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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 28, 2010 through July 2, 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 Start Printed Page 41525produced 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. Under 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-W No.Subject firmLocationImpact date
73,046QualityLogic, IncorporatedBoise, IDDecember 3, 2008.
73,904ConAgra Foods Lamb Weston, Inc., Leased Workers Manpower and Barrett Business ServicesProsser, WAApril 9, 2009.
73,960668 Fashion, Inc.New York, NYApril 16, 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 41526

TA-W No.Subject firmLocationImpact date
73,025Harkham Industries, Inc., d/b/a/Jonathan MartinLos Angeles, CADecember 2, 2008.
73,075ABB, Inc., Robotics Division North America, Beeline CorporationAuburn Hills, MIDecember 4, 2008.
73,078HSBC, Consumer Lending Records DepartmentElmhurst, ILNovember 23, 2008.
73,288Eastman Kodak Company, Organic Light Emitting Diode Display Business DivisionRochester, NYJanuary 13, 2009.
73,443Sungard Availability Services, LP, Including leased workers of Insight Global, Harvey Nash and IntellisourceThornton, COJanuary 27, 2009.
73,466Chart Energy and Chemicals, LA Crosse Division, Chart Industries, Inc., Express Employ., etcLa Crosse, WIJanuary 29, 2009.
73,542Sanofi-Aventis, LLC, Industrial Affairs Division, Pro-Unlimited@Sanofi-AventisKansas City, MOFebruary 10, 2009.
73,595British Telecom America, A Subsidiary of BT PLC, including workers from Manpower and TechEl Segundo, CAMarch 1, 2009.
73,757Pricewaterhousecoopers, LLP, Internal Firm Services Division, Client Account AdministratorsLos Angeles, CAMarch 12, 2009.
73,860Metalsa Structural Products, Product Validaton Group, Leased Workers from Yoh ServicesPottstown, PAApril 1, 2009.
73,912Amdocs, Inc., Order and Wholesale Solutions Group of AT&T Managed ServicesNew Haven, CTApril 9, 2009.
73,941Applied Materials, Inc., Leased Workers from Adecco USASalt Lake City, UTApril 12, 2009.
73,987Ford Motor Credit Company, LLC, Colorado Springs Business Center, Leased Workers MSX InternationalColorado Springs, COApril 22, 2009.
73,995Datamatics Global Services, Inc., Data Entry Group, Datamatics Global Services, LtdBurlington, MAApril 16, 2009.
73,996General Electric Motors Plant, Energy (Motors) DivisionOwensboro, KYApril 23, 2009.
74,019Choicepoint, A LexisNexis Company, Leased Workers Global Contract Services (GCS) etcBrea, CAApril 26, 2009.
74,064Aviat U.S., Inc., Including Greene Resources, IncSan Antonio, TXMay 7, 2009.
74,088ABB, Inc.Mount Pleasant, PAMay 10, 2009.
74,110Microsemi Corporation—Scottsdale, Microsemi Corporation, Leased workers Superior StaffingScottsdale, AZMay 17, 2009.
74,117Mark Machine, Division of Paragon MedicalFairfield, NJMay 18, 2009.
74,126Broadview Networks Holdings, IncKing of Prussia, PAMay 7, 2009.
74,149Hartford Financial Services Group, Inc., Claims Department/Auto Commercial LiabilityIndianapolis, INApril 29, 2009.
74,149AHartford Financial Services Group, Inc., Claims Department/Auto Commercial LiabilityTampa, FLApril 29, 2009.
74,217Honeywell International, Inc., Aerospace Division, Inbound Logistics GroupPhoenix, AZJune 7, 2009.
74,250Charming Shoppes of Delaware, Inc., Accounts Payable, Rent and Merchandise Disbursement, Shared Service CenterBensalem, PAJune 15, 2009.

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 firmLocationImpact date
72,977Henniges Automotive, a Subsidiary of Wynnchurch CapitalNew Haven, MONovember 2, 2008.
73,072Android Industries Belvidere, LLC, Leased Workers from QPs Employment Group and Spherion CorporationBelvidere, ILDecember 9, 2008.
73,345Inteva Products, LLC, Leased Workers from Accretive Solutions, Acro Services CorporationVandalia, OHDecember 16, 2008.
73,389Allagash Enterprise, IncAllagash, MEJanuary 3, 2009.
73,767Toyoda Gosei North American Corporation, Including leased workers of Aerotek, Brooksource, LLC, etcTroy, MIMarch 12, 2009.
74,137SPS Technologies, LLC, North America Fasteners Division, Leased Workers of Area TempsCleveland, OHMay 24, 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-W No.Subject firmLocationImpact date
72,722ArcelorMittal Tubular Products, ArcelorMittalShelby, OHOctober 22, 2008.
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73,460Milacron Plastics Technologies Group LLC, Leased Workers from Viox ServciesBatavia, OHFebruary 4, 2009.

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
73,948Central Oregon WorkensportBend, OR

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
72,088Active USA, LLC, A Division of JHT Holdings, IncSpringfield, OH
72,335Husky Injection Molding Systems, Inc., A Subsidiary of Husky Injection Molding Systems, LTDMilton, VT
72,812Ford Motor Company, Wayne Assembly PlantWayne, MI
73,048Mohawk Flush Doors, Masonite InternationalSouth Bend, IN
73,093Ruan Transport, Ruan Transport Management SystemsMarshalltown, IA
73,240Union Oil of California, Chevron North America, Exploration and ProductionAnchorage, AK
73,607Armstrong World Industries, Inc., Hardwood Strip Flooring MillOneida, TN
73,853Science Applications International Corporation, Commercial Business Services BU, Working on Contract for BP CorporationNaperville, IL
74,049Trans States Airlines LLC, Passenger Service Agents, Lambert-St. Louis International AirportSt. Louis, MO
74,139KDH Defense Systems, Inc.Johnstown, PA
74,221Tri-Tube Inc.Abingdon, VA

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
72,968WC Wood Corporation, Inc.Ottawa, OH
73,602Apria HealthcareJackson, TN
74,114Hagemeyer North AmericaHagerstown, MD
74,251Almatis, Inc.Bauxite, AR
74,308Progress Software CorporationBedford, MA

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
74,186General Motors, Warren Technical CenterWarren, MI
74,261Kenco Logistic Services, LLCEvansville, IN

I hereby certify that the aforementioned determinations were issued during the period of June 28, 2010 through July 2, 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.

Start Signature
Start Printed Page 41528

Dated: July 8, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

End Signature End Preamble

[FR Doc. 2010-17383 Filed 7-15-10; 8:45 am]

BILLING CODE 4510-FN-P