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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 26, 2010 through July 30, 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; orStart Printed Page 49530

(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
72,362P.M. Kelly, Inc., Realty RoadAshland, MESeptember 18, 2008.
72,653Da-Tech Corporation, Leased Workers from Judge Technical Services, Synerfac Technical, etcIvyland, PASeptember 24, 2008.
72,905Precision Mold & Engineering, Inc.Warren, MINovember 19, 2008.
72,996Sunrise Tool and Die, Inc.Henderson, KYNovember 20, 2008.
73,040Thyssenkrupp Presta Steering GroupLadson, SCDecember 1, 2008.
73,469Charles D. Owen Mfg. Co. Inc., Springs Global U.S., Inc.Swannanoa, NCFebruary 2, 2009.
73,557Narriot Industries, LLCBoykins, VAFebruary 22, 2009.
73,769Flexsteel Industries, Inc., Leased Workers from Sedona StaffingDubuque, IAFebruary 12, 2010.
73,771Technicolor Video Cassette of Michigan, Thomson, Home Entertainment Services, Leased Workers Select Staffing, etcDetroit, MIMarch 1, 2009.
73,964Prestolite Wire Corporation, Leased Workers from Express Services and StaffmarkParagould, ARApril 14, 2009.
74,081General Motors Vehicle Manufacturing, General Motors Corp., Leased Workers Aerotek and Kelly ServicesShreveport, LAAugust 28, 2010.

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
72,377Match.Com, Workers Whose Wages are Reported Under PRCJacksonville, NCSeptember 21, 2008.
72,408Capmark Capital, Inc., Capmark Financial Group, Debtor in Possession, Leased Workers Spherion and ACSGranville, OHSeptember 24, 2008.
72,716Freeport-McMoran Safford, Inc., Including All Reclamation Group EmployeesSafford, AZOctober 21, 2008.
72,829Circuit Services Worldwide, Subsidiary of Pan-Co International Company, LtdBellevue, WANovember 9, 2008.
73,248Ellcon National, Machine Shop In Plant One, Faverly Transport, Leased On-Site Workers AerotekGreenville, SCJanuary 10, 2009.
73,271Dakota ImagingEl Paso, TXJanuary 12, 2009.
73,376Wacker Neuson Corporation, Wacher Neuson SEMenomonee Falls, WIJanuary 27, 2009.
73,379Bombardier Transportation, Bombardier Mass Transit, Leased Workers form Eastern Technical ServicesPlattsburgh, NYJanuary 26, 2009.
73,491Farley's & Sathers Candy Company, Inc., Leased Workers from Select StaffingChattanooga, TNFebruary 4, 2009.
73,493MEMC Electronic Materials, Inc., Southwest, Leased Workers from Kelly ServicesSherman, TXFebruary 5, 2009.
73,652Robert Bosch, LLC, Leased Workers from Aerotek, Cucor U.S., etcPlymouth, MIFebruary 10, 2009.
73,652ARobert Bosch, LLC, Leased Workers from Aerotek, Cucor U.S., etcFarmington Hills, MIFebruary 10, 2009.
73,679Liz Claiborne, Inc., Finance DivisionNorth Bergen, NJFebruary 18, 2009.
73,768Local Insight Media, Inc., Corporate Services DivisionEnglewood, COMarch 22, 2009.
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73,824Honeywell International, Inc., Automation and Control Solutions DivisionRock Island, ILMarch 29, 2009.
73,870Amphenol TCSMilpitas, CAApril 6, 2009.
73,872Goodrich Corporation, Landing Gear DivisionCleveland, OHMarch 18, 2009.
73,914Damco USA, Inc., Finance DivisionMadison, NJApril 13, 2009.
74,033SuperMedia, Inc., Formerly Idearc Media LLC, Publishing Operations GroupSt. Petersburg, FLMay 2, 2009.
74,051Bowne Technology Enterprise, LLC, Bowne and Company, Inc., Help Desk DivisionPiscataway, NJMay 5, 2009.
74,105Liz Claiborne, Inc., Corporate Manufacturing DepartmentNorth Bergen, NJMay 12, 2009.
74,144Hoffmann-LaRoche, Inc., Pharmaceutical Manufacturing, Technical Operations and Quality ManagementNutley, NJMay 11, 2009.
74,178Microsemi Corp. Massachusetts, Testing ServicesLawrence, MAMay 19, 2009.
74,266Prudential Insurance Company of America, Prudential RetirementMoosic, PAJune 17, 2009.
74,266APrudential Insurance Company of America, Prudential RetirementDubuque, IAJune 17, 2009.
74,283Highland Lakes Software, Inc.Austin, TXJune 15, 2009.
74,287National Sales Company, Stanley Black and Decker, Leased Workers of Lumea StaffingSterling, ILJune 21, 2009.
74,288National Manufacturing Company, Stanley Black & Decker, Stanley National Hardware, Leased Workers Lumea StaffRock Falls, ILJune 21, 2009.
74,298The Travelers Indemnity Company, Travelers Companies, Workers' Compensation Statistical ReportingHartford, CTJune 22, 2009.
74,306HAVI Logistics, North America, Havi Group, LPLivonia, MIJune 25, 2009.
74,313Becton, Dickinson, and Company, BD Medical; Sharps Disposal Systems, Leased Workers The Eastridge Group, etcOceanside, CAJune 8, 2009.
74,322PerTronix, Inc.Rancho Dominguez, CAJune 25, 2009.
74,332Andrew Wireless Solution, CommScope, Leased Workers Manpower and Griffith SecurityNewton, NCJune 29, 2009.
74,420Frank Russell Company, Administrative Service CenterTacoma, WAJuly 21, 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
72,850Kasto, Inc., Keuro Besitz GMBH & Co, Leased Workers of Industrial Employees, etcExport, PANovember 13, 2008.
73,348Hayes Enterprises, Inc.Potomac, MTJanuary 18, 2009.
73,910Cranberry Lumber CompanyBeckley, WVApril 14, 2009.
74,026Form Tech FraserFraser, MIApril 8, 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
72,222YRC, Inc., YRC Worldwide, Inc.Richfield, OHSeptember 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
72,901Sequel Software, Inc.Durango, CO
73,939C3I, Inc., Leased Workers from Manpower and ExpressWilkes-Barre, PA

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. Start Printed Page 49532

TA-W No.Subject firmLocationImpact date
74,270Lockheed Martin Systems IntegrationOwego, NY
74,270ALockheed Martin Systems IntegrationEndicott, NY
74,270BLockheed Martin Systems IntegrationEndicott, NY
74,270CLockheed Martin Systems IntegrationApalachin, NY
74,270DLockheed Martin Systems IntegrationOwego, NY

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
72,249CJ's Wholesale Socks, Inc.Fort Payne, AL.
72,359Nielsen Hardware, Actuant CorporationBerlin, CT.
72,515Precision Custom CoatingsTotowa, NJ.
72,917Circuit City, Inc., Bethlehem Distribution CenterBethlehem, PA.
73,005Camcar AerospaceRockford, IL.
73,154Transcom Enhanced Services, Inc.Fort Worth, TX.
73,156American Spring Wire Corp.Kankakee, IL.
73,161Oglebay Norton Industrial Sands, Inc., D/B/A Carmeuse Industrial SandsBrady, TX.
73,212Ryko Manufacturing Co.Grimes, IA.
73,285Bowne of Chicago, Inc., dba Bowne of Minneapolis, Leased Workers Randstad Staffing Services, etcMinneapolis, MN.
73,301Shieldalloy Metallurgical Corp., A Subsidiary of AMGNewfield, NJ.
73,401DEP, Inc., DBA Edward Ferrel/Lewis Mittman, Leased Workers from Graham PersonelleHigh Point, NC.
73,841HSBC Finance Corporation, HSBC North America Holdings, Inc.Dayton, OH.
73,894United Auto Workers Local 2244Fremont, CA.
74,334Buehler Motor, Inc., Buhler Motor GMBH, Leased Workers From ManpowerMorrisville, NC.
74,415New Page Corporation, Kimberly MillKimberly, WI.

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
74,029Mohican Juvenile Correctional FacilityPerrysville, OH.

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
72,537McQuay InternationalVerona, VA.
72,645Enterprise Tool and DieGrandville, MI.
73,886Burton Snowboards, IncSouth Burlington, VT.
74,043American Superconductor CorporationWest Mifflin, PA.
74,083SiemensBallefontaine, OH.
74,190Dyrsmith, LLC, DBA Precision-works ManufacturingAuburn, CA.
74,360CR Compressors, LLCDecatur, AL.
74,361CR Compressors, LLCHartselle, AL.

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.Start Printed Page 49533

TA-W No.Subject firmLocationImpact date
73,998Dupont Performance Coatings, On-Site at New United Motor Manufacturing, IncFremont, CA.

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No.Subject firmLocationImpact date
74,344Hanes Brands, IncWinston Salem, NC.

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
73,741KencoLexington, KY.
73,953Freescale Semiconductor, IncWoburn, MA.

I hereby certify that the aforementioned determinations were issued during the period of July 26, 2010 through July 30, 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: August 4, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance .

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[FR Doc. 2010-20039 Filed 8-12-10; 8:45 am]

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