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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 November 5, 2012 through November 9, 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
81,892Basileus CompanyManlius, NYAugust 14, 2011.
81,937Clearon Corporation, ICL-IP Division, ICL (Israel Chemicals Limited)South Charleston, WVSeptember 4, 2011.
81,944JMC Steel Group, Wheatland Tube CompanyWheatland, PASeptember 5, 2011.
81,944AJMC Steel Group, Wheatland Tube CompanySharon, PASeptember 5, 2011.
81,956Exide Technologies, Transportation DivisionBristol, TNSeptember 7, 2011.
82,000Parker Hannifin Corporation, Racor Division, Aerotek and Ambassador PersonnelBeaufort, SCSeptember 24, 2011.
82,026FesslerUSAOrwigsburg, PAOctober 1, 2011.
82,026ASew Mohr, An Affiliate of FesslerUSAReading, PAOctober 1, 2011.
82,026BKey Manufacturing Textiles, Inc., An Affiliate of FesslerUSAAllentown, PAOctober 1, 2011.
82,027GreenVolts, Inc., Snap Design, Appsun, Delta General Corporation, etcFremont, CAOctober 1, 2011.
82,043Advantage Transcription ServicesValencia, CASeptember 27, 2011.
82,084Greene Brothers Furniture CompanyNorth Wilkesboro, NCSeptember 20, 2011.
82,117Simple Way Limited Partnership, Doing Business as The Rosary ShopMcMinnville, OROctober 31, 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
81,839Swisher International, Inc., SpherionJacksonville, FLJuly 31, 2011.
81,967OMCO Machining Concepts, IncWinchester, INAugust 13, 2011.
81,988Georgia-Pacific Consumer Products LP, Day Street Location, Georgia-Pacific, Encadria StaffingGreen Bay, WIJuly 13, 2012.
82,060Rolls-Royce Energy Systems, Inc., Rolls-Royce Holdings PLC, Belcan Staffing SolutionsMount Vernon, OHSeptember 26, 2011.
82,066Gatehouse Media MA I, Inc., Creative Services DivisionFramingham, MAOctober 9, 2011.
82,066AGatehouse Media MA I, Inc., Creative Services DivisionMarshfield, MAOctober 9, 2011.
82,071Covidien LP, Medical Supplies Segment, SharpSafety Division, Kelly Services, etcCommerce, TXOctober 10, 2011.
82,097Tholstrup Cheese USA IncNorton Shores, MIOctober 18, 2011.
82,101British Telecom Americas, British Telecom OperateEL Segundo, CAOctober 15, 2011.
82,102PPD Development, LLCMorrisville, NCOctober 17, 2011.
82,102APPD Development, LLCAustin, TXOctober 17, 2011.
82,106Xyratex International, Inc., Xyratex, Ltd., Manpower, IncWest Sacramento, CAOctober 22, 2011.
82,122Straits Steel and Wire Company, Wire Production Division, SSW Holding Company, IncLudington, MIOctober 31, 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
82,065Mersen USA St. Marys-PA Corporation, High Temperature Division, Mersen USA BN CorporationSt. Marys, PASeptember 24, 2011.

The following certifications have been issued. The requirements of Section 222(c) (downstream producer for a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

TA-W No.Subject firmLocationImpact date
82,030KT-Grant, Inc., RG Steel Sparrows Point, LLCExport, PASeptember 28, 2011.

The following certifications have been issued. The requirements of Section 222(f) (firms identified by the International Trade Commission) of the Trade Act have been met.

TA-W No.Subject firmLocationImpact date
82,0403V Corporation, AccustaffGeorgetown, SCMay 8, 2011.
82,041Treasure Coast Fasteners, Advantage HRFort Pierce, FLMay 8, 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
81,989Siemens Energy, Inc, Renewables (Wind Power) DivisionFort Madison, IA

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
81,740Graham Packaging Plastic Products, Inc., Graham Packaging Company, IncVandalia, IL
81,958Comair, IncErlanger, KY
81,959International Union of Operating Engineers Local 37Baltimore, MD

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
82,038Verso Paper Corporation, Securitas Security, Manpower, Banick, Beck, Bell, etcSartell, MNNovember 9, 2012.

I hereby certify that the aforementioned determinations were issued during the period of November 5, 2012 through November 9, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search firm.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.

Dated: November 14, 2012.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2012-29061 Filed 11-30-12; 8:45 am]

BILLING CODE 4510-FN-P