Skip to Content

Notice

Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

In accordance with Section 223 of the Trade Act of 1974, as amended (19 USC 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 16, 2010 through August 20, 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 54185directly 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
73,352Republic Special Metals, Inc., Patriot Morgan, Inc.Canton, OHJanuary 20, 2009.
73,501National Emblem, Inc.Carson, CAFebruary 12, 2009.
73,632Simclar Interconnect Technologies, Inc., Leased Workers from Express Employment ProfessionalsOzark, MOMarch 1, 2009.
74,042Filtran LLC, Leased Workers from Skills Employment PersonnelLugoff, SCApril 27, 2009.
74,201Mt. Taylor Millwork, IncMilan, NMMay 24, 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
73,561Musashi Auto Parts Michigan, Inc., Musashi Seimitsu Industry Company, Ltd.; Leased Workers SpherionBattle Creek, MIFebruary 23, 2009.
73,620Ticona Polymers, Celanese Corporation; Polymer Production Unit; Leased Workers from MundyGrover, NCFebruary 22, 2009.
73,676Apria Healthcare, Customer Service DepartmentBirmingham and Mobile, ALMarch 8, 2009.
73,676AApria Healthcare, Customer Service DepartmentLittle Rock and Lowell, ARMarch 8, 2009.
73,676BApria Healthcare, Customer Service DepartmentBullhead City and Other Cities, AZMarch 8, 2009.
73,676CApria Healthcare, Customer Service DepartmentLancaster and Other Cities, CAMarch 8, 2009.
73,676DApria Healthcare, Customer Service DepartmentDurango, COMarch 8, 2009.
73,676EApria Healthcare, Customer Service DepartmentCromwell, CTMarch 8, 2009.
73,676FApria Healthcare, Customer Service DepartmentFort Myers and Other Cities, FLMarch 8, 2009.
73,676GApria Healthcare, Customer Service DepartmentAthens and Other Cities, GAMarch 8, 2009.
73,676HApria Healthcare, Customer Service DepartmentCollinsville, IlMarch 8, 2009.
73,676IApria Healthcare, Customer Service DepartmentColby and Other Cities, KSMarch 8, 2009.
73,676JApria Healthcare, Customer Service DepartmentBaton Rouge and Other Cities, LAMarch 8, 2009.
73,676KApria Healthcare, Customer Service DepartmentCameron and Other Cities, MOMarch 8, 2009.
73,676LApria Healthcare, Customer Service DepartmentBiloxi, MSMarch 8, 2009.
73,676MApria Healthcare, Customer Service DepartmentArden and Other Cities, NCMarch 8, 2009.
73,676NApria Healthcare, Customer Service DepartmentAlbuquerque, NMMarch 8, 2009.
Start Printed Page 54186
73,676OApria Healthcare, Customer Service DepartmentHenderson and Sparks, NVMarch 8, 2009.
73,676PApria Healthcare, Customer Service DepartmentTulsa, OKMarch 8, 2009.
73,676QApria Healthcare, Customer Service DepartmentDuncan and Other Cities, SCMarch 8, 2009.
73,676RApria Healthcare, Customer Service DepartmentChattanooga and Other Cities, TNMarch 8, 2009.
73,676SApria Healthcare, Customer Service DepartmentAmarillo and Other Cities, TXMarch 8, 2009.
73,676TApria Healthcare, Customer Service DepartmentLayton and Salt Lake City, UTMarch 8, 2009.
73,676UApria Healthcare, Customer Service DepartmentSpokane, WAMarch 8, 2009.
73,826Kincaid, Inc.Athens, TNMarch 31, 2009.
73,847PricewaterhouseCoopers, LLP, Internal Firm Services Client Account Administrators GroupFlorham Park, NJMarch 22, 2009.
73,907Sherrill Manufacturing, Inc.Sherrill, NYApril 12, 2009.
73,951Ethicon, Johnson & Johnson; Leased Workers Kelly Temporary ServicesSan Angelo, TXApril 13, 2009.
74,077Robb and Stucky LTD., LLLP, Leased Workers Spartan StaffingLincolnton, NCMay 11, 2009.
74,180Panasonic Home Appliances Company of America, Panasonic Corporation of North America; Leased Workers Nesco Resource, etcDanville, KYApril 24, 2009.
74,300Als Holdings, Inc., Formerly known as Apex Label and Systems, Inc., Tapp Technologies, IncClackamas, ORJune 24, 2009.
74,369Lanxess Sybron Chemicals, Inc., Lanxess Corporation; Leased Workers from Belcan CorporationBirmingham, NJMarch 19, 2010.
74,372Metalsa Structural Products, Inc., Formerly Dana Holding Corporation, Product Engineering GroupPottstown, PAJune 14, 2009.
74,373Metlife Group, Inc., Technology & Operations Division; Customer Sales & Service Unit; etcWest Warwick, RIJuly 12, 2009.
74,390Haldex Brake Corporation, Commercial Vehicle SystemsIola, KSJuly 15, 2009.
74,422World Color (USA), LLC, Dyersburg Division; Staffmark, Diversco, MetroDyersburg, TNJuly 16, 2009.
74,435Philips Professional Luminaries, Philips Lighting; Leased Workers from AdeccoUnion, NJJuly 21, 2009.
74,463Kimble Chase Life Science and Research Products, LLC, Leased Workers from ManpowerVineland, NJJuly 14, 2009.
74,470Standard Microsystems Corporation, Also Known as SMSC; Production Test DivisionHauppauge, NYAugust 2, 2012.
74,486Precision Dormer, LLC, Crystal Lake Supply Unit, Sandvik, Leased Workers from Staff MarkCrystal Lake, ILAugust 3, 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
74,160American General—AIG, Life Brokerage; American International GroupWauwatosa, WIMay 27, 2009.
74,258RWD Technologies, LLC, RWD Technologies, Inc.; National Practices; etcTroy, MIMay 26, 2009.
74,335Jatal, Inc., Accel Plastics; Leased Workers from Smart TalentAuburn, WAJune 30, 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
73,096USF Holland, Inc., Detroit Service Center; YRC WorldwideRomulus, MINovember 18, 2008.
73,802JD Irving Woodland, LLCFort Kent, MEMarch 15, 2009.
73,945Carlen Transport, Inc.Hampden, MEApril 7, 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) (increased imports) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.Start Printed Page 54187

TA-W No.Subject firmLocationImpact date
72,729International Paper, Pineville Mill, Industrial Packaging GroupPineville, LA.
73,030Apex Systems, Inc., Working on-site at Verizon Business Network Services, IncColorado Springs, CO.
73,108TEKsystems, Inc., Allegis Group, Inc.; Doing Business as AerotekPittsburgh, PA.
73,228Superior Technical Resources, Inc., Classmates.comSeattle, WA.
73,281Shorewood Packaging, International Paper Company, Leased Workers Ameristaff StaffingDanville, VA.
73,383Conner Steel Products, Inc.San Angelo, TX.
73,848MDM Supply CompanyMissoula, MT.
74,132DuPont Performance EElastomers, Hypalon UnitNederland, TX.
74,310Eli Lilly and Company, Business System OperationsIndianapolis, IN.
74,327Anthem Blue Cross Blue Shield, Claim Management Services, Inc. Operations, A Division of Wellpoint, IncGreen Bay, WI.
74,347NCR Corporation, USPS Help Desk of Customer Care Center, Leased Workers of Volt ConsultingWest Columbia, SC.
74,395FTCA, Inc.Somerset, PA.

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
74,331Madison County Employment and Training, Administration BuildingWood River, IL.
74,331AMadison County Employment and Training, Field OfficeGranite City, IL.
74,331BMadison County Employment and Training, Field OfficeAlton, IL.
74,331CMadison County Employment and Training, Field OfficeEdwardsville, IL.
74,331DMadison County Employment and Training, Field OfficeGlen Carbon, IL.

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
73,979Hagemeyer North America, Chambersburg Distribution CenterChambersburg, PA.
74,067Kartheiser Trucking, Inc.Columbia Falls, MT.
74,485Akzo Nobel Nonstick CoatingsDes Plaines, IL.

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
73,145M & L Manufacturing, Inc. and The Jewelry StreamLos Angeles, CA.

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
73,770AChrysler Group, LLC, St. Louis North PlantFenton, MO.
73,807Keane, Inc., Working On-Site at Teachers Insurance Annuity Association (TIAA-CREF)Boston, MA.
73,937Apria Healthcare, Customer Service DivisionDuluth, GA.
Start Printed Page 54188

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
74,522HealthPlan ServicesTampa, FL.

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
73,770Chrysler Group, LLC, St. Louis South PlantFenton, MO.

I hereby certify that the aforementioned determinations were issued during the period of August 16, 2010 through August 20, 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, N., 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

Dated: August 27, 2010.

Michael W. Jaffe,

Certifying Officer, Division of Trade Adjustment Assistance.

End Signature End Preamble

[FR Doc. 2010-22104 Filed 9-2-10; 8:45 am]

BILLING CODE 4510-FN-P