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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 30, 2010 through September 3, 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;Start Printed Page 57515

(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
72,531Riley Power, Inc., Vogt-Nem, Inc. and Babcock Power, IncErie, PAOctober 2, 2008.
73,656JK Products and Services, Inc., Leased Workers Aid Temporary Services, Inc., Staffmark, and Appleone, etcJonesboro, ARMarch 5, 2009.
73,965Angell-Demmel North America Corp, Sellner CorporationDayton, OHApril 9, 2009.
74,025Babcock Lumber Company, Hardwood Division; leased Workers Staff Right Services, etcSt. Marys, PAApril 23, 2009.
74,134Reynoldsville Holding CompanyReynoldsville, PAMay 10, 2009.
74,267Mason County Forest ProductsShelton, WAJune 14, 2009.
74,277Westcode, IncBinghamton, NYJune 21, 2009.
74,307Brockway Mould, Inc., Ross Mould, IncBrockport, PAJune 25, 2010.
74,384Shipbuilders of Wisconsin, Inc., Burger Boat Company; Leased Workers Aerotek and Skilled Trade ServicesManitowoc, WIJune 8, 2009.
74,534DuPont Teijin Films, Leased Workers from Schenkers Logistics, IncFlorence, SCNovember 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
73,547Acxiom Corporation, Leased Workers from CJCN, Kyntex, Premier Staffing, Quintex, etcLittle Rock, ARFebruary 22, 2009.
73,547AAcxiom Corporation, Leased Workers from CJCN, Kyntex, Premier Staffing, Quintex, etcConway, ARFebruary 22, 2009.
73,608PricewaterhouseCoopers, LLP (`PwC'), Internal Firm Services (`IFS') GroupCharlotte, NCFebruary 26, 2009.
73,829Suncor Energy (U.S.A.), Inc., A Subsidiary of Suncor Energy, IncGreenwood Village, COMarch 11, 2009.
73,887ITT Water & Wastewater Leopold, Inc., ITT Corporation; Leased Workers Account Temps, Kelly Services, Adecco, etcZelienople, PAMay 22, 2010.
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74,008Cooper, Crouse-Hinds MTL, Inc., Cooper, Crouse-Hinds; Cooper Industries; Leased Workers from Accountemps, etcWest Melbourne, FLApril 22, 2009.
74,028Imhauser CorporationRomney, WVApril 28, 2009.
74,065ShopKo Stores Operating Co., LLC, Information Services Division; SKO Group Holding, LLC; Leased Workers, etcGreen Bay, WIMay 7, 2009.
74,085Avery Dennison, Leased Workers from Adecco, IncLenoir, NCMay 13, 2009.
74,086Unisys Corporation, Managed Service Center; Leased Workers from Apex Systems and PinnacleAustin, TXMay 13, 2009.
74,142World Color Mt. Morris, IL LLC, Premedia Chicago Division; Leased Workers from The Creative Group, etcSchaumburg, ILMay 21, 2009.
74,377Sony Pictures Entertainment, IT Department, Leased Workers from Banctec, CCP Global, Invision, etcCulver City, CAJune 28, 2009.
74,414PricewaterhouseCoopers LLP, Internal Firm Services GroupCleveland, OHJuly 13, 2009.
74,454LSI Corporation, Integrated Circuit Testing DepartmentFort Collins, COJuly 22, 2009.
74,455Uniboard Fostoria, Inc., Uniboard CanadaFostoria, OHJuly 26, 2009.
74,483Wood Group Component Repair Services, Inc., Wood Group Gas Turbine Services, IncEast Windsor, CTAugust 3, 2009.
74,505Neff Motivation, Inc., Visant CorporationUnadilla, GAAugust 9, 2009.
74,518Peco II by Lineage Power, Leased Workers from Waycraft, IncorporatedGalion, OHJuly 27, 2009.
74,524TD Ameritrade, Inc., TD Ameritrade Clearing, Inc.; TD Ameritrade Holding Corporation etcFort Worth, TXAugust 5, 2009.
74,530Hewlett Packard Company, Human Resources DivisionAuburn and other Cities in California, CAAugust 4, 2009.
74,530AHewlett Packard Company, Human Resources DivisionBoise, IDAugust 4, 2009.
74,530BHewlett Packard Company, Human Resources DivisionEllicott City, MDAugust 4, 2009.
74,530CHewlett Packard Company, Human Resources DivisionCanton, MIAugust 4, 2009.
74,530DHewlett Packard Company, Human Resources DivisionWake Forest, NCAugust 4, 2009.
74,530EHewlett Packard Company, Human Resources DivisionCorvallis, ORAugust 4, 2009.
74,530FHewlett Packard Company, Human Resources DivisionBlue Bell, PAAugust 4, 2009
74,530GHewlett Packard Company, Human Resources DivisionHouston and other Cities in Texas, TXAugust 4, 2009.
74,530HHewlett Packard Company, Human Resources DivisionHerndon, VAAugust 4, 2009.
74,530IHewlett Packard Company, Human Resources DivisionVancouver, WAAugust 4, 2009.
74,545HAVI Logistics, North America, HAVI Group, LP; Leased Worker from Express Personnel Services, etcBloomingdale, ILAugust 11, 2009.
74,550Artisans, IncGlen Flora, WIAugust 20, 2009.
74,552CKE Restaurants, Inc., Client Services Division; Leased Workers from B2B Staffing ServicesAnaheim, CAAugust 18, 2009.
74,561Hilton Reservations and Customer Care, Hemet Division of Hilton WorldwideHemet, CAAugust 11, 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
73,203Hitachi Automotive Products (USA), Inc., Hitachi America, Ltd.; Leased Workers from Nesco Resource CompanyHarrodsburg, KYDecember 31, 2009.
73,486Ethan Allen Retail, IncLombard, ILFebruary 10, 2009.
73,496Guardian Automotive Corp., SRG Global IncLaGrange, GAMarch 27, 2009.
74,495General Electric Company, Transportation Division; Leased Workers from Adecco TechnicalGrove City, PAAugust 3, 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.

TA-W No.Subject firmLocationImpact date
73,021BJ Services, A Baker Hughes Incorporated CompanyEldorado, TX
73,721RCL Burco, Inc., RCL Services Group, LLCCulloden, WV
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73,722Sojitz Corporation of America, Sojitz Corporation; Forest Products DepartmentSeattle, WA
74,035OSRAM Sylvania, SiemensWarren, PA
74,246Bank of America, Card Customer Assistance DivisionState College, PA
74,290Supermedia LLC, Idearc Media LLC; SuperMedia Information Services LLC; Client Care, etc.Middleton, MA

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
73,707JD Norman Industries, Inc., Brooklyn FacilityBrooklyn, OH
73,759Eskco, IncDayton, OH
74,353Riverhawk AviationHickory, NC

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
73,625Compuware CorporationWarren, MI

I hereby certify that the aforementioned determinations were issued during the period of August 30, 2010 through September 3, 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: September 10, 2010.

Elliott S. Kushner

Certifying Officer, Division of Trade Adjustment Assistance.

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[FR Doc. 2010-23496 Filed 9-20-10; 8:45 am]

BILLING CODE 4510-FN-P