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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 Start Printed Page 56142during the period of August 23, 2010 through August 27, 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 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
73,873Teleperformance USA Corporation, TPUSA, IncSalt Lake City, UTMarch 30, 2009.
73,873ATeleperformance USA Corporation, TPUSA, IncLindon, UTMarch 30, 2009.
73,903Owens-Illinois, Inc., Leased Workers from Manpower, IncClarion, PAApril 9, 2009.
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73,982Smiths Medical PM, Inc., Leased Workers from Aerotek and SpherionWaukesha, WIApril 14, 2009.
74,133Time Sensitive CircuitsAmesbury, MAMay 20, 2009.
74,171Waytec Electronics Corporation, Leased Workers from Alpha Omega, Kelly Services, and ManPowerLynchburg, VAMay 27, 2009.
74,237Temple-InlandEvansville, INJune 7, 2009.
74,279Soo Tractor Sweeprake CompanySioux City, IAJune 12, 2009.
74,357Cinram Distribution, LLC, Cinram International; Simi Valley Distribution Center; Leased Workers, etcSimi Valley, CAJuly 7, 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
72,869Dell, Inc., Global Command Center and Proactive Maintenance Divisions; Leased Workers, etcOklahoma City, OKNovember 11, 2008.
73,153Kimberly-Clark Global Sales, Inc., Kimberly-Clark Corporation; Leased Workers from Stafflogix CorporationNeenah, WIDecember 18, 2008.
73,153AKimberly-Clark Worldwide, Inc., Kimberly-Clark Corporation; Leased Workers from Stafflogix CorporationNeenah, WIDecember 18, 2008.
73,657SunGard Public Sector, SunGard Data SystemsLake Mary, FLMarch 5, 2009.
73,809Hewlett Packard/EDS, Primary Delivery Engineer Unit, Working On-Site At Proctor & GambleCincinnati, OHMarch 19, 2009.
73,909International Business Machines (IBM), Service Parts OrganizationsMechanicsburg, PAMarch 29, 2009.
74,141Affiliated Computer Services, Inc., Xerox Corporation, Workers of ACS Application Management Services, etcDallas, TXMay 24, 2009.
74,156Mattel, Inc., Global Logistics Org., Distribution Center, Leased Workers Select StaffingCity of Industry, CAMay 17, 2009.
74,164International Business Machines (IBM), Global Technology Services Delivery DivisionGreenville, SCMay 26, 2009.
74,185LF USA, Inc., Li & Fung Limited, Leased Workers from Winston StaffingNew York, NYMay 21, 2009.
74,319RR Donnelley, Digital Solutions Center DivisionPontiac, ILJune 29, 2009.
74,336Polaris Industries, Leased Workers from WestaffOsceola, WIJune 28, 2009.
74,368Novartis Pharmaceuticals Corporation, Electronic Data Management Division; Leased Workers from RCM Technologies, etcEast Hanover, NJJuly 9, 2009.
74,386Goodyear Tire & Rubber Company, Tyler Plant; Leased Workers Unicco Contracted Services and Kelly ServicesTyler, TXJune 30, 2009.
74,413McGuire Furniture Company, Kohler Co., Leased Workers from Manpower and AjilonSan Francisco, CAJuly 8, 2009.
74,465Harman Consumer, Inc., Engineering Department; Division of Harman International Industries, Inc.Northridge, CAAugust 2, 2009.
74,472EMC Corporation, Information Infrastructure Products, Ionix Software EngineersResearch Triangle Park, NCJuly 30, 2009.
74,472AEMC Corporation, Information Infrastructure Products, Ionix Software EngineersHopkinton, MAJuly 30, 2009.
74,473EMC Corporation, Information Infrastructure Products, Ionix Software EngineersAlexandria, VAJuly 30, 2009.
74,474EMC Corporation, Information Infrastructure Products; Ionix Software Engineers; etcBerkeley Heights, NJJuly 30, 2009.
74,479EMC Corporation, Information Infrastructure Products; Ionix Software EngineersRichardson, TXJuly 30, 2009.
74,480EMC Corporation, Information Infrastructure Products; Ionix Software EngineersWhite Plains, NYJuly 30, 2009.
74,503Road 9, Inc., Leased Workers From TPA-Administaff Companies II, LPGreenwood Village, COAugust 10, 2009.
74,523RR Donnelley, Digital Solutions Center Division; Leased Workers from Quality PersonnelGlasgow, KYAugust 11, 2009.
74,531Anthem Insurance Companies, Inc., Wellpoint, Finance Accounting, Leased Workers from Rogert Half/Accounting etcMason, OHAugust 13, 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
73,610Visteon Corporation, Springfield Plant; Leased Workers MSX International, Adecco, ManpowerSpringfield, OHMarch 2, 2009.
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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
73,335Arvin Technologies, IncTroy, MI.
73,335AArvinMeritor, IncTroy, MI.

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
74,235RSG Forest Products, IncKalama, WA.

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
73,045Techline, USA, Leased Workers from Express Employment ProfessionalsWaunakee, WI.
73,137Loadcraft Industries, LtdBrady, TX.
73,479Enesco, LLC, Gund Division, Distribution CenterEdison, NJ.
73,508Wausau Window And Wall Systems, A Subsidiary of Apogee Enterprises, Inc.Wausau, WI.
73,551RMC Pacific Materials, Inc., Cemex, IncDavenport, CA.
73,685Northwestern Tool & Die, LLCVernon Hills, IL.
73,815Colfax Envelope CorporationBuffalo Grove, IL.
74,079San Francisco Chronicle, Hearst Communications, Leased Workers from Correstaff, etc.Union City, CA.
74,089The Eastridge Group of Staffing Companies, Contractors & Builders Division; Bosa Holding, Inc.San Diego, CA.
74,118Ach Food Company, IncJacksonville, IL.
74,192KDH Defense Systems, IncorporatedWaynesburg, PA.
74,375Wisconsin Bell, Inc., Doing Business As Wisconsin Bell; Consumer Centers Sales and ServicesMilwaukee, WI.
74,458Smart-Sox, IncThomasville, NC.
74,462US Airways, Inc., Port Columbus, Fleet ServicesColumbus, 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 website, 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
74,475EMC Corporation, Information Infrastructure Products, Ionix Software EngineersBerkeley Heights, NJ.
74,476EMC Corporation, Information Infrastructure Products, Ionix Software EngineersColorado Springs, CO.
74,477EMC Corporation, Information Infrastructure Products, Ionix Software EngineersColorado Springs, CO.

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
74,478EMC Corporation, Information Infrastructure Products, Ionix Software EngineersDuluth, GA.
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74,535The TriZetto Group, Inc.Greenwood Village, CO.

I hereby certify that the aforementioned determinations were issued during the period of August 23, 2010 through August 27, 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 website at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

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Dated: September 3, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

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[FR Doc. 2010-22922 Filed 9-14-10; 8:45 am]

BILLING CODE 4510-FN-P