.

TA-W No. Subject firm Location Impact date
81,071 II-VI Incorporated, Infrared Optics-Saxonburg Division Saxonburg, PA.  
81,086 The Flexaust Co., Inc., Encore Staffing and Instaff El Paso, TX.  

The investigation revealed that the criteria under paragraphs(a)(2)(A) (increased imports) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.

TA-W No. Subject firm Location Impact date
80,438 LabWest, Inc., Laboratory Corporation of America Holding Santa Ana, CA.  
80,449 Marfred Industries Hayward, CA.  
81,066 ConocoPhillips Company, Trainer Refinery Trainer, PA.  
81,098 Universal Handling Equipment Company, Inc., Davrond Corporation Owosso, MI.  
81,145 Sunoco, Inc. R & M, Refining Division Marcus Hook, PA.  
81,145A Sunoco, Inc., 10 Industrial Highway, MS4 Building G Lester, PA.  
81,245 Interlake Mecalux, Inc Sumter, SC.  

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
81,227 Dell Financial Services (DFS) Austin, TX.  
81,257 World of Flowers, Inc Oxford, AL.  

The following determinations terminating investigations were issued because the Department issued a negative determination on petitions related to the relevant investigation period applicable to the same worker group. The duplicative petitions did not present new information or a change in circumstances that would result in a reversal of the Department's previous negative determination, and therefore, further investigation would duplicate efforts and serve no purpose.

TA-W No. Subject firm Location Impact date
81,273 Sunoco, Inc., 10 Industrial Highway, MS4, Building G Lester, PA.  

I hereby certify that the aforementioned determinations were issued during the period of February 6, 2012 through February 10, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at 888-365-6822.

Dated: February 14, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2012-4577 Filed 2-27-12; 8:45 am]

BILLING CODE 4510-FN-P

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