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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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This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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 February 6, 2012 through February 10, 2012.

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
80,522L.A. Darling Company LLC, Major Metals DivisionParagould, AROctober 14, 2010.
81,062Thomasville Furniture Industries, Inc., Furniture Brands Intl, Corporate Office, Manpower, Ajilon Staffing, etcThomasville, NCFebruary 13, 2010.
81,182GFF Holding CompanySoperton, GAFebruary 13, 2010.
81,182AGFF Holding CompanyLaGrange, GAFebruary 13, 2010.
81,201EuroLeather, IncNewton, NCFebruary 13, 2010.
81,218Ballantyne Strong, Inc., Corporate Division, Aerotek, Remedy Staffing and TMI ManagemetOmaha, NEFebruary 13, 2010.
81,225Adecco Engineering and Technical, Idaho Technical Center, Hewlett-Packard CompanyBoise, IDFebruary 13, 2010.
81,251Isaacson Structural Steel, IncBerlin, NHFebruary 13, 2010.
81,251AIsaacson Structural Steel, IncBerlin, NHFebruary 13, 2010.
81,304Bristol Compressors International, Inc., Bright ServicesBristol, VAFebruary 7, 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.

TA-W No.Subject firmLocationImpact date
81,023Hanet Plastics USA, Inc., Butternut PlacementPlattsburgh, NYFebruary 13, 2010.
81,038Ford Motor Company, Twin Cities Assembly Plant, Vehicle Operations DivisionSt. Paul, MNFebruary 13, 2010.
81,083John Crane, Inc., Business Information Services Division, Smiths Group PLCMorton Grove, ILFebruary 13, 2010.
81,223Genband US, LLC, Genband Holdings, A2 Research & Development Division, Including All RemotePlano, TXFebruary 13, 2010.
81,243Goodrich Lighting Systems, Inc., Goodrick Corporation, Apex, Adecco, Alliance Workforce, etcOldsmar, FLFebruary 13, 2010.
81,250Schneider Electric, U.S.A., Power Business Unit, Power Solutions, Volt Workforces SolutionsLaVergne, TNFebruary 13, 2010.
81,263Chartis Global Services, Inc., Regional Service Center, Chartis, IncHouston, TXJanuary 18, 2011.
81,265Seagate US LLC, Shrewsbury DivisionShrewsbury, MAMarch 6, 2011.
81,279Springs Window Fashions, LLC, Including Leased Workers: Keystone Staffing, Aerotek StaffingMontgomery, PAFebruary 27, 2012.
81,296Pentair Water Filtration Indiana, LLC, Water Purification Division, ManpowerMonticello, INFebruary 3, 2011.

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
80,508LD Commodities Services LLC, Stateline WarehouseRidgeway, VAOctober 7, 2010.
81,033Tower Automotive, L.L.C., WeststaffBellevue, OHFebruary 13, 2010.
81,035Dell USA LP, Global Platform Services GroupRound Rock, TXFebruary 13, 2010.
81,156Schott Gemtron, Hometech and Flat Glass DivisionsVincennes, INFebruary 6, 2011.
81,156ALeased Workers from Select Remedy, Working On-Site at Schott GemtronVincennes, INFebruary 13, 2010.
81,255Oakley Sub Assembly, Inc., Oakley Industries Sub Assembly, Jean Simpson Personnel ServicesShreveport, LAJanuary 13, 2011.

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)(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
81,071II-VI Incorporated, Infrared Optics-Saxonburg DivisionSaxonburg, PA.
81,086The Flexaust Co., Inc., Encore Staffing and InstaffEl Paso, TX.

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
80,438LabWest, Inc., Laboratory Corporation of America HoldingSanta Ana, CA.
80,449Marfred IndustriesHayward, CA.
81,066ConocoPhillips Company, Trainer RefineryTrainer, PA.
81,098Universal Handling Equipment Company, Inc., Davrond CorporationOwosso, MI.
81,145Sunoco, Inc. R & M, Refining DivisionMarcus Hook, PA.
81,145ASunoco, Inc., 10 Industrial Highway, MS4 Building GLester, PA.
81,245Interlake Mecalux, IncSumter, SC.

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
81,227Dell Financial Services (DFS)Austin, TX.
81,257World of Flowers, IncOxford, AL.

The following determinations terminating investigations were issued because the Department issued a negative determination on petitions related to the relevant investigation period applicable to the same worker group. The duplicative petitions did not present new information or a change in circumstances that would result in a reversal of the Department's previous negative determination, and therefore, further investigation would duplicate efforts and serve no purpose.

TA-W No.Subject firmLocationImpact date
81,273Sunoco, Inc., 10 Industrial Highway, MS4, Building GLester, PA.

I hereby certify that the aforementioned determinations were issued during the period of February 6, 2012 through February 10, 2012. These determinations are available on the Department's Web site 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: February 14, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2012-4577 Filed 2-27-12; 8:45 am]

BILLING CODE 4510-FN-P