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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 April 30, 2012 through May 4, 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)(B) (shift in production or services) of the Trade Act have been met.

TA-W No.Subject firmLocationImpact date
81,384MTD Consumer Group, Inc., Industrial Plastics Division, MTD Products, Inc., AmeritempsValley City, OHMarch 2, 2011.
81,445Worley Parsons, Worley Parsons Corporation, Gas Unlimited and The Mergis Group, etcPasadena, TXMarch 22, 2011.
81,457Shaw's Supermarket, Supervalu, Inc., Accounts Payable DepartmentWest Bridgewater, MAJanuary 16, 2012.
81,466Gates Corporation, Tomkins Ltd., Industrial and Automotive Group, ManpowerCharleston, MOMarch 29, 2011.
81,468Acuity Brands Lighting, Inc., Sizemore Staffing Leased WorkersCochran, GAMay 1, 2012.
81,468ARandstad Staffing, Working On-Site at Acuity Brands Lighting, IncCochran, GAMarch 30, 2011.
81,478Supermedia, LLC, Supermedia, Inc., Information Technology DivisionMiddleton, MAMarch 29, 2011.
81,483EMD Millipore Corporation, EMD Chemicals Division, Merck KGAA, Greentree, Ajilen and EMD Temps, etcGibbstown, NJApril 15, 2012.
81,483AGloucester County Maintenance and Securities Security Services, EMD Millipore Corp., EMD Chemicals Division, Merck KGAAGibbstown, NJMarch 6, 2011.
81,497Eastman Kodak Company, Color Paper Testing LabRochester, NYApril 11, 2011.
81,517Lane Furniture Industries, Inc., Technical Support IT Group, Yash & Prozgroup, Furniture Brands Int'lTupelo, MSApril 4, 2011.
81,524FT Material Solutions, Inc., Aerotek, UI Wages Were Reported Through Ferrotec, etcFairview, ORApril 17, 2011.
81,540Rock Creek Athletics, Inc., 203 6th Avenue West, Neff Motivation, IncGrinnell, IAApril 24, 2011.
81,540ARock Creek Athletics, Inc., 727 6th Avenue West, Neff Motivation, IncGrinnell, IAApril 24, 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
81,489Swift Spinning, Inc., East Columbus Plant, Swift Spinning, LLCColumbus, GAApril 6, 2011.
81,489ASwift Spinning, Inc., CYD Plant, Swift Spinning, LLCColumbus, GAApril 6, 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 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
81,493Wynn Oil Company, ITW, Leased Workers from Select StaffingAzusa, CA

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
81,355Sanmina—SCI, Medical DivisionHuntsville, AL

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
81,314Northwest Hardwoods, Inc., On-Site Leased Workers of ManpowerTacoma, WA
81,317Dana Holding Corporation, Power Technologies Group Division, ManpowerMilwaukee, WI
81,346Epicor Software CorporationIrvine, CA
81,357Tri-Fab Associates, IncFremont, CA
81,460Brown Shoe Company, IncSikeston, MO

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 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
81,378II-VI, Inc., Infrared Optics-Saxonburg DivisionSaxonburg, PA

The following determinations terminating investigations were issued because the petitions are the subject of ongoing investigations under petitions filed earlier covering the same petitioners.

TA-W No.Subject firmLocationImpact date
81,530Allied Tube & ConduitMorrisville, PA

I hereby certify that the aforementioned determinations were issued during the period of April 30, 2012 through May 4, 2012. These determinations are available on the Department's Web site tradeact/taa/taa searchform.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.

Dated: May 11, 2012.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

Editorial Note:

This document was received at the Office of the Federal Register on Friday, October 12, 2012.

[FR Doc. 2012-25526 Filed 10-16-12; 8:45 am]

BILLING CODE 4510-FN-P