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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 April 2, 2012 through April 6, 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 Back to Top

(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 Back to Top

(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

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
81,092 Cordis Corporation, Subsidiary of Johnson & Johnson, Kelly Services Leased Workers Miami Lakes, FL August 7, 2011.
81,092A Leased Workers On Site at Cordis Corporation, Aten Solutions, Accureg, Acro, Advanced Energy Sysytems, APC Workforce, etc Miami Lakes, FL February 13, 2010.
81,116 Clariant Corporation, Austin Industrial, Fluor Enterprises & Securitas Security Services USA Martin, SC February 13, 2010.
81,189 Tecumseh Compressor Company, North American Compressor Engineering Group, Tecumseh Product, Manpower Ann Arbor, MI February 13, 2010.
81,189A Tecumseh Compressor Company, North American Compressor Engineering Group, Tecumseh Product, Manpower Tecumseh, MI February 13, 2010.
81,224 Catawissa Wood and Components, Inc. Elysburg, PA August 18, 2011.
81,278 Milprint Packaging, LLC, Bemis Flexible Packaging Newark, CA February 13, 2010.
81,329 Somerset Foundries, A Subsidiary of Consolidated Industries, Inc Somerset, PA February 14, 2011.
81,360 Robert Bosch LLC, St. Joseph Plant (JPP), BMSN Stratosphere Quality, LLC, Allied Barton, etc St. Joseph, MI February 25, 2012.
81,379 Manpower Staffing Agency, Working On-Site at International Business Machines (IBM) Phoenix, AZ February 3, 2011.
81,437 The Wise Company, People Source Rector, AR March 19, 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
81,289 Transcom Worldwide (US) Inc., Transcom Worldwide S.A., A Luxembourg Company Lafayette, LA February 1, 2011.
81,292 Siemens Medical Solutions, USA, Inc., Oncology Care Systems (Radiation Oncology), Source Right Solutions Concord, CA February 1, 2011.
81,297 Samsung Information Systems America, Inc., Hard Disk Drive Lab, Secure Talent Leased Workers San Jose, CA February 3, 2011.
81,298 Syniverse Technologies, Inc. Watertown, MA February 6, 2011.
81,338 GlaxoSmithKline LLC, Global Manufacturing and Supply Division, Manpower, Strategic Resources etc East Durham, NY February 15, 2011.
81,368 CitiGroup Technology, Inc. (CTI), Financial Reporting Operations, Citigroup, Inc., Adecco, Advantage, etc Tampa, FL February 24, 2011.
81,393 Trim Systems Operating Corp., A Subsidiary of Commercial Vehicle Group, Staffmark Statesville Statesville, NC March 1, 2011.
81,400 North American Communications, Inc., Spherion and Advantage Resource Group Duncansville, PA February 27, 2011.
81,422 Thermo Fisher Scientific Milwaukee, LLC, Molecular Biology Reagents Division, Adecco Leased Workers Milwaukee, WI March 14, 2011.
81,450 Schneider Electric, Including On-Site Leased Workers From Volt Workforce Solutions Seneca, SC December 10, 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
81,381 Coplas, Inc., A Tiercon Corp. and AGS USA Affiliate Shreveport, LA March 1, 2011.

Negative Determinations for Worker Adjustment Assistance

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
81,383 Impact Confections, SOS Staffing Roswell, NM  

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
81,264 Phillips-Van Heusen Corporation, Izod Women's Wholesale Division New York, NY  
81,268 Follansbee Steel, Louis Berkman Company, Louis Berkman LLC WV Follansbee, WV  
81,313 Wyatt VI, Inc., A Division of Wyatt Field Service Company, On Site at Hovensa Oil Refinery Christiansted, VI  

Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance

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 USC 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
81,088 Unilin Flooring NC, LLC Holden, WV  
81,369 Versatile Entertainment, Inc. Los Angeles, CA  
81,418 Fortis Plastics LLC Wilmington, OH  
81,452 T-Mobile USA, Inc Redmond, OR  

The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 C.F.R. 90.11. Every petition filed by workers must be signed by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under Section 223(b), and therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid.

TA-W No. Subject firm Location Impact date
81,093 Platinum Ribbon Packaging, Inc. Port Washington, NY  

I hereby certify that the aforementioned determinations were issued during the period of April 2, 2012 through April 6, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search form.cfm.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at 888-365-6822.

Dated: April 12, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2012-9431 Filed 4-18-12; 8:45 am]

BILLING CODE 4510-FN-P

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