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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 January 28, 2013 through February 1, 2013.

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);Start Printed Page 11228

(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
81,855VMC Consulting, VMC Division, Volt Information Sciences, Volt Workforce SolutionsRedmond, WAAugust 3, 2011.
82,219TeleTech Services Corporation, HP Notebook Tech Support, TeleTech Holdings, IncSpringfield, MODecember 5, 2011.
82,251Cooper Hosiery Mill, IncFort Payne, ALDecember 30, 2012.
82,252Heritage Footwear IncFort Payne, ALDecember 12, 2011.
82,260H.B. Smith Company, Inc (The)Westfield, MAJuly 22, 2012.
82,268Red Wing Shoe Company, IncDanville, KYApril 29, 2012.

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
82,021CyberdefenderLos Angeles, CASeptember 27, 2011.
82,160Redman Card Clothing Co., Inc.Andover, MANovember 15, 2011.
82,236CVPH Medical CenterPlattsburgh, NYDecember 11, 2011.
82,239Hewlett Packard Enterprise Services, LLC, Technical/Enterprise Services Division, SAIT ServicesSanta Monica, CADecember 10, 2011.
82,250YP Western Directory LLC, Anaheim California Div., Publishing Operation, YP Western Holding YP AdvertisingAnaheim, CADecember 12, 2011.
82,257Harley-Davidson Motor Company, Global Information ServicesMilwaukee, WIDecember 14, 2011.
82,257AHarley-Davidson Motor Company, Global Information ServicesKansas City, MODecember 14, 2011.
82,257BHarley-Davidson Motor Company, Global Information ServicesDoral, FLDecember 14, 2011.
82,257CHarley-Davidson Motor Company, Global Information ServicesWauwatosa, WIDecember 14, 2011.
82,257DHarley-Davidson Motor Company, Global Information ServicesMenomonee Falls, WIDecember 14, 2011.
82,257EHarley-Davidson Motor Company, Global Information ServicesTomahawk, WIDecember 14, 2011.
82,257FHarley-Davidson Motor Company, Global Information ServicesYork, PADecember 14, 2011.
82,257GHarley-Davidson Financial Services, Inc., Global Information ServicesChicago, ILDecember 14, 2011.
82,257HHarley-Davidson Financial Services, Inc., Global Information ServicesCarson City, NVDecember 14, 2011.
82,257IHarley-Davidson Financial Services, Inc., Global Information ServicesPlano, TXDecember 14, 2011.
82,259YP Texas Region Yellow Pages LLC, St. Louis Missouri Div., Publishing Operations, YP Texas Region AdvertisingSt. Louis, MODecember 14, 2011.
82,275Delphi Automotive Systems, LLC, Products and Service Solutions Div., Original Equipment, Bartech WorkforceKokomo, INDecember 18, 2011.
82,283Reckitt Benckiser, LLC, Guidant Group, Link Staffing, Raleys Superior CleaningFort Worth, TXDecember 19, 2011.
82,291Independent Record, Creative Department, Lee Enterprises, IncHelena, MTDecember 26, 2011.
82,291AMontana Standard, Creative Department, Lee Enterprises, IncButte, MTDecember 26, 2011.
82,325TE Connectivity, Kelly Services, Adecco and Precision Parts SystemsGreensboro, NCDecember 11, 2011.
82,328Cequent Performance Products, Inc., TriMas Corporation, Pro ResourcesHuntington, INJanuary 8, 2012.
82,333West Business Solutions, LLC, West CorporationTulsa, OKDecember 14, 2011.
82,354Federal-Mogul Powertrain, Inc., Federal-Mogul CorporationLake City, MNJanuary 17, 2012.

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.Start Printed Page 11229

TA-W No.Subject firmLocationImpact date
82,285U.S. Steel Tubular Products, Inc., McKeesport Tubular Operations Div., United States Steel Corp.McKeesport, PAMarch 3, 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
82,316Donald Nell dba WholesalersCudahy, 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
82,159Home Dynamix, LLCMoonachie, NJ.
82,245Filmtec CorporationEdina, MN

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
82,198American Foils, IncNew Brunswick, NJ.

I hereby certify that the aforementioned determinations were issued during the period of January 28, 2013 through February 1, 2013. 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.

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Dated: February 5, 2013.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance .

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[FR Doc. 2013-03539 Filed 2-14-13; 8:45 am]

BILLING CODE 4510-FN-P