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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 September 27, 2010 through October 1, 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;Start Printed Page 63510

(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
73,874The Wise Company, Inc. (B&M Seating)Memphis, TNApril 6, 2009.
73,877L.A. Najarian, IncGreene, NYMarch 29, 2009.
74,020The Electric Materials Company, Subsidiary of United StarsNorth East, PAApril 12, 2009.
74,349Belding Hausman, Inc., Weldon Mill, Leased Workers from Compensation ManagementEmporia, VAJune 28, 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
73,621Thermo Fisher Hamilton, Subsidiary of Thermo Fisher Scientific, Lab Works Stations DivisionTwo Rivers, WIMarch 2, 2009.
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74,272Medtronic, Inc., Cardiac Rhythm Disease Management, Leased Workers of Advantage Technical, etcMounds View, MNJune 21, 2009.
74,337Certegy Check Services, Inc., Fidelity National Payment Services, Leased Workers from AppleoneWest Valley City, UTJune 30, 2009.
74,385Mermec, Inc., FKA ImageMap, Inc., Leased Worker from Modis, IncColumbia, SCJuly 13, 2009.
74,464BreconRidge Manufacturing Solutions, Sanmina-SCI Corporation, Leased Workers from Kelly Services and PenskiOgdensburg, NYJuly 29, 2009.
74,467Zach System Corporation, Zach System SPA, Leased Workers of Turner Industries and GoLa Porte, TXAugust 3, 2009.
74,491Acme Electric, Actuant Corporation, Leased Workers From Mega Force StaffingLumberton, NCAugust 15, 2010.
74,504American Girl Brands, LLC, Subsidiary of Mattel, IncMiddleton, WIAugust 6, 2009.
74,517Hotels.Com, An Expedia, Inc. Company, LatamArlington, TXJuly 31, 2009.
74,556Telair International, Incorporated, Nordisk Aviation Products DivisionSimi Valley, CAJuly 20, 2009.
74,567Janssen R&D and Janssen Pharmaceutical Supply Group, Divisions of J&JSpringhouse, PAAugust 24, 2009.
74,580Fiskars Brands, Inc., Garden Division, On-Site Leased Workers of QTISauk City, WIAugust 31, 2009.
74,580AFiskars Brands, Inc., School, Office and Craft Division, On-Site Leased Workers of ManpowerWausau, WIAugust 31, 2009.
74,585Georgia-Pacific Wood Products LLCGrenada, MSAugust 26, 2009.
74,606Watson Laboratories, Inc., Watson Pharmaceuticals, Danbury Pharmacal, Leased Workers Adecco StaffingCarmel, NYSeptember 3, 2009.
74,621Burgess-Norton Manufacturing Company, Inc., Leased Workers from Selectremedy and ManpowerClaremore, OKSeptember 10, 2009.
74,657STMicroelectronics, IncPhoenix, AZOctober 31, 2010.

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
72,947Supreme Foam, IncArchdale, NCNovember 17, 2008.
74,425Douglas Corporation, Leased Workers Masterson Personnel, Just in Case, etcEden Prairie, MNJuly 22, 2009.
74,471Alumax Service Center, Division of SAPA Extrusions, Leased Workers of Manpower TemporaryRiverside, MOJuly 15, 2009.
74,592Interstate Electronics Corp., L-3 Communications, Leased Workers of Bently Global Resources, etcAnaheim, CAAugust 31, 2009.
74,600Lear CorporationLouisville, KYSeptember 3, 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
74,569Titus Transportation, LPDenton, TXAugust 24, 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 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
73,846AT&T Operations, Inc., Network Management CenterBoulder, CO
74,191Pennsylvania Railcar—Plant #2, dba Railcar Services CompanyWest Middlesex, PA
74,506Acxiom CDC CorporationChicago, IL

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.Start Printed Page 63512

TA-W No.Subject firmLocationImpact date
74,564Ally Financial Incorporated, Motor Acceptance Corp. (GMAC), Auctioneering Unit, Darlington Auto AuctionDarlington, SC

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
72,765Mount Vernon Consulting, LLC, Workers' Wages Were Reported Under 14 W. Administrative Services, Agora, IncBaltimore, MD
73,395Roddie Trucking, LLC, SWR, Inc.San Angelo, TX
73,972Saint Barnabas Health Care System, Patient Accounting Dept., Leased Workers, Liberty and TritechOcean Port, NJ
74,040Cemex Construction Materials Atlantic, LLC, Wampum Cement PlantWampum, PA
74,136Parker Paint CompanyBeaverton, OR
74,320United Steelworkers Local 746LTyler, TX
74,528United Auto Workers Local 2166, UAWShreveport, LA

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
74,248EDS, an HP Company (Re-Branded as HP—Enterprise Services), Virtual Workers Across the United StatesPalo Alto, CA
74,343JohnsonDiverseySanta Cruz, 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
74,603Thermo EGS Gauging, Inc., Field Service EngineersWilmington, MA

I hereby certify that the aforementioned determinations were issued during the period of September 27, 2010 through October 1, 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: October 8, 2010.

Elliott S. Kushner,

Certifying Officer, Division of Trade Adjustment Assistance.

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[FR Doc. 2010-26014 Filed 10-14-10; 8:45 am]

BILLING CODE 4510-FN-P