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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 March 19, 2012 through March 23, 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 number Subject firm Location Impact date
81,364 Jeld-Wen, Inc., Millwork Manufacturing Division, Express Services, Flexforce Staffing, etc Bend, OR February 23, 2011.
81,403 Huitt Mills, Inc. Hildebran, NC April 10, 2012.
81,403A Huitt Mills, Inc. North Wilkesboro, NC April 10, 2012.

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 number Subject firm Location Impact date
81,179 Film Services Technicolor, Technicolor, Ajilon Professional Staffing, North Hollywood and Burbank, CA Glendale, CA February 13, 2010.
81,192 Ferre Hickory LLC Hickory, NC February 13, 2010.
81,348 Fashion Tech, Inc., Hunter Douglas Salt Lake City, UT February 17, 2011.
81,363 FLABEG Automotive US Corporation, Belcan, Kelly Services, Manpower and Staffmark Brackenridge, PA February 23, 2011.
81,370 Intelius, Inc., Customer Support Division, Terra Staffing Bothell, WA February 24, 2011.
81,373 International Rehabilitative Services, DNC, D/B/A RS Medical, Finance and Sales Divisions, Robert Half Finance, etc Vancouver, WA February 27, 2011.
81,396 Zondervan, Harper Collins, Harpercollins Publishers, Peoplemark Temporary Agency, etc Grand Rapids, MI March 6, 2011.
81,404 Jones Distribution Corporation, Wise Staffing Lawrenceburg, TN July 21, 2011.
81,409 OnBoard Research Corporation, Sterling Personnel Carrollton, TX March 9, 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 number Subject firm Location Impact date
81,394 Unifi, Inc., Unifi Manufacturing, Inc Ft. Payne, AL March 2, 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) (increased imports) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.

TA-W number Subject firm Location Impact date
80,518 Ther-RX Corporation, KV Pharmaceutical Company Bridgeton, MO
80,525 Long Elevator & Machine Company, Inc., Unemployment Insurance (UI) Wages were Report Through Kone, Inc Riverton, IL
81,048 Tiz's Door Sales, Inc. Everett, WA
81,291 Exelis, Inc., Formerly Known as ITT Corporation, Geospatial Systems Division Roanoke, VA
81,389 Howard Distributing II, Inc. Mayfield, KY

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 petitioning groups of workers are covered by active certifications. Consequently, further investigation in these cases would serve no purpose since the petitioning group of workers cannot be covered by more than one certification at a time.

TA-W number Subject firm Location Impact date
81,375 Dow Jones & Company, Inc., Dow Jones Content Services Princeton, NJ

I hereby certify that the aforementioned determinations were issued during the period of March 19, 2012 through March 23, 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: March 29, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2012-8498 Filed 4-9-12; 8:45 am]

BILLING CODE 4510-FN-P

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