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Notice

Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

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Information about this document as published in the Federal Register.

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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 June 14, 2010 through June 18, 2010.

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 Start Printed Page 38140incorporating 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

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-WSubject firmLocationImpact date
72,811Holo-Krome, Former Subsidiary of Danaher Tool Group, Leased Workers of RandstadWest Hartford, CTNovember 4, 2008.
72,839United States Metal Powders, Inc., Formerly, United States Bronze Powders, Leased Workers Theorem CorporationFlemington, NJNovember 6, 2008.
73,648Gelita USA Inc., Leased Workers of Advance Services and ManpowerSergeant Bluff, IAMarch 3, 2009.
73,936ATI Wah Chang, Allegheny Technologies, IncAlbany, ORApril 14, 2009.
73,942Total Lubricants USA, Inc., A Subsidiary of Elf Aquitaine, IncRockingham, NCApril 9, 2009.

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.Start Printed Page 38141

TA-WSubject firmLocationImpact date
71,551AFreescale Semiconductor, Inc., Networking and Multimedia Group, Leased Workers of Synergy Services, etcAustin, TXJuly 1, 2008.
72,332Meritor Heavy Vehicle Systems, LLC, Commercial Vehicle Systems, ArvinMeritor, Leased Workers PinnacleFletcher, NCSeptember 16, 2008.
72,487JP Morgan Chase and Company, Treasury and Securities Services, Automated Clearing House OperationsBelleville, MIOctober 1, 2008.
72,615International Thermal Systems LLC, Leased Workers Argus, Faith Technologies, Products Services, etcMilwaukee, WIOctober 16, 2008.
73,178Alcatel-Lucent USA, Operations Division, Alcatel-LucentRaleigh, NCDecember 10, 2008.
73,229Barnes Aerospace, Barnes Group, Inc.; Leased Workers from Diversified DesignWest Chester, OHJanuary 5, 2009.
73,330Springs Global U.S., Inc., Leased Workers from Phillips Staffing and AquentFort Mill, SCJanuary 20, 2009.
73,330ASprings Global U.S., Inc., Leased Workers from 24 Seven, IncNew York, NYJanuary 20, 2009.
73,330BSprings Global U.S., Inc.Bentonville, ARJanuary 20, 2009.
73,330CSprings Global U.S., Inc.Minneapolis, MNJanuary 20, 2009.
73,330DSprings Global U.S., Inc.Plano, TXJanuary 20, 2009.
73,402Springs Window Fashions, LLC, Springs Industries, IncSanta Ana, CAFebruary 1, 2009.
73,476Corning Cable Systems, Leased Workers from AdeccoKeller, TXFebruary 10, 2009.
73,529ACS Enterprise Solutions, Inc., Waite Park Branch, Affiliate Of Affiliated Computer Services, (aka AVS, Xerox Company)Waite Park, MNDecember 16, 2008.
73,790MeadWestvaco Corporation, Global Business Services, Leased Workers from Manpower, etcGlen Allen, VAMarch 19, 2009.
73,798CompuCredit Holdings Corporation, Formerly CompuCredit Corporation, Credit Cards-Collections DivisionWilkesboro, NCMarch 25, 2009.
73,969Cummins, Inc., Cummins Components Fuel Systems Business Unit, Leased Workers of Volt, etcEl Paso, TXApril 19, 2009.
73,984Graphic Arts Center Publishing Company, Lincoln & Allen Division, Leased Workers of Hands On Demand, IncPortland, ORApril 21, 2009.
73,984AGraphic Arts Center Publishing CompanyPortland, ORApril 21, 2009.
73,985Graphic Arts Center Publishing Company, Haagen Print DivisionSanta Barbara, CAApril 21, 2009.
73,994Lipper, Thomson Reuters Market, Leased Workers Job Store Staffing, etcDenver, COApril 23, 2009.
74,006CIGNA Healthcare, Inc., Customer Service Department, Leased Workers from ProunlimitedFort Scott, KSApril 26, 2009.
74,013WellPoint, Inc., West Host Provider, Leased Workers from Kelly Services, etcDenver, COApril 27, 2009.
74,027UPS Supply Chain Solutions, United Parcel Service, Leased Workers Manpower, Spherion etcDunmore, PAApril 21, 2009.
74,060Ingersoll Rand, Hussman Corporation, Climate Solutions, Leased Workers from Procure StaffBridgeton, MOApril 5, 2009.
74,075Covance Research Products, Leased Workers from Aerotek and WSIKalamazoo, MIMay 11, 2009.
74,087IMS Health Incorporated, Shared Business Services Division, Leased Workers Kelly ServicesBethlehem, PAMay 13, 2009.
74,121Magna Modular Systems, AIM Systems-St. Louis, Magna International AmericaDupo, ILMay 18, 2009.
74,155Atlas Copco, Secoroc, LLC, Leased Workers Express Employment ProfessionalsRoanoke, VAMay 24, 2009.
74,213Intel Corporation, Corporate Services, D2 OperationsSanta Clara, CAJuly 8, 2010.
74,214Intel Corporation, California Technology and Manufacturing, D2 OperationsSanta Clara, CAMay 15, 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-WSubject firmLocationImpact date
72,481Fulton Manufacturing Industries, LLCBrecksville, OHOctober 2, 2008.
72,703Young Touchstone, Wabtec CorporationLexington, TNOctober 27, 2008.
73,077Grupo Antolin, Grupo Antolin North AmericaBelvidere, ILDecember 9, 2008.
73,598Biotech Industries, LLCNewton, NCFebruary 28, 2009.
73,946Kirkhill-TA Co., Haskon Division; Esterline Technologies; Leased Workers from SpherionTaunton, MAApril 15, 2009.
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73,959RJR Transportation, Inc.Lathrop, CAMarch 22, 2009.
74,069Nestaway LLC, Subsidiary of Leggett and PlattMcKenzie, TNMay 7, 2009.

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

TA-WSubject firmLocationImpact date
72,219USF Holland, Inc., A Subsidiary of YRC Worldwide, Inc.Jackson, MISeptember 3, 2008.

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 criterion under paragraph (a)(1), or (b)(1), or (c)(1) (employment decline or threat of separation) of section 222 has not been met.

TA-W No.Subject firmLocationImpact date
73,751RHealth, LLCMemphis, TN

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 firmLocationImpact date
72,018Smurfit-Stone Container Enterprises, IncPortland, CT
72,037General Cable Industries, Inc., General Cable Corporation, Leased Workers Nesco Resources, etcLawrenceburg, KY
72,239Runia Transportation, Inc.Eugene, OR
72,410DSC Window Fashions, Inc.Portland, OR
72,908Carolina Telephone and Telegraph Company LLC, Embarq Corporation; CenturyLink, New Bern Call CenterNew Bern, NC
72,916Dowell SchlumbergerSonora, TX
73,012Oldcastle Glass Engineered ProductsBloomsburg, PA
73,436Rexam Healthcare Packaging, Inc.Rossville, GA
73,517USA Mobility Wireless, Inc., Key Account Manager (KAM) GroupPlano, TX
73,560BCD Travel USA, LLC, Boise Siemens UnitBoise, ID
73,840Lochmoor Chrysler JeepDetroit, MI
73,989United Auto Workers (UAW) Local 136Fenton, MO
74,057Specialty Minerals, Inc.Franklin, VA

The investigation revealed that the criteria under paragraphs (b)(2) and (b)(3) (public agency acquisition of services from a foreign country) of section 222 have not been met.

TA-W No.Subject firmLocationImpact date
73,103Marine Corps Logistics BaseBarstow, CA
74,116Washington Department of Transportation, Olympic Division, Aberdeen Maintenance, Chehalis Drawbridge TendersAberdeen, WA

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 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 firmLocationImpact date
72,146Dassault Systemes Americas CorporationWoodland Hills, CA
73,177Century Aluminum of Kentucky, GPHawesville, KY
Start Printed Page 38143
73,825Steel Fabricators of Monroe, LLCMonroe, LA

The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 CFR 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 firmLocationImpact date
73,708Hayden Twist DrillWarren, MI

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 No.Subject firmLocationImpact date
72,277Hickory White UpholsteryHigh Point, NC
72,939Span America Inc.Worcester, PA
73,835Hartford Financial Services Group, Inc., Medical Bill Processing and Production Center SupportSyracuse, NY

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 firmLocationImpact date
72,947Supreme Foam, Inc.Archdale, NC

I hereby certify that the aforementioned determinations were issued during the period of June 14, 2010 through June 18, 2010. Copies of these determinations may be requested under the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or tofoiarequest@dol.gov. These determinations also are available on the Department's Web site at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

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Dated: June 24, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

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[FR Doc. 2010-16025 Filed 6-30-10; 8:45 am]

BILLING CODE 4510-FN-P S