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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 August 2, 2010 through August 6, 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 Start Printed Page 51847directly 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
72,580Criterion Catalysts & Technologies L.P.Belmont, WVOctober 13, 2008.
73,207O'Neal Steel, Inc., Leased Workers from Advantage StaffingGreensboro, NCDecember 31, 2008.
73,566Precision Etchings and Findings, Inc.Warwick, RIFebruary 24, 2009.
73,892Design Ware, American Greetings, Leased Workers Advanced EmploymentKalamazoo, MIApril 5, 2009.
74,179Thakar Aluminum CorporationSandusky, OHMay 27, 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
72,954RBP Chemical Technology, Inc.Milwaukee, WINovember 24, 2008.
73,083Viewpointe Archive Services, LLC, On-Site Leased Workers from Atrium StaffingParsippany, NJDecember 11, 2008.
73,124Suite Simplicity, LLC, Formerly Deco Lav, IncGreensboro, NCDecember 17, 2008.
73,309Ceratizit USA, Inc., zCrtsyixit S.A., On-Site Leased Workers from The Callos Company and AdeccoDerry, PAJanuary 13, 2009.
73,368NCI Group, Inc., DBA A&S Building Systems; Leased Workers of Daniel GroupRocky Mount, NCJanuary 25, 2009.
73,483Insulet Corporation, Leased Workers from John Galt Staffing, GCR Professional Services, etcBedford, MAFebruary 8, 2009.
73,556Flextronics America, LLC, Flextronics International USA, On-Site Leased Workers form AerotekCreedmoor, NCFebruary 23, 2009.
73,606Leased Workers From Teksystems, Ajilon, and Pomeroy, Working On-Site at Target Corporation, North Campus Rollout RoomBrooklyn Park, MNMarch 1, 2009.
73,734Purchasingnet, Inc., Research & Development, and General & Administrative, ESW, etcRed Bank, NJMarch 16, 2009.
73,891Emerson Process Management Regulator Technologies, Inc., Emerson Electric CompanyMcKinney, TXApril 7, 2009.
73,975CareFusion 209, Incorporated, Leased Workers from Aerotek and AdeccoMiddleton, WIApril 6, 2009.
73,986AT&T Services, Inc., Information TechnologyBothell, WAApril 19, 2009.
73,991JBL Incorporated, Harman International Industries, Leased Workers Select Staffing, etcNorthridge, CAJune 25, 2010.
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73,992BP Solar International, Inc., Subsidiary of BP America International, Inc., Leased Workers of Aerotek, etcFrederick, MDApril 23, 2009.
74,038Tyden Brooks Security Products Group, On-Site Leased Workers from ERG Staffing Service & Express Employment, etcPhillipsburg, NJApril 30, 2009.
74,124Precision Wire Components, Leased Workers From AerotekTualatin, ORApril 23, 2009.
74,170Con-way Enterprise Services, Accounting, Fixed Assets and IT Infrastructure Divisions; etcPortland, ORMay 28, 2009.
74,172Toshiba America Consumer Products, Inc., Tennessee Operations Product Return Center (“PRC”)Lebanon, TNMay 28, 2009.
74,187Fairchild Semiconductor, Leased Workers from NStar Global ServicesMountaintop, PAJune 3, 2009.
74,209Citicorp Credit Services, Inc. (USA), Risk and Fraud Operations Divisions, Citigroup, IncTucson, AZJune 1, 2009.
74,292Precision Dynamics CorporationSan Fernando, CAJune 14, 2009.
74,299Anthem Blue Cross and Blue Shield of Maine, Wellpoint, Inc., Leased Workers Iconma, Indecon, Pinnacle, etcSouth Portland, MEJune 24, 2009.
74,382J.P. Morgan Chase, Troy Telephone BankingTroy, MIJuly 12, 2009.
74,397Progress Software Corporation, Off-Site Workers Reporting to Bedford, Massachusetts from Arizona, etcBedford, MAJuly 12, 2009.
74,398Progress Software CorporationEl Segundo, CAJuly 12, 2009.
74,399Progress Software CorporationSan Francisco, CAJuly 12, 2009.
74,400Progress Software CorporationNashua, NHJuly 12, 2009.
74,401Savvion, A Progress Software CompanySanta Clara, CAJuly 12, 2009.
74,402DataDirect TechnologiesLos Gatos, CAJuly 12, 2009.
74,403Progress Software CorporationOak Brook, ILJuly 12, 2009.
74,404Progress Software CorporationLargo, MDJuly 12, 2009.
74,405Progress Software CorporationNew York, NYJuly 12, 2009.
74,406DataDirect Technologies HeadquartersMorrisville, NCJuly 12, 2009.
74,407Progress Software CorporationAustin, TXJuly 12, 2009.
74,408DataDirect TechnologiesSugar Land, TXJuly 12, 2009.
74,409DataDirect TechnologiesFairfax, VAJuly 12, 2009.
74,410DataDirect TechnologiesNorfolk, VAJuly 12, 2009.
74,431Evonik Cyro, LLC, Evonik Industries, On-Site Leased Workers from ManpowerSanford, MEJuly 22, 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
72,988Matcor Automotive, Inc., On-Site Leased Workers from GSN Staffing, Ameristaff & Express, etc.Moberly, MONovember 24, 2008.
73,378General Fasteners CompanyRichmond, INJanuary 27, 2009.
73,689General Motors Component Holdings, LLC, General Motors Company; Delphi Corporation, Electronics & Safety DivisionKokomo, INFebruary 15, 2010.
74,130Eagle Express Trucking, Inc.Saint Marys, PAMay 20, 2009.
74,205River Bend Industries, LLC, Leased Workers FirststaffFort Smith, ARMay 10, 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
73,871Weyerhaeuser Company, iLevel Sales Service CenterSacramento, CAApril 6, 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 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 firmLocationImpact date
73,683Contour Aerospace Corporation, a division of Vought Aircraft IndustriesEverett, WA
74,173Liberty Healthcare CorporationBala Cynwyd, PA
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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
72,122The Dial CorporationSt. Louis, MO
72,762Upper Connecticut Valley Hospital Association, Inc.Colebrook, NH
72,949Western Digital Technologies, Inc., Corporate Headquarters/Hard Drive Development DivisionLake Forest, CA
73,225Custom Hoists, Inc., Standex InternationalHayesville, OH
73,579Consolidated Glass and Mirror Corp., Guardian Industries Corp.Galax, VA
73,629Plycraft Industries, Inc.Huntington Beach, CA
73,655Lamson Pipe CompanyErie, PA
73,702Komatsu Latin America Corporation, Komatsu America CorporationMiami, FL
74,297Aero-Metric, Inc.Seattle, WA
74,355Dish Network Service L.L.C., McKeesport Dispatch-DNSMcKeesport, PA

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
73,735Product ActionDayton, OH
74,376Ellwood Crankshaft & Machine CompanyHermitage, PA
74,421Fairfield Chair Company, Plant #1Lenoir, NC
74,440Hagemeyer North America, Sonepar USACharleston, SC

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
73,890Pioneer Press, LtdKaukauna, WI

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
74,153Freescale Semiconductor, Inc., Quality Division, Leased Workers from ManPowerAustin, TX
74,231Swets Information Service, Finance DepartmentRunnemede, NJ
74,282Diebold IncorporatedNorth Canton, OH

I hereby certify that the aforementioned determinations were issued during the period of August 2, 2010 through August 6, 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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Date: August 11, 2010.

Michael W. Jaffe,

Certifying Officer, Division of Trade Adjustment Assistance.

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[FR Doc. 2010-20790 Filed 8-20-10; 8:45 am]

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