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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 19, 2011 through December 30, 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 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
80,405Schweizer Aircraft Corporation, Sikorsky Aircraft, dba Sikorsky Military Completion, Adecco, Aerotek, etcHorseheads, NYAugust 30, 2010.
80,413Flextronics, Flextronics International, Global Services Division, AerotekLouisville, KYDecember 9, 2011.
80,425Portage Mold and Die CoRavenna, OHSeptember 8, 2010.
80,483American Apparel, IncGarden Grove, CASeptember 29, 2010.
80,493Molded Fiber Glass Companies Texas, Class 8 Truck Roof DivisionGainesville, TXOctober 4, 2010.
81,004Pace American Enterprises, IncMcGregor, TXFebruary 13, 2010.
81,004APace American Enterprises, IncMiddlebury, INFebruary 13, 2010.
81,004BPace American Enterprises, IncFitzgerald, GAFebruary 13, 2010.
81,004CPace American Enterprises, IncLebanon, ORFebruary 13, 2010.
81,004DPace American Enterprises, IncHurricane, UTFebruary 13, 2010.
81,009Birds Eye Foods, LLC, Fulton, NY Plant, Pinnacle Foods Group LLC, W L Staff Svces., IncFulton, NYFebruary 13, 2010.
81,010Velsicol Chemical LLCMemphis, TNFebruary 13, 2010.
81,050Fenton Gift Shops, IncWilliamstown, WVFebruary 13, 2010.
81,050AFenton Gift Shops, IncSutton, WVFebruary 13, 2010.
81,087Burlington Basket CompanyWest Burlington, IAFebruary 13, 2010.
81,115The Rupp Forge CompanyCleveland, OHFebruary 13, 2010.
81,131Topsail Coast Enterprises, IncSurf City, NCFebruary 13, 2010.
81,136Michelin North America, Inc., BF Goodrich Tire Manufacturing DivisionOpelika, ALJune 26, 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
80,409Bosch Security Systems, Inc., Robert Bosch N.ALancaster, PAFebruary 13, 2010.
80,523Siemens Water Technologies, Spherion CorporationVineland, NJOctober 14, 2010.
81,007A. Schulman, On-Site Leased Workers From ManpowerNashville, TNFebruary 13, 2010.
81,036Fair-Rite Products CorpFlat Rock, ILFebruary 13, 2010.
81,036AFair-Rite Products CorpWallkill, NYFebruary 13, 2010.
81,037Emerson Power Transmission, On-Site Leased Workers from Nesco ServicesMaysville, KYFebruary 13, 2010.
81,037AEmerson Power Transmission, On-Site Leased Workers from Nesco ServicesMaysville, KYFebruary 13, 2010.
81,043Outcomes Health Information Solutions, LLCAlbuquerque, NMFebruary 13, 2010.
81,052Mohawk Fine Paper, Beckett Mill Division, Prestige Technical ServicesHamilton, OHFebruary 13, 2010.
81,074Radia Inc., P.S., Business Services DivisionEverett, WAFebruary 13, 2010.
81,100Checkpoint Caribbean, Ltd., Checkpoint Systems, Personnel Recruiting ServicesPonce, PRFebruary 13, 2010.
81,107New United Motor Manufacturing, Inc. (NUMMI), Joint Venture of General Motors Corporation & Toyota Motor CorporationFreemont, CANovember 20, 2011.
81,110Meggitt Aircraft Braking Systems Corporation, Meggitt PLCAkron, OHFebruary 13, 2010.
81,110AKelly Services, Working On-Site Meggitt Aircraft Braking Systems CorporationAkron, OHFebruary 13, 2010.
81,119Federal-Mogul, Wiper Products DivisionMichigan City, INJanuary 23, 2012.
81,119AExpress Employment Working On-Site at Federal-MogulMichigan City, INFebruary 13, 2010.
81,142Jeunique International, IncSanta Fe Springs, CAFebruary 13, 2010.
81,160Kardex Production USA, Inc., Kardex AGLewistown, PAFebruary 13, 2010.
81,163Smith Jones, Inc., D.B.A. Midwest Manufacturing CompanyStanberry, MOFebruary 13, 2011.
81,164BAE Systems Controls, Inc., Electronic Systems DivisionIrving, TXDecember 8, 2011.
81,165Cengage Learning, Manufacturing Buyers' Department, Adecco, Ajilon and BrooksourceMason, OHFebruary 13, 2010.
81,165ACengage Learning, Manufacturing Buyers' DepartmentBelmont, CAFebruary 13, 2010.
81,169Ikano Communications, Inc. DBA DSL Extreme, Customer Service DepartmentChatsworth, CAFebruary 13, 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
81,016Smart Papers Holdings LLC, Plainfield Paper Holdings LLCHamilton, OHFebruary 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 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
80,529Wheatland Tube CompanySharon, PA.

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.

TA-W No.Subject firmLocationImpact date
80,421Geiger International, A Subsidiary of Herman MillerLake Mills, WI.

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
80,414Equistar Chemicals, LP, A Subsidiary of Lyondell Chemical CoCincinnati, OH.
80,446GoldToeMoretz, LLC, A Subsidiary of GTB Holding LLCNewton, NC.
80,493AMolded Fiber Glass Companies Texas, Wind Turbine Blade DivisionGainesville, TX.
80,512Pilgrim's Pride CorporationDallas, TX

I hereby certify that the aforementioned determinations were issued during the period of December 19, 2011 through December 30, 2011. These determinations are available on the Department's Web site at tradeact/taa/taa search form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at (888) 365-6822.

Dated: January 5, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2012-436 Filed 1-11-12; 8:45 am]

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