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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 July 12, 2010 through July 16, 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 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

The following certifications have been issued. The date following the company name and location of each determination references the impact Start Printed Page 45162date 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
72,581Freightcar America, Roanoke Division, Leased Workers Express Professional, etcRoanoke, VAOctober 13, 2008.
72,853Stutzman Plating Inc., Leased Workers of Snelling Personnel ServicesLos Angeles, CANovember 11, 2008.
73,308Hoffmaster Food Service, D/B/A Brooklace, Hoffmaster Group, IncWest Haven, CTJanuary 15, 2009.
73,412Alcan CableRoseburg, ORFebruary 2, 2009.
73,644Cinram Manufacturing, LLC, Cinram International, Leased Workers From Onesource Staffing SolutionsOlyphant, PAMarch 4, 2009.
73,916Catawba Sox LLC, Formerly known as Catawba Sox, IncNewton, NCApril 13, 2009.
73,924Amsted Rail Company, Inc., Subsidiary of Amsted, Leased Workers from Kelly Services and Account TempsGranite City, ILApril 14, 2009.
74,122Markovitz Enterprises, Inc., Flowline DivisionNew Castle, PAMay 19, 2009.
74,184Innovative Surgical Products, ISSAL Medical Company, Leased Workers from ManpowerTustin, CAMay 21, 2009.
74,207Wendy Fashion, Inc.New York, NYMay 18, 2009.
74,219Cinram Distribution, LLC, Cinram International, Leased Workers from Ambassador Personnel, etcLaVergne, TNJune 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.

TA-W No.Subject firmLocationImpact date
72,715Bogner of America, Inc., Willy Bogner GMBH and CompanyNewport, VTOctober 28, 2008.
72,910Carl Zeiss IMT Corporation, Leased Workers of Award Staffing, Sysdyne Corp., Office Team, Nycor, etcMaple Grove, MNNovember 18, 2008.
72,962American Axle and ManufacturingOxford, MINovember 3, 2008.
72,976Deutsche Bank Services New Jersey, Inc., Finance DivisionJersey City, NJNovember 27, 2008.
73,317ASappi Fine Paper N.A., a subsidiary of Sappi Ltd, Research and Development Group, including Alternative Solutions, Manpower, AdeccoWestbrook, MEJanuary 20, 2009.
73,482Provisional, Office Team, Volt and Aerotek, Molina Healthcare, Medical Affairs-Credentialing GroupSpokane, WAJanuary 29, 2009.
73,539Georgia-Pacific Consumer Products LP, Georgia-Pacific, LLC, Leased Workers from Encadria Staffing SolutionsGreen Bay, WIFebruary 16, 2009.
73,932Amdocs BCS, Inc., BC&S Division, Amdocs, IncEl Dorado Hills, CAApril 8, 2009.
73,956Siemens IT Solutions and Services, Inc., Siemens Corp., Leased Workers Native Staffing, Indotronix and ConnexionMason, OHApril 17, 2009.
73,966Nortel Networks, CVAS Test OrganizationResearch Triangle Park, NCApril 19, 2009.
73,970CareFusion 2200, Inc., Leased Workers from Adecco, Inc. and SnellingRiverside, CAApril 16, 2009.
74,010General Electric Control Products, Fabricated Parts GroupMorrison, ILApril 26, 2009.
74,010AGeneral Electric Control Products, Motor Control Switch GroupMorrison, ILApril 26, 2009.
74,044Simport Corporation, Les Plastique Simport LTEEFairfax, VTApril 15, 2009.
74,055Harman International Industries, Inc., Shared Services Unit, Leased Workers from Aerotek, Accountants, etcNovi, MIMay 5, 2009.
74,072Allegiance Industries, Working on Site at Trinity North American Freight CarCartersville, GAMay 2, 2009.
74,189Agilent Technologies, Inc., Leased Workers from Volt Workforce Solutions, ABM Janitorial Services, etcLiberty Lake, WAJune 2, 2009.
74,229DP/DHL, DHL Information Services (Americas)Allentown, PAAugust 11, 2008.
74,230DP/DHL, DHL Information Services (Americas)Riverside, CAAugust 11, 2008.
74,232DP/DHL, DHL Information Services (Americas)Wilmington, OHAugust 11, 2008.
74,233DP/DHL, DHL Information Services (Americas)Plantation, FLAugust 11, 2008.
74,234DP/DHL, DHL Information Services (Americas)Houston, TXAugust 11, 2008.
74,236DP/DHL, DHL Information Services (Americas)Renton, WAAugust 11, 2008.
74,242Steris CorporationErie, PAJune 20, 2010.
74,242ASteris Corporation, Staffing Solutions, Express, CDI, Belcan and Amotec, Working on Site SterisErie, PAJune 14, 2009.
74,329Portage Electric Products, IncNorth Canton, OHJune 23, 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.Start Printed Page 45163

TA-W No.Subject firmLocationImpact date
72,795FreightCar America, Inc., Administrative OfficeJohnstown, PANovember 6, 2008.
73,213Johnson Controls-Hoover Universal, Inc., Automotive Experience, Leased Workers Trans Advantage & Express EmploymentLivermore, CAJanuary 4, 2009.
73,363Republic Engineered Products, Inc., Massillon Cold Finished PlantMassillon, OHJanuary 21, 2009.
73,363ARepublic Engineered Products, Inc., Central Machine/Fabrication FacilityMassillon, OHJanuary 21, 2009.
73,465Techma U.S.A., Inc., Leased Workers from Kelly Temporary ServicesGretna, VAFebruary 3, 2009.
73,680Hirschmann Automation and Control, A Subsidiary of Belden, IncChambersburg, PAMarch 1, 2009.
73,791Burlington Manufacturing Services, A Division of Burlington TechnologiesBurlington, NCMarch 17, 2009.
73,791ASe7en, A Division of Burlington TechnologiesGibsonville, NCMarch 17, 2009.
73,805Henkel Corporation, Electronics Adhesives Division, Leased Workers Aerotek ProfessionalBillerica, MAMarch 23, 2009.
73,859Watkins Shepard Trucking, Inc., Including on-site Independent ContractorsMissoula, MTMarch 23, 2009.
73,861Automatic Feed Company, Leased Workers from ManpowerNapoleon, OHMarch 22, 2009.
73,908Quality Enhancement Services, LLC, Leased Workers of Cornerstone Staffing SolutionsFremont, CAApril 12, 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
74,212Appeal-Democrat Inc., Division of Freedom Newspapers, Accounting DepartmentMarysville, CA
74,304Robin Manufacturing, USA, IncHudson, WI

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
72,172Cessna Aircraft CompanyWichita, KS
72,269Thermal Product Solutions, SPX Corporation, Leased Workers from Kelly ServicesNew Columbia, PA
72,627Millwork Distributors, Inc.Oshkosh, WI
72,673Weather Shield Manufacturing, Inc., Corporate OfficeMedford, WI
72,677GE Oil and Gas Operations, LLC, Application Engineering GroupOshkosh, WI
72,678Sand Dollar Drilling, LPSan Angelo, TX
72,747Patterson UTISan Angelo, TX
72,796Bar Processing Corporation, Flat Rock Metal, IncHammond, IN
72,833GEO Specialty ChemicalsDeer Park, TX
72,852General Motors Company, FKA General Motors Corp., Spring Hill Assembly PlantSpring Hill, TN
72,930Kik Custom Products, Inc., Kik Aerosol Socal, LLC, City of Industry Plant, Leased Workers Adecco ServicesCity of Industry, CA
73,008Nortels Networks, LTD, CDMA Core Development, Carrier Networks OrganizationRichardson, TX
73,142General Electric Aviation, Division of General Electric CorporationAlbuquerque, NM
73,172Rusnak/PasadenaPasadena, CA
73,180Spacelabs Healthcare, OSI Systems, Inc., Research and DevelopmentIssaquah, WA
73,210MetLifeMoosic, PA
73,210AMetLifeClarks Summit, PA
73,265HSBC Finance Corporation, Consumer & Mortgage Lending, Beneficial Division, HSBC North America HoldingsSouthern Pines, NC
73,282NCR CorporationDayton, OH
73,305Reddog Industries, IncErie, PA
73,377Toppan PhotoMasks, IncKokomo, IN
73,715Axiant, LLCHuntersville, NC
73,737Cullman Casting Corporation, North Vernon Industry CorporationCullman, AL
73,819KGP Telecommunications, IncSouth Bend, IN
73,823Demag Cranes & Components CorporationCleveland, OH
73,921Coaches! 101 (PAC)Jersey City, NJ
74,045Buell Motorcycle Company, LLCEast Troy, WI
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74,063TRG Insurance Solutions, LLCBeckley, WV
74,177B/E Aerospace, Inc., Consumable Management DivisionRoanoke, TX
74,228Coty Inc., FKA La Salle Laboratories, Division of Del Laboratories, IncLittle Falls, NY

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 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
73,522Nortel Networks, LTDRichardson, TX.
73,686MWH Americas, Inc., Silver City Office, Freeport-McMoran Tyrone Mining, LLCTyrone, NM.

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
74,295Diversco Integrated Services, WorldColor Division, Diversco Integrated ServicesDyersburg, TN.

I hereby certify that the aforementioned determinations were issued during the period of July 12, 2010 through July 16, 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: July 20, 2010.

Michael W. Jaffe,

Certifying Officer, Division of Trade Adjustment Assistance.

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[FR Doc. 2010-18832 Filed 7-30-10; 8:45 am]

BILLING CODE 4510-FN-P