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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 Start Printed Page 21819during the period of March 1, 2019 through March 31, 2019. (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;

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) 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 Start Printed Page 21820222(a)(2)(A) (Increased Imports Path) of the Trade Act have been met.

TA-W No.Subject firmLocationImpact date
94,427General Motors Lordstown Complex, General Motors Company, Development Dimensions InternationalWarren, OHMarch 8, 2019.

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
94,281Caterpillar Inc., Mining Hauling and Underground Division, Aerotek, DVA ConsultingMontgomery, ILOctober 26, 2017.
94,453GY Agemni, LLC, DNN Corp, ESW Capital, AdvanStaff, IncSalt Lake City, UTJanuary 11, 2018.
94,471Lexmark International, Inc., Finance, Managed Print Services (MPS) Business Operations, etcLexington, KYJanuary 21, 2018.
94,473Sugarfina, Inc., Express Employment Professionals, Aerotek, First Rate StaffingEl Segundo, CAJanuary 18, 2018.
94,476AXA Equitable Life Insurance Company, AXA Financial, Inc., Group Retirement Operations Department, Kelly ServicesSyracuse, NYJanuary 22, 2018.
94,479Renwood Acquisitions, LLC, Heckethorn Manufacturing, Metro Industrial Services, Personnel PlacementsDyersburg, TNJanuary 22, 2018.
94,482Xerox Corporation, North American Finance, Global Procurement DepartmentsWebster, NYJanuary 23, 2018.
94,483Xerox Corporation, Information Management, Tata Consultancy ServicesWebster, NYJanuary 23, 2018.
94,509Bureau of National Affairs, Inc., Bloomberg BNA Holdings, IncArlington, VAFebruary 4, 2018.
94,513R1 RCMAustin, TXFebruary 5, 2018.
94,515Windstream Services, LLC, Little Rock Division, IT and Accounts Payable DivisionsLittle Rock, ARFebruary 5, 2018.
94,530Jabil Circuit, Inc., Nypro Division, Fountain Group LLC, AdeccoRochester, NYApril 14, 2019.
94,534Elavon, Inc., U.S. Bank, National Association, Department of Account ReconciliationsKnoxville, TNFebruary 11, 2018.
94,538.ABC-I CorporationDexter, NYFebruary 13, 2018.
94,538AABC-I CorporationJacksonville, FLFebruary 13, 2018.
94,541A.L.P. Lighting Components, Inc., Olive Branch, A.L.P. Lighting Components, Select Staffing, Millennium SearchOlive Branch, MSFebruary 12, 2018.
94,550CA Technologies, Broadcom IncSanta Clara, CAFebruary 19, 2018.
94,552RBIII Associates, Inc. dba Teamwork Athletic Apparel, Badger Sportswear, IncSan Marcos, CAFebruary 19, 2018.
94,554Jagger BrothersSpringvale, MEFebruary 20, 2018.
94,572Bank of the West, Banc West Holding, I.T. Application Support Group, Allegis Global SolutionsCity of Industry, CAFebruary 28, 2018.
94,574Hanesbrands, Inc., NYC DesignNew York, NYFebruary 27, 2018.
94,579Beckman Coulter, Inc., Danaher, Manufacturing for Statspin, Immage and Microscan, Kelly ServicesBrea, CAMarch 1, 2018.
94,581KEMET Blue Powder Corporation, KEMET Corporation, ResourceMFG/ProLogistix, AerotekMound House, NVMarch 3, 2018.
94,585A360 Firm Solutions, LLC, A360Inc, Outsourcing DivisionJacksonville, FLMarch 1, 2018.
94,585AA360 Firm Solutions, LLC, A360Inc, Outsourcing DivisionMount Laurel, NJMarch 1, 2018.
94,590Austin Foam Plastic, Inc., Lifestyle StaffingEl Paso, TXMarch 5, 2018.
94,595The Travelers Indemnity Company, Small Commercial Operations GroupElmira, NYMarch 5, 2018.
94,596GMI Holdings Inc., Overhead Door Corp., Mancan, Randstad, Flex TeamBaltic, OHMarch 6, 2018.

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
94,504Populus Group, Caterpillar Corporate Account GroupTroy, MIJanuary 31, 2018.
94,525REO Distribution Services, Inc., Allied Realty Company, Adams & GarthWaynesboro, VAFebruary 7, 2018.
Start Printed Page 21821

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 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 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
94,276Faneuil, Inc., ALJ Regional Holdings, Inc., Resource Management IncVienna, VA
94,478Keystone Tailored Manufacturing LLCBrooklyn, OH

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
94,201Culp Woven Velvet, Culp Upholstery Fabric Division, Culp Inc., ManpowerAnderson, SC
94,251Ernest Industries, Advance StaffingWestland, MI
94,409Verizon Data Services, LLC, Member Technical Staff (MTS)Temple Terrace, FL

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
94,600General Electric Company, GE Transportation Parts, Transportation Division, etcErie, PA

The following determinations terminating investigations were issued because the Department issued a negative determination applicable to the petitioning group of workers. No new information or change in circumstances is evident which would result in a reversal of the Department's previous determination.

TA-W No.Subject firmLocationImpact date
93,972Toys R Us—Delaware, Inc., Toys R Us, IncNewport News, VA
93,972AToys R Us—Delaware, Inc., Toys R Us, IncFredericksburg, VA
93,972BToys R Us—Delaware, Inc., Toys R Us, IncChesapeake, VA
93,972CToys R Us—Delaware, Inc., Toys R Us, Inc., 400 N. Military HighwayNorfolk, VA
93,972DToys R Us—Delaware, Inc., Toys R Us, Inc., 1600 Premium Outlets BoulevardNorfolk, VA
93,972EToys R Us—Delaware, Inc., Toys R Us, IncVirginia Beach, VA
93,972FBabies R Us, Toys R Us—Delaware, Inc., Toys R Us, IncNewport News, VA
93,972GBabies R Us, Toys R Us—Delaware, Inc., Toys R Us, IncChesapeake, VA

I hereby certify that the aforementioned determinations were issued during the period of March 1, 2019 through March 31, 2019. These determinations are available on the Department's website https://www.doleta.gov/​tradeact/​petitioners/​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 11th day of April 2019.

Hope D. Kinglock,

Certifying Officer, Office of Trade Adjustment Assistance.

End Signature End Preamble

[FR Doc. 2019-09985 Filed 5-14-19; 8:45 am]

BILLING CODE 4510-FN-P