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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 December 13, 2010 through December 17, 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 Start Printed Page 2714eligibility 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
73,745Zumtobel Lighting, Inc., Zumtobel Ag, National Labor StrategyGarfield, NJMarch 17, 2009.
73,971Liz Palacios Designs LtdSan Francisco, CASeptember 6, 2009.
74,037Electronic Technical Services, IncAlbuquerque, NMApril 20, 2009.
74,317Irving Forest ProductsFort Kent, MEJune 17, 2009.
74,423Kennametal Extrude Hone, Kennametal, Leased Wkrs from Adecco Employment Service and Kelly ServicesIrwin, PAJuly 15, 2009.
74,625Duro Bag Manufacturing CompanyHudson, WISeptember 13, 2009.
74,676Sparton Medical Systems Corporation, Leased Workers Resource MfgFrederick, COSeptember 28, 2009.
74,698Fraser, N.H. LLC, Fraser Paper LTD., Leased Workers of Vescom CorporationGorham, NHMarch 13, 2010.
74,702Sperry and Rice Manufacturing Company, LLCKillbuck, OHOctober 4, 2009.
74,775Guardian Manufacturing Company, LLC, Paug-Vik Enterprises, IncWillard, OHOctober 21, 2009.
74,780Harvard Folding Box Company, Also Known As Ideal Box Company, Diamond StaffingLynn, MAOctober 20, 2009.
74,780AHarvard Folding Box Company, Also Known As Ideal Box Company, Encore StaffingLawrence, MAOctober 20, 2009.
74,832SK Hand Tools CorporationDefiance, OHNovember 2, 2009.
74,840Startek USA, IncGrand Junction, COOctober 12, 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
74,271BAE Systems Platform Solutions, Electrical & Mechanical Circuit, Supperior Tech, Aerotek, Ensco, RPQJohnson City, NYJune 21, 2009.
74,582ACF Industries, LLC, Workforce TempsMilton, PAAugust 31, 2009.
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74,614International Business Systems (IBM), Global Technology Services, Xcel Energy AccountDenver, COSeptember 9, 2009.
74,641Citicorp Credit Services, Inc. (USA), Citigroup Management Corp., Finance ReconciliationIrving, TXSeptember 17, 2009.
74,771Psychonomic Society, Publications OfficeAustin, TXOctober 21, 2009.
74,794Datrose, Working On-site at XeroxWebster, NYOctober 27, 2009.
74,820Clearwater Paper Corporation, Finance Division, Leased Workers from Express Temp ServicesSpokane, WAOctober 28, 2009.
74,821Hewlett Packard, Global Information Security, Virtual Workers Reporting ToTulsa, OKNovember 1, 2009.
74,852Genascis, LLC, fks Physician Management Group, Robert Half International, Legal, etcLos Angeles, CANovember 8, 2009.
74,863Neiman Marcus Group, Information Services DivisionIrving, TXNovember 10, 2009.
74,867ABB, Inc., Reliability ServicesWesterville, OHNovember 3, 2009.
74,885Haldex Brake Products Corporation, Leased Workers from ManpowerGrand Haven, MINovember 16, 2009.
74,915Lay-Z-BoySiloam Springs, ARNovember 22, 2009.
74,915ALay-Z-Boy, Working On-Site at Lay-Z-BoySiloam Springs, ARNovember 22, 2009.
74,916Philips Luminaries North America, Sparta Operations Division, Philips, Leased Workers from @WorkSparta, TNNovember 22, 2009.
74,918Henkel CorporationOlean, NYNovember 22, 2009.
74,918AHenkel Corporation, Leased Workers at Henkel CorporationOlean, NYNovember 22, 2009.
74,920Raypak, Inc., PI US HoldingsArcadia, FLNovember 22, 2009.
74,921Anthem Blue Cross and Blue Shield, Senior Medicare, Claims Rep Unit, Kelly ServicesFond Du Lac, WINovember 23, 2009.
74,934Ilpea Industries, IncFort Smith, ARNovember 29, 2009.
74,934ATEC Staffing Services, On-Site at Ilpea Industries, IncFort Smith, ARNovember 29, 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
74,857Federal Mogul Corporation, Leased Workers of AerotekSchofield, WIOctober 15, 2009.
74,910Denim North America, Leased Workers of Westaff AgencyColumbus, GANovember 12, 2009.
74,952Johnston Textiles, Inc., Micolas Plant, Johnston Acquisition, Leased Workers of Ambessador PersonnelOpp, ALDecember 1, 2009.
74,960Caraustar Custom Packaging Group, Caraustar Industries, Leased Workers from ManpowerVersailles, CTDecember 3, 2009.

The following certifications have been issued. The requirements of Section 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met.

TA-W No.Subject firmLocationImpact date
74,574Luke Paper Company, NewPage Corporation, Leased Workers from Select StaffingLuke, MDNovember 17, 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
74,312Maine Industrial Tire, LLCGorham, ME
74,816JPMorgan Chase & Co., Tresury and Securities, World Security, Transfer, Forum, Aerotek, IntegrityCincinnati, OH

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 2716

TA-W No.Subject firmLocationImpact date
73,857The Marlin Firearms Company, Inc., Remington ArmsNorth Haven, CT
74,263Sitton Motor Lines, IncJoplin, MO

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
74,670McCrorie Wood ProductsHickory, NC
74,913Sara Lee Bakery, Sara Lee CorporationBellevue, NE

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
74,011Kennametal, Inc., Leased Workers From Spherion Staffing ServicesBedford, PA
74,750HomEq ServicingRaleigh, NC
74,781Harvard Folding Box Company, Also Known As Ideal Box CompanyLawrence, MA
74,988Ingersoll Rand Company, Hussman Corporation, Climate SolutionsBridgeton, MO

I hereby certify that the aforementioned determinations were issued during the period of December 13, 2010 through December 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 Web site at http://www.doleta.gov/​tradeact under the searchable listing of determinations.

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Dated: December 21, 2010.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance .

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[FR Doc. 2011-762 Filed 1-13-11; 8:45 am]

BILLING CODE 4510-FN-P