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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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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 December 12, 2011 through December 16, 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 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 Start Printed Page 81988are 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
80,418Invista S.A.R.L., Mundy Maintenance Services and OperationsWaynesboro, VAFebruary 20, 2011.
80,418ASecurity Forces, Inc. (SFI), Working on-Site at Invista S.A.R.LWaynesboro, VASeptember 6, 2010.
80,451Dillan Chenille, Inc.Martinsville, VASeptember 19, 2010.
80,463Clow Water Systems Company, Carol Harris StaffingCoshocton, OHSeptember 23, 2010.
80,479Excelsior Services Group, Pinnacle Technical Resources, Working On-Site at CognizantFort Worth, TXSeptember 28, 2010.
80,497Southwoods, LLC, American Forest Products Division, Roper PersonnelManning, SCOctober 6, 2010.
80,520Positronic Industries, Inc., PenmacMount Vernon, MOOctober 13, 2010.
80,520APositronic Industries, Inc., PenmacSpringfield, MOOctober 13, 2010.
80,528Timbron International, Inc.Stockton, CAOctober 17, 2010.
81,011Cyberdyne, Inc.New Eagle, PAFebruary 13, 2010.
81,031Ultrablend, LLC, Ambassador Personnel ServicesCharlotte, NCFebruary 13, 2010.
81,097Kimberly-Clark Worldwide, Inc., Kimberly-Clark Corp., Injury Free Inc., Ventilation Power Cleaning, etcEverett, WAFebruary 13, 2010.

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
80,429Kennametal, Inc., Kennametal Finance OrganizationLatrobe, PAJune 18, 2011.
80,429AKelly Services, Working of Site at Kennametal, Inc., Kennametal Finance OrganizationLatrobe, PASeptember 9, 2010.
80,453Seroyal USA, Inc, Atrium Biotech Investments, Inc., HVL LLCRedmond, WASeptember 20, 2010.
80,492RockTenn, Consumer Packaging Division, Custom Staffing NationalMilwaukee, WIOctober 4, 2010.
80,498InterMetro Industries Corporation, Emerson Electric, Custom StaffingFostoria, OHOctober 5, 2010.
80,501TT Electronics, International Resistive Company, Inc.Boone, NCOctober 10, 2010.
80,504BASF Corporation, Coatings DivisionBelvidere, NJDecember 23, 2011.
80,504ALeased Workers from Nextsource, Working On-Site at BASF Corporation, Coatings DivisionBelvidere, NJOctober 11, 2010.
80,527MAHLE Engine Components USA, Inc., MAHLE Industries, Inc., Hamilton Connections and Monroe StaffingTrumbull, CTOctober 17, 2010.
81,001Freeman Metal Products, Inc.Ahoskie, NCFebruary 13, 2010.
81,005Terex USA, LLC, Powertemp Services, Express Pesonnel and ManpowerWilmington, NCFebruary 13, 2010.
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81,058Warren Corporation, Textile Apparel DivisionsStafford Springs, CTDecember 4, 2011.
81,064VTech Communications, Inc., Express and Kelly ITBeaverton, ORFebruary 13, 2010.
81,070CVG CS LLC, Seating Division, including on-site leased workers from StaffmarkTellico Plains, TNFebruary 13, 2010.
81,076Amphenol Aerospace Corporation, Superior Technical Resource, Staffworks, Adecco and ManpowerSidney, NYFebruary 13, 2010.
81,080The Travelers Indemnity Company, Personal Insurance Division, Tele-Workers to this LocationGlens Falls, NYFebruary 13, 2010.
81,085Western United Life Assurance Company, Global Life Holdings, LLC, Insurance Administration, etcSpokane, WAFebruary 13, 2010.
81,091Sperian Protection Instrumentation LLC, Honeywell International, Spherion Staffing Services, Manpower, etcMiddletown, CTFebruary 13, 2010.
81,095Sanyo Manufacturing Corporation, Sanyo Electric Division, Panasonic CorporationForrest City, ARDecember 31, 2011.
81,095ALeased Workers From G4S (Wackenhut) and Ozark Motor Lines, Working On-Site at Sanyo Manufacturing CorporationForrest City, ARFebruary 13, 2010.
81,099Brake Parts, Inc., Brake and Chassis Division, Affinia Group, Nicolet StaffingWaupaca, WIFebruary 13, 2010.
81,103Kerry, Inc., Kerry Holding Co., Express Personnel, Aerotek and Command StaffingKent, WAFebruary 13, 2010.
81,108Mayville Products Corporation, QPS Employment GroupMayville, WIFebruary 13, 2010.
81,111Ametek National Controls Corporation, Instrumentation and Specialty, Ametek, Staff Force and ManpowerWest Chicago, ILOctober 9, 2011.
81,111AFirst Choice Staffing, Ametek National Controls, Instrumentation and Specialty Controls DivisionWest Chicago, ILFebruary 13, 2010.
81,123Dana Holding Corporation, Light Vehicle Division, Manpower and ExperisMarion, INJune 10, 2010.
81,123ALeased Workers From Experis, Working On-Site at Dana Holding CorporationMarion, INFebruary 13, 2010.

The following certifications have been issued. The requirements of Section 222(b) (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
80,517A.G. Simpson (USA), Inc., Shreveport Plant, Career AdventuresShreveport, LAOctober 13, 2010.
80,521Billhorn Converters, LLC, Northweat Division, Express EmploymentKalama, WAOctober 12, 2010.
80,531PPG Industries, Inc., Automotive Coatings, Belcan and Aerotek, Working On-Site at General MotorsShreveport, LAOctober 18, 2010.
81,008Lintelle Engineering, Inc., Kelly ServicesScotts Valley, CAFebruary 13, 2010.
81,121Third Degree GraphicsVentura, CAFebruary 13, 2010.

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
80,347Pension Systems CorporationSherman Oaks, CA.
80,352Penske Logistics, LLC,, General Electric/Penske, El Paso Distribution, Warehouse DivisionEl Paso, TX.
80,447Dell USA LP, Dell, Inc., Support for Internal Services/Financial, Applications, etc.Round Rock, TX.
80,476Wells Fargo Bank, N.A., Auto Finance Collections GroupBethlehem, PA.
80,511Specialty Bar Products Company, Doncasters, Inc.Blairsville, PA.
80,533Champion PhotochemistryRochester, NY.
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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 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
81,148Wells FargoSan Francisco, CA.

I hereby certify that the aforementioned determinations were issued during the period of December 12, 2011 through December 16, 2011. These determinations are available on the Department's Web site at tradeact_taa/taa_search_form.cfm under searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at (888) 365-6822.

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Dated: December 20, 2011.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

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[FR Doc. 2011-33327 Filed 12-28-11; 8:45 am]

BILLING CODE 4510-FN-P