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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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Start Preamble

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 May 6, 2013 through May 10, 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 Start Printed Page 32465or 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
82,496NewPage Corporation, Select StaffingMiamisburg, OHFebruary 22, 2012.
82,496ANewPage Wisconsin Systems, Inc., NewPage CorporationDuluth, MNFebruary 22, 2012.
82,496BNewPage Wisconsin Systems, Inc., NewPage CorporationStevens Point, WIFebruary 22, 2012.
82,496CNewPage Wisconsin Systems, Inc., NewPage Corporation, Select StaffingWisconsin Rapids, WIFebruary 22, 2012.
82,496DLuke Paper Company, NewPage Corporation, Select StaffingLuke, MDFebruary 22, 2012.
82,496ERumford Paper Company, NewPage Corporation, Select StaffingRumford, MEFebruary 22, 2012.
82,496FNewPage Wisconsin Systems, Inc., NewPage CorporationBiron, WIFebruary 22, 2012.
82,496GWickliffePaper Company, Inc., NewPage Corporation, Select StaffingWickliffe, KYFebruary 22, 2012.
82,496HEscanaba Paper Company, NewPage CorporationEscanaba, MIFebruary 22, 2012.
82,192NAVTEQ North America, LLCChicago, ILNovember 15, 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.Start Printed Page 32466

TA-W No.Subject firmLocationImpact date
82,346Whirlpool Corporation, Aerotek/Tek Systems (Subcontractor of IBM Corporation)Fort Smith, AROctober 7, 2012.
82,455First Advantage Corporation, Tapfin, Staffworks, Aerotek Professional Services, Randstad, etcSt. Petersburg, FLFebruary 11, 2012.
82,560Velux America, Inc., TVC Holdings, Inc.Greenwood, SCMarch 13, 2012.
82,571LexisNexis/Matthew Bender, A Reed Elsevier, Not Including Customer Service and Fulfillment DeptsAlbany, NYMarch 18, 2012.
82,593Matheson Tri-Gas, Inc., Taiyo Nippon Sanso, Electronics Division, Aerotek, Apple One, etcNewark, CAMarch 14, 2012.
82,610Cooper Bussmann LLC, Cooper Industries, Inc., Accounts Receivable and Credit GroupEllisville, MOMarch 20, 2012.
82,631Humana Insurance Company, Carenetwork, Inc., ASO Finance GroupDe Pere, WIApril 4, 2012.
82,658SunTrust Bank, Enterprise Information Services, MDI Group, Teksystems, Insight GlobalRichmond, VAApril 12, 2012.
82,665William Arthur, Inc., ManpowerWest Kennebunk, MEApril 17, 2012.
82,682Aclara Technologies LLC, Esco Technologies, Integrity Staffing, Manpower, etcSolon, OHApril 22, 2012.
82,692ADP Workscape, Inc., ADP Inc., AerotekMeridian, IDApril 24, 2012.
82,693Dresser Masoneilan Massachusetts Operation, An Effiliate of General ElectricAvon, MANovember 20, 2012.
82,699Medline Industries, IncClearwater, FLOctober 23, 2012.
82,701Pfizer, Inc., Surveillance Testing Group Pfizer Global Supply, Makro Technologies, etcGroton, CTMay 1, 2012.
82,702Electrolux Home Care Products, Inc., Electrolux Major Appliances, Electrolux North America, IncWebster City, IAFebruary 16, 2013.
82,702ALeased Workers From Cornerstone, Electrolux Home Care Products, IncWebster City, IAApril 29, 2012.

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
82,621Lionbridge Technologies, Hewlett Packard Image Printer Group, Hewlett-Packard CompanyVancouver, MAMarch 15, 2012.

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) (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
82,241Alcoa Automotive, Indiana Assembly & Fabricating Center, Inc., IQ Navigator, IncAuburn, IN.
82,258Premier Silica LLCGlenford, OH.
82,381BorgWarner Morse TEC, including On-Site Leased Workers from ManpowerCortland, NY.
82,381ABorgWarner Morse TEC, 800 Warren RoadIthaca, NY.
82,381BBorgWarner Morse TEC, 780 Warren RoadIthaca, NY.
82,466Cinetech, Deluxe Laboratories, Inc., UI Wages Reported through Deluxe Media ServicesValencia, CA.
82,592JP Morgan Chase and Company, Community and Consumer Banking Division, Centralized Transaction OperationsLos Angeles, CA.

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 USC 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.Start Printed Page 32467

TA-W No.Subject firmLocationImpact date
82,669U.S. Textile CorporationNewland, NC.
82,710Ochin, Inc.Portland, OR.

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
82,714Kim Lighting, Hubbell Lighting, IncOntario, CA.

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
82,521NewPage Wisconsin Systems, Inc., Newpage CorporationDuluth, MN.

I hereby certify that the aforementioned determinations were issued during the period of May 6, 2013 through May 10, 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.

Start Signature

Dated: May 16, 2013.

Elliott S. Kushner,

Certifying Officer, Office of Trade Adjustment Assistance.

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[FR Doc. 2013-12733 Filed 5-29-13; 8:45 am]

BILLING CODE 4510-FN-P