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Notice

Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance

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Start Preamble

In accordance with the Section 223 (19 U.S.C. 2273) of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) (“Act”), as amended, the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance under Chapter 2 of the Act (“TAA”) for workers by (TA-W) number issued during the period of October 20, 2018 through November 9, 2018. (This Notice primarily follows the language of the Trade Act. In some places however, changes such as the inclusion of subheadings, a reorganization of language, or “and,” “or,” or other words are added for clarification.)

Section 222(a)—Workers of a Primary Firm

In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for TAA, the group eligibility requirements under Section 222(a) of the Act (19 U.S.C. 2272(a)) must be met, as follows:

(1) The first criterion (set forth in Section 222(a)(1) of the Act, 19 U.S.C. 2272(a)(1)) is that a significant number or proportion of the workers in such workers' firm (or “such firm”) have become totally or partially separated, or are threatened to become totally or partially separated; AND (2(A) or 2(B) below)

(2) The second criterion (set forth in Section 222(a)(2) of the Act, 19 U.S.C. 2272(a)(2)) may be satisfied by either (A) the Increased Imports Path, or (B) the Shift in Production or Services to a Foreign Country Path/Acquisition of Articles or Services from a Foreign Country Path, as follows:

(A) Increased Imports Path:

(i) The sales or production, or both, of such firm, have decreased absolutely; AND (ii and iii below)

(ii) (I) imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; OR

(II)(aa) 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; OR

(II)(bb) imports of articles like or directly competitive with articles which are produced directly using the services supplied by such firm, have increased; OR

(III) 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; AND

(iii) the increase in imports described in clause (ii) contributed importantly to such workers' separation or threat of separation and to the decline in the sales or production of such firm; OR

(B) Shift in Production or Services to a Foreign Country Path OR Acquisition of Articles or Services From a Foreign Country Path:

(i)(I) there has been a shift by such workers' firm to a foreign country in the production of articles or the supply of services like or directly competitive with articles which are produced or services which are supplied by such firm; OR

(II) such workers' firm has acquired from a foreign country articles or services that are like or directly competitive with articles which are produced or services which are supplied by such firm; AND

(ii) the shift described in clause (i)(I) or the acquisition of articles or services described in clause (i)(II) contributed importantly to such workers' separation or threat of separation.

Section 222(b)—Adversely Affected Secondary Workers

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 TAA, the group eligibility requirements of Section 222(b) of the Act (19 U.S.C. 2272(b)) must be met, as follows:

(1) a significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; AND

(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 (19 U.S.C. 2272(a)), and such supply or production is related to the article or service that was the basis for such certification (as defined in subsection 222(c)(3) and (4) of the Act (19 U.S.C. 2272(c)(3) and (4)); 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 determined under paragraph (1).

Section 222(e)—Firms Identified by the International Trade Commission

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 TAA, the group eligibility requirements of Section 222(e) of the Act (19 U.S.C. 2272(e)) must be met, by following criteria (1), (2), and (3) as follows:

(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) of the Act (19 U.S.C. 2252(b)(1)); OR

(B) an affirmative determination of market disruption or threat thereof under section 421(b)(1) of the Act (19 U.S.C. 2436(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)); AND

(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) of the Trade Act (19 U.S.C. 2252(f)(1)) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3) (19 U.S.C. 2252(f)(3)); OR

(B) notice of an affirmative determination described in subparagraph (B) or (C) of paragraph (1) is published in the Federal Register; ANDStart Printed Page 64880

(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) of the Act (19 U.S.C. 2273(b)), the 1-year period preceding the 1-year period described in paragraph (2).

Affirmative Determinations for Trade 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 Path) of the Trade Act have been met.

TA-W No.Subject firmLocationImpact date
93,714NRG Energy, Inc., Homer City Generating Station, NRG Energy Services Group, LLC, etcHomer City, PAApril 9, 2017.
93,845Boise Cascade Company, Wood Products DivisionElgin, ORMay 25, 2017.
94,045Roaring Spring Blank Book Company, Roaring Spring Paper Products DivisionMartinsburg, PANovember 30, 2017.
94,117ArcelorMittal Plate LLC, Conshohocken Division, ArcelorMittal USA LLC, BSI Electrical, etcConshohocken, PAMay 6, 2018.
94,129MBC Ventures, Inc., Maryland Brush CompanyBaltimore, MDSeptember 14, 2017.
94,210Emberex, IncEugene, OROctober 5, 2017.

The following certifications have been issued. The requirements of Section 222(a)(2)(B) (Shift in Production or Services to a Foreign Country Path or Acquisition of Articles or Services from a Foreign Country Path) of the Trade Act have been met.

TA-W No.Subject firmLocationImpact date
94,008Advanced Motors & Drives, Nidec Motor Corporation, CPS Professionals, AP ProfessionalsEast Syracuse, NYJuly 25, 2017.
94,014Hewlett Packard Enterprise, HPE Hybrid IT—Storage DivisionFort Collins, COJuly 26, 2017.
94,043Afni, Inc., Universal DepartmentTucson, AZAugust 6, 2017.
94,084Informa, Business Intelligence Division, iMoneyNet Statistics GroupWestborough, MAAugust 22, 2017.
94,102HP Inc., Consumer PCs, Accessories, Displays & Services DivisionPalo Alto, CAAugust 28, 2017.
94,118Ciena CorporationSpokane Valley, WASeptember 10, 2017.
94,119Crystal Vision, LLC, Consolidated Data Services, Omnicom Group, UnisysIrving, TXSeptember 10, 2017.
94,123Johnson Controls Fire Protection LP, Johnson Controls, SimplexGrinnell, Accounts Payable Team, Agile 1Westminster, MASeptember 5, 2017.
94,125Static Control Components, Inc., Static Control Components Limited, Plant 10Sanford, NCJanuary 16, 2018.
94,125AStatic Control Components, Inc., Static Control Components Limited, Plant 1Sanford, NCSeptember 12, 2017.
94,125BStatic Control Components, Inc., Static Control Components Limited, Plant 2Sanford, NCSeptember 12, 2017.
94,125CStatic Control Components, Inc., Static Control Components Limited, Plant 7Sanford, NCSeptember 12, 2017.
94,125DStatic Control Components, Inc., Static Control Components Limited, Plant 9Sanford, NCSeptember 12, 2017.
94,125EStatic Control Components, Inc., Static Control Components Limited, Plant 16Sanford, NCSeptember 12, 2017.
94,125FStatic Control Components, Inc., Static Control Components Limited, Plant 17Sanford, NCSeptember 12, 2017.
94,125GStatic Control Components, Inc., Static Control Components Limited, Plant 18Sanford, NCSeptember 12, 2017.
94,125HStatic Control Components, Inc., Static Control Components Limited, Plant 20Sanford, NCSeptember 12, 2017.
94,127Deluxe Media Inc., Deluxe Entertainment Services Group Inc., Deluxe Shared Services Inc., etcNorthvale, NJSeptember 13, 2017.
94,128ELC Beauty, Point of Sale Center of Excellence, Estee Lauder Companies, IncNew York, NYSeptember 10, 2017.
94,142Hewlett Packard Enterprise, Hewlett Packard Enterprise Pointnext Division, HP IncPalo Alto, CASeptember 18, 2017.
94,166Payless ShoeSource Worldwide, Inc., Finance Department, Payless, IncTopeka, KSSeptember 25, 2017.
94,182Aalfs Manufacturing, Inc., Ropa Siete Leguas, Corporate Administrative OfficesSioux City, IAOctober 1, 2017.
94,183CSC Holdings, LLC, Call Center Workforce Management Division, Altice USA, IncBethpage, NYSeptember 28, 2017.
94,185Catalina Marketing Corporation, Media Services Division, Account Managers, Senior Account Managers, etcSt. Petersburg, FLOctober 1, 2017.
94,186MediaNews Group, Inc., DBA Digital First Media, MNG Enterprises, Inc., Shared Services, etcColorado Springs, COSeptember 28, 2017.
94,187MBN (Middle East Broadcasting Networks)Springfield, VASeptember 28, 2017.
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94,188Nokia of America Corporation, Nokia, Nokia Solutions & Networks LLC, Alcatel-Lucent USANaperville, ILDecember 17, 2018.
94,194The Boeing Company El Paso Operations, The Boeing Company, Boeing Defense Space & Security Division, Moseley, etcEl Paso, TXOctober 2, 2017.
94,214IQVIA Inc., Quintiles IMS, IQVIA Holdings Inc., Chief Information Office, etcChesapeake, VAOctober 4, 2017.
94,219Capital One US Card Operations, Capital One Financial Corporation, Iconma LLC, Allied-Barton Security, etcLincoln, NEOctober 9, 2017.
94,223Wacom Technology Services Company, Wacom Technology Corporation, Target CW (WMBE Payrolling, Inc.)Portland, OROctober 9, 2017.
94,227Franke Kitchen Systems LLC, Franke Management AG, Kitchen Systems DivisionRuston, LAOctober 12, 2017.
94,228Zodiac Pool Systems LLC, AerotekVista, CAMay 17, 2018.
94,228AVolt and Eastridge, Zodiac Pool Systems LLCVista, CAOctober 11, 2017.
94,229CCS Medical, Inc., Wound Care Division, Kelly Services, Inc., HealthCare Support, etcFarmers Branch, TXOctober 12, 2017.
94,238Wilbrecht LEDCO, IncHuron, SDOctober 15, 2017.
94,244Pitney Bowes IncNeenah, WIOctober 16, 2017.
94,246CWD LLC, APC Automotive Technologies, PeopleNowCarson, CAOctober 17, 2017.
94,258Cantech Industries Inc., Intertape Polymer Group Inc., @Work Personnel, Staff ProJohnson City, TNOctober 22, 2017.
94,272Harman International Industries, Inc., Samsung Electronics, Connected Car Division, Acro Service CorporationNovi, MIOctober 12, 2017.
94,275Circor Energy Products Inc., Circor International Inc., Energy Group Division, Onin Staffing, etcOklahoma City, OKOctober 24, 2017.
94,279Harman International Industries, Inc., Samsung Electronics, Connected Car Division, Advantage Staffing, etcFranklin, KYOctober 11, 2018.
94,284Agfa Corporation, Agfa-Gevaert NVSomerville, NJOctober 29, 2017.
94,293Key Safety Restraint Systems (KSRS), Joyson Safety Systems, Inc., Manpower and Surge StaffingGreenville, ALOctober 31, 2017.
94,312Dormakaba USA, RandstadLexington, KYNovember 7, 2017.

The following certifications have been issued. The requirements of Section 222(b) (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
94,016Kelly Foundry and Machine CoElkins, WVJuly 25, 2017.

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

TA-W No.Subject firmLocationImpact date
93,748Milward Alloys Inc., Adecco StaffingLockport, NYApril 20, 2016.
94,023Murphy PlywoodEugene, ORDecember 27, 2016.
94,197Michigan Seamless Tube, LLS, Specialty Steel Works IncSouth Lyon, MIJanuary 30, 2017.

Negative Determinations For Worker Adjustment Assistance

In the following cases, the investigation revealed that the eligibility criteria for TAA have not been met for the reasons specified.

The investigation revealed that the requirements of Trade Act section 222(a)(1) and (b)(1) (significant worker total/partial separation or threat of total/partial separation), or (e) (firms identified by the International Trade Commission), have not been met.

TA-W No.Subject firmLocationImpact date
94,097Apollo Medical, PC, Billing DepartmentBrooklyn, NY
94,122Synergistic Systems, Inc., Teachers Insurance and Annuity Association of America, Data Quality, etcDenver, CO

The investigation revealed that the criteria under paragraphs (a)(2)(A)(i) (decline in sales or production, or both), or (a)(2)(B) (shift in production or services to a foreign country or acquisition of articles or services from a foreign country), (b)(2) (supplier to a firm whose workers are certified eligible to apply for TAA or downstream Start Printed Page 64882producer to a firm whose workers are certified eligible to apply for TAA), and (e) (International Trade Commission) of section 222 have not been met.

TA-W No.Subject firmLocationImpact date
94,113Drynachan, LLC dba Advance Health, Signify Health, LLC, Aerotek, Kelly Services, National Recruiters, etcHerndon, VA

The investigation revealed that the criteria under paragraphs (a)(2)(A) (increased imports), (a)(2)(B) (shift in production or services to a foreign country or acquisition of articles or services from a foreign country), (b)(2) (supplier to a firm whose workers are certified eligible to apply for TAA or downstream producer to a firm whose workers are certified eligible to apply for TAA), and (e) (International Trade Commission) of section 222 have not been met.

TA-W No.Subject firmLocationImpact date
93,779The Boeing Company, Defense, Space, & Security Division, American CyberSystems (ACS), etcOklahoma City, OK
94,049C & D Zodiac, Inc., Cabin ZOII Division, Zodiac Aerospace, VOLT Workforce Solutions, etcSanta Maria, CA
94,094LQ Management, LLC, La Quinta Intermediate Holdings, LLCIrving, TX
94,104Orchard Supply Company, LLC, Southwest Barnes Road Location, Lowe's Companies, IncBeaverton, OR
94,104AOrchard Supply Company, LLC, Southeast 10th Avenue Location, Lowe's Companies, IncPortland, OR
94,104BOrchard Supply Company, LLC, Northeast Halsey Street Location, Lowe's Companies, IncPortland, OR
94,104COrchard Supply Company, LLC, Southwest Cascade Avenue Location, Lowe's Companies, IncTigard, OR

Determinations Terminating Investigations of Petitions for Trade Adjustment Assistance

After notice of the petitions was published in the Federal Register and on the Department's website, 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 worker group on whose behalf the petition was filed is covered under an existing certification.

TA-W No.Subject firmLocationImpact date
93,926Infinite Computer Solutions, Inc., International Business Machines (IBM)Phoenix, AZ
94,017Aspen Insurance U.S. Services IncRocky Hill, CT
94,017AAspen Insurance U.S. Services IncNew York, NY
94,017BAspen Insurance U.S. Services IncBoston, MA
94,017CAspen Insurance U.S. Services IncAtlanta, GA
94,064Aerostructures Contract Employees, Chipton Ross, and Johnson Services Group, Triumph Aerostructures, Triumph Aerospace Structure Division, Triumph GroupRed Oak, TX
94,105Juniata Valley Occupational Health, GE Inspection Technologies, GE Oil & GasLewistown, PA
94,174Rose International Inc., Suntrust Mortgage, Servicing DepartmentRichmond, VA

I hereby certify that the aforementioned determinations were issued during the period of October 20, 2018 through November 9, 2018. These determinations are available on the Department's website https://www.doleta.gov/​tradeact/​taa/​taa_​search_​form.cfm under the searchable listing determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.

Start Signature

Signed at Washington, DC, this 15th day of November 2018.

Hope D. Kinglock,

Certifying Officer, Office of Trade Adjustment Assistance.

End Signature End Preamble

[FR Doc. 2018-27295 Filed 12-17-18; 8:45 am]

BILLING CODE 4510-FN-P