Notices. DEPARTMENT OF LABOR
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/register/2011/02/02/2011-2246·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance 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 17, 2011 through January 21, 2011.* 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 firm Location Impact date 74,161 Mestek, Inc Wrens, GA May 28, 2009. 74,162 Designs Des Carolines Morganton, NC May 24, 2009. 74,193 Mission Valley Cabinet and Countertech Poway, CA June 1, 2009. 74,202 Hubbell Lighting, Inc., HLI Division, Hubbell, Inc Christiansburg, VA May 27, 2009. 74,206 CenterPoint Teleservices, LLC, Leased Workers from Robert Half Management Resources, etc Eliot, ME June 4, 2009. 74,389 Domtar Paper Company, Inc., Accountemps, Manpower Cerritos, CA July 16, 2009. 74,428 MH Technologies, LLC Mt. Holly Springs, PA May 19, 2009. 74,565 Smead Manufacturing Company McGregor, TX August 25, 2009. 74,596 International Communication Materials, Inc., Nukote International, Inc Connellsville, PA August 31, 2009. 74,720 Environ Biocomposites Manufacturing, LLC Mankato, MN October 11, 2009. 74,741 Seneca Foods Corporation Buhl, ID September 10, 2009. 74,760 Eagle Industries, LLC Bowling Green, KY October 15, 2009. 74,766 Rocon Manufacturing Corporation Rochester, NY October 12, 2009. 74,970 The Wise Company, Inc., A Subsidiary of D. Canale Company, Inc Piggott, AR December 7, 2009. 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 number Subject firm Location 1 Impact date 74,188 Siemens IT Solutions and Services, Inc., Client Support Services
(CSS)Unit, Native Staffing, etc Bellefontaine, OH May 21, 2009. 74,633 The Estee Lauder Companies Inc., Information Technology Help Desk, ELC Management LLC and Sourcewave, Inc. Melville, NY September 15, 2009. 74,633A Aveda Corporation, A Wholly Owned Subsidiary of the Estee Lauder Companies Inc., IT Help Desk Blaine, MN September 15, 2009. 74,651 Time Insurance Company, dba Assurant Health, Answerport, Inc., etc Milwaukee, WI September 21, 2009. 74,651A Time Insurance Company, DBA Assurant Health, Manpower Plymouth, MN September 21, 2009. 74,654 Plainfield Stamping—Texas, Inc., Plainfield Tool & Engineering, Inc., Select Staffing El Paso, TX September 2, 2009. 74,695 Vico Company, Leased Workers from Roper Personnel Services Sumter, SC October 4, 2009. 74,701 Avaya, Inc., Global Sales, Nortel Networks, DiamondWare, etc Basking Ridge, NJ October 5, 2009. 74,851 EMC Corporation, Information Infrastructure Products; Unified Storage, Off-Site Workers, etc. Hopkinton, MA November 5, 2009. 74,874 Solo Cup Operating Corporation North Andover, MA November 8, 2009. 74,875 Pitney Bowes, Global Financial Services Unit, Purchase Power Collections Spokane, WA November 10, 2009. 74,892 Stanley Black and Decker, CDIY Division; Leased Workers from Manpower McAllen, TX November 8, 2009. 74,909 Heritage Valley Health System, Pennsylvanian Medical Transcriptionist, Work from Home Moon Township, PA November 5, 2009. 74,972 CEVA Logistics, U.S., Inc., Accountemps, Randstad Work Solutions, ICX Group Jacksonville, FL December 6, 2009. 75,004 Burroughs Payment Systems, Inc., Including Workers Whose Wages Were Reported Under Unisys Corporation Plymouth, MI December 14, 2009. 75,004A Leased Workers from Pinnacle, Renhill and Snelling, Working On-Site at Burroughs Payment Systems, Inc. Plymouth, MI December 14, 2009. 75,019 Suss Microtec, Inc., Technical Connections, Inc. Waterbury Center, VT December 20, 2009. 75,032 PricewaterhouseCoopers LLP, Internal Firm Services Detroit, MI December 15, 2009. 75,037 Hartford Compressors, Inc., Dunham—Bush Industries, SDN BHD West Hartford, CT December 21, 2009. 75,064 SOPHOS, Inc. Dublin, OH January 3, 2010. 75,068 Dana Holding Corporation, Off Highway Division, Manpower, Inc., Accountemp, Aerotek Lugoff, SC January 3, 2010. 75,074 MAHLE Industries, Inc., MAHLE Engine Components USA, Inc. Franklin, KY January 6, 2010. 75,074A MAHLE Industries, Inc., MAHLE Engine Components USA, Inc., Purchasing Unit Muskegon, MI January 6, 2010. 75,078 NGK Spark Plugs (USA), Inc., NGK Spark Plugs Co., Ltd, Select Staffing, Express Employment Irvine, CA January 10, 2010. 75,084 Valley Towing Products, Express Personnel Services and Accountabilities Lodi, CA January 11, 2010. 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 firm Location 1 Impact date 74,226 Starn Tool and Manufacturing Company Meadville, PA June 7, 2009. 74,825 Mountain City Lumber Company, Roan Sawmill, Cranberry Hardwoods, Inc Roan Mountain, TN October 25, 2009. 74,825A Mountain City Lumber Company, Sawmill, Cranberry Hardwoods, Inc Mountain City, TN October 25, 2009. 74,825B Mountain City Lumber Company, Kiln/Millworks, Cranberry Hardwoods, Inc Mountain City, TN October 25, 2009. 74,926 Advance Urethane Technologies, Inc., Sleep Innovation Dubuque, IA November 30, 2009. 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 firm Location 1 Impact date 74,323 Verizon Business Network Services, Inc., Verizon Communications, Inc Miami, FL 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 firm Location 1 Impact date 74,070 California Redwood Company Eureka, CA 74,635 Wells Fargo Bank, NA, Formerly Wachovia Corporation, Business Banking Division Wilkesboro, NC 74,856 ACS Education Services, Inc., Financial Services Division Long Beach, CA 74,943 Assurant, Inc., Business Enterprise Application Services Division Woodbury, 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 firm Location 1 Impact date 74,769 Goodrich Lighting Systems Oldsmar, FL I hereby certify that the aforementioned determinations were issued during the period of *January 17, 2011 through January 21, 2011.* Copies of these determinations may be requested under the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or *tofoiarequest@dol.gov.* These determinations also are available on the Department's Web site at *http://www.doleta.gov/tradeact* under the searchable listing of determinations. Dated: January 25, 2011. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011-2246 Filed 2-1-11; 8:45 am]
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