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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 April 23, 2012 through April 27, 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
81,180Sagoma Technologies, A Subsidiary of PTG LLCBiddeford, MEFebruary 13, 2010.
81,432G4 Products, LLC, G4 Holdings, Inc., OSW and Maine Staffing GroupLewiston, MEMarch 19, 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
81,341AAA Northern California, Automotive Service Delivery Division, Accounting Services, PRO UnlimitedWalnut Creek, CAFebruary 14, 2011.
81,349Alcatel-Lucent USA, Inc., D/B/A Alcatel-Lucent, Alcatel-Lucent Holdings, Hardware Supply ChainCharlotte, NCFebruary 17, 2011.
81,382Vector Engineering, Inc., D/B/A Ausenco Vector, Finance and Accounting TeamGrass Valley, CAFebruary 28, 2011.
81,449RR Donnelley, A Subsidiary of RR Donnelley & Sons CompanyGlen Mills, PAMarch 22, 2011.
81,453Crawford & Company, ICT Help DeskLake Zurich, ILMarch 23, 2011.
81,453ACrawford & Company, ICT Help DeskAtlanta, GAMarch 23, 2011.
81,453BCrawford & Company, ICT Help DeskSunrise, FLMarch 23, 2011.
81,459International Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionDallas, TXMarch 29, 2011.
81,459AInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionAgoura Hills, CAMarch 29, 2011.
81,459BInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionAlbuquerque, NMMarch 29, 2011.
81,459CInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionAtlanta, GAMarch 29, 2011.
81,459DInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionAustin, TXMarch 29, 2011.
81,459EInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionBoulder, COMarch 29, 2011.
81,459FInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionChattanooga, TNMarch 29, 2011.
81,459GInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionDenver, COMarch 29, 2011.
81,459HInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionHazelwood, MOMarch 29, 2011.
81,459IInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionLexington, KYMarch 29, 2011.
81,459JInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionPortage, MIMarch 29, 2011.
81,459KInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionPoughkeepsie, NYMarch 29, 2011.
81,459LInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionGaryville, LAMarch 29, 2011.
81,459MInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionRochester, NYMarch 29, 2011.
81,459NInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionSan Jose, CAMarch 29, 2011.
81,459OInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionSmyrna, GAMarch 29, 2011.
81,459PInternational Business Machines (IBM), Problem, Change & Recovery Management, 07 Service Delivery DivisionSouthbury, CTMarch 29, 2011.
81,481Quest Enterprises, Inc., Viking Life-Saving EquipmentWalsenburg, COApril 5, 2011.
81,495XIUS Corporation, f/k/a Cellular Express, IncWoburn, MAApril 11, 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
81,436Hewlett Packard Enterprise Services, General Motors Shreveport Assembly Account, Radiant SystemsShreveport, LAMarch 15, 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
81,411Franklin Building Materials, LLPEl 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
81,376Stanley Black and Decker, Construction & DIY, Retail Specialists/Sales, Located in Several StatesTowson, MD.
81,410Alpha Warehouse, Inc., D/B/A Auto ValueEl Paso, TX.
81,412Kraft Foods Global, Inc., Oscar Mayer DivisionCoshocton, OH.

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
81,526Philips Healthcare/RespironicsMurrysville, PA.

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
81,488StarTek USA, Inc.Greeley, CO.

I hereby certify that the aforementioned determinations were issued during the period of April 23, 2012 through April 27, 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: May 3, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2012-11899 Filed 5-16-12; 8:45 am]

BILLING CODE 4510-FN-P