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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 January 24, 2011 through January 28, 2011.

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 Start Printed Page 7586separated, 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
74,169Teco-Westinghouse Motor Company, Teco Holdings USA, Inc.; Leased Workers from HT Staffing, Manpower, etcRound Rock, TXMay 27, 2009.
74,174Wiza Industries, IncMuskego, WIJune 1, 2009.
74,324Kinetic Enterprise, DBA Triem Electric MotorsMebane, NCJune 22, 2009.
74,571Alpine Custom Shutters, IncEnglewood, COAugust 18, 2009.
74,659Clear Pine Mouldings, Inc., Contact Holding CompanyPrineville, ORMarch 1, 2010.
74,659ALeased Workers from Mid Oregon Personnel Service, Working On-Site at Clear Pine Mouldings, IncPrineville, ORSeptember 21, 2009.
74,719Forrest City Machine Works, IncForrest City, AROctober 12, 2009.
74,869Chestnut Ridge Group, LLLP, I.C. Supermarkets, Inc.; Leased Workers The Callos Companies and Account TempsLatrobe, PANovember 4, 2009.
74,959Herskovits Corporation, DBA Elram CorporationFall River, MANovember 23, 2009.
75,079Thomasville Furniture Industries, Inc., Furniture Brands International, Leased Workers from Manpower, IncAppomattox, VAJanuary 14, 2011.

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.Start Printed Page 7587

TA-W No.Subject firmLocationImpact date
74,658Broadview NetworksQuincy, MASeptember 21, 2009.
74,798Hewlett Packard Company, Technology Support Group; Including Virtual Workers Reporting to this LocationFarmington Hills, MIOctober 8, 2009.
74,871International Business Machines (IBM), Global Technology Services Delivery Division; Production Control, etcOklahoma City, OKNovember 12, 2009.
74,903Time Insurance Company (Assurant Health), IT; Leased Workers from CapgemeniMiami, FLNovember 18, 2009.
74,975Digital River Education Services, Inc., Digital River, Inc.; Leased Workers of Serenity Staffing, Accountemps, etcAustin and Dallas, TXDecember 7, 2009.
74,992SuperMedia, LLC, Quality Assurance Software Testing Division; Leased Workers Advantage, etcD/FW Airport, TXDecember 13, 2009.
75,016Faurecia, Emissions Control Technologies DivisionDexter, MOFebruary 6, 2011.
75,057Allstate Insurance Company, Technology and Operations Infrastructure Services; Leased Workers UST; etcIrving, TXDecember 29, 2009.
75,073Thomson Reuters, Healthcare and Science Division; Leased Workers from AdeccoPhiladelphia, PAJanuary 6, 2010.
75,087International Business Machines (IBM), Integrated Technology, Storage Management, TeleworkersGlendale, San Jose, and San Ramon, CADecember 22, 2009.
75,087AInternational Business Machines (IBM), Integrated Technology, Storage Management, TeleworkersSmyrna, GADecember 22, 2009.
75,087BInternational Business Machines (IBM), Integrated Technology, Storage Management, TeleworkersDes Moines, IADecember 22, 2009.
75,087CInternational Business Machines (IBM), Integrated Technology, Storage Management, TeleworkersBethesda, MDDecember 22, 2009.
75,087DInternational Business Machines (IBM), Integrated Technology, Storage Management, TeleworkersCharlotte, NCDecember 22, 2009.
75,089Startek USA, IncAlexandria, LAJanuary 10, 2010.
75,117Acuity Brands Lighting, Inc., Acuity Brands, Inc.; Leased Workers Express Employment Professionals, etcAustin, TXJanuary 18, 2010.
75,124Imation Corporation, Leased Workers of Express Employment ProfessionalsWeatherford, OKJanuary 19, 2010.
75,132NIOXIN Research Laboratories, Inc., Proctor & Gamble; Leased Workers Selectsource Staffing, etcLithia Springs, GADecember 31, 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
74,260XPEDX, International Paper Company; Leased Workers from ManpowerLivonia, MIMay 26, 2009.
75,013Cable Consultants, Inc., d/b/a Black Box Network Services, On Site At Hewlett Packard, Tek SystemsCorvallis, ORNovember 12, 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
74,666Goodyear, Wingfoot Commercial TirePortland, ORJune 25, 2008.

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
74,956Riverside Furniture Company, Retail Store DivisionRogers, AR
74,956ARiverside Furniture Company, Retail Store DivisionNorth Little Rock, AR
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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
74,653Unicare, WellPoint, IncPlano, TX
74,733Xpedite Systems, LLC, Easylink Services International CorporationDeerfield Beach, FL
74,870International Business Machines (IBM), Global Technology Services, SSO Band Support Capital OnePlano, TX

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
75,046Macsteel Service Centers USALiverpool, NY

The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 CFR 90.11. Every petition filed by workers must be signed by at least three individuals of the petitioning worker group. Petitioners separated more than one year prior to the date of the petition cannot be covered under a certification of a petition under Section 223(b), and therefore, may not be part of a petitioning worker group. For one or more of these reasons, these petitions were deemed invalid.

TA-W No.Subject firmLocationImpact date
75,098IBMResearch Triangle Park, NC

I hereby certify that the aforementioned determinations were issued during the period of January 24, 2011 through January 28, 2011. 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: February 2, 2011.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

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[FR Doc. 2011-2964 Filed 2-9-11; 8:45 am]

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