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 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 September 13, 2010 through September 17, 2010.

In order for an affirmative determination to be made for workers of a primary firm and a certification issued Start Printed Page 60143regarding 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
73,471Kelman Glass, LLC, DBA L.E. Smith Glass CompanyMount Pleasant, PAFebruary 3, 2009.
73,990Trinity North American Freight Car, Inc., Freight Car, Plant #26Fort Worth, TXApril 23, 2009.
74,280Whirlpool Corporation, Benton Harbor Division, Leased Workers from AerotekBenton Harbor, MIJune 18, 2009.
Start Printed Page 60144
74,412ConvergysAlbuquerque, NMJune 29, 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
73,152Dell, Inc., Enterprise Server Technical Support for AmericasRound Rock, TXDecember 18, 2008.
73,593International Business Machines (IBM), Global Technology Services Delivery Division, Offsite TeleworkersBoulder, COFebruary 24, 2009.
74,005Pentair Residential Filtration, Leased Workers from Furst StaffingRockford, ILApril 15, 2009.
74,054Dell, Inc., Dell Services, Insurance Solutions, Formerly Technical Mgmt., IncRome, GAMay 5, 2009.
74,168Gerber Plumbing Fixtures, LLC, Kokomo Sanitary Pottery DivisionKokomo, INMay 22, 2010.
74,269ADP TotalSource, iMedx, Inc.; formerly Medware, Inc.; Reporting From Home OfficesWinter Springs, FLJune 18, 2009.
74,363ACS Commercial Solutions, Inc., Affiliated Computer Services, Xerox Co., Insurance East SBU, Pegasus SBULondon, KYJuly 1, 2009.
74,387Allstate Insurance Company, Allstate Corporation, Allstate Claims Technology Services DepartmentNorthbrook, ILJuly 6, 2009.
74,393Henkel of America, Inc., Finance Department, Henkel AG and Co. KGAA, Leased Workers Robert Half, etcRocky Hill, CTJuly 15, 2009.
74,529Fisher-Price Inc., Mattel, Inc., Information Technology, Leased Workers from Pro UnlimitedEast Aurora, NYAugust 6, 2009.
74,541Annex Manufacturing, LLC, Hannifin Corp., Leased Workers from Kelly Temporary ServicesLyons, NYAugust 17, 2009.
74,591ProTeam, Inc., Emerson Electric, Leased Workers of SOS Staffing and LabormaxBoise, IDAugust 25, 2009.
74,591AThe United Electric Company, Proteam, Inc., Leased Workers from ManpowerBurlington, NCAugust 25, 2009.
74,609Laserwords, U.S., IncMadison, WISeptember 2, 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
74,151Dick Lucier ExcavationFrenchtown, MTMay 11, 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
74,498Holcim (US), Inc., North Region Terminal Operations Division, Detroit TerminalDetroit, MIJuly 8, 2009.
74,498AHolcim (US), Inc., North Region Terminal Operations Division, Elmira TerminalElmira, MIJuly 8, 2009.
74,498BHolcim (US), Inc., North Region Terminal Operations Division, Grandville TerminalGrandville, MIJuly 8, 2009.
74,498CHolcim (US), Inc., North Region Terminal Operations Division, Cincinnati River TerminalCincinnati, OHJuly 8, 2009.
74,498DHolcim (US), Inc., North Region Terminal Operations Division, Chicago Summit TerminalSummit, ILJuly 8, 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 60145

TA-W No.Subject firmLocationImpact date
73,938Management Resources Group, IncSouthbury, CT
74,309National Precast Structural, Inc., Precast National, IncShelby Township, MI
74,311National Precast, IncRoseville, MI

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
73,868Hewlett Packard CorporationMarlborough, MA
74,052Green Design Furniture CompanyPortland, ME
74,127Dyrsmith, LLC, Precisionworks ManufacturingBerthoud, CO
74,392Beckman Coulter, IncWebster, TX

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
74,499Holcim (US), Inc., North Regional Terminal Operations Division, Elmira TerminalElmira, MI
74,500Holcim (US), Inc., North Region Terminal Operations Division, Grandville TerminalGrandville, MI
74,501Holcim (US), Inc., North Region Terminal Operations Division, Cincinnati River TerminalCincinnati, OH
74,502Holcim (US), Inc., North Regional Terminal Operations Division, Chicago Summit TerminalSummit, IL

I hereby certify that the aforementioned determinations were issued during the period of September 13, 2010 through September 17, 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.

Start Signature

Dated: September 22, 2010

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

End Signature End Preamble

[FR Doc. 2010-24384 Filed 9-28-10; 8:45 am]

BILLING CODE 4510-FN-P