Notices. DEPARTMENT OF LABOR
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/register/2020/06/29/2020-13966·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 4410-DH-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility to Apply for Trade Adjustment Assistance 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 *May 1, 2020 through May 31, 2020.* (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)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 222(a)(2)(A) (Increased Imports Path) of the Trade Act have been met. TA-W No. Subject firm Location Impact date 94,615 Marketlink, Inc. dba Allied Global, Allied Global, LLC Johnstown, PA March 13, 2018. 95,045 Pharmaceutics International, Inc., Medix, Augmentation Hunt Valley, MD March 2, 2020. 95,068 Matthew Warren Spring, Plant 5, MW Industries, Inc., Peak Community Services Logansport, IN August 12, 2018. 95,080 Celestial Softwear Inc., Lunar logic Eugene, OR August 15, 2018. 95,243 Wholesome Harvest Baking, LLC, Bimbo Bakeries Inc., Grupo Bimbo, S.A.B. de C.V Richmond, CA October 1, 2018. 95,301 Ball Metalpack, LLC, 1st Employment, Aerotek Springdale, AR October 18, 2018. 95,312 US Synthetic Corporation, Apergy Corporation, Elwood Staffing Orem, UT October 21, 2018. 95,661 OEMMCCO, Inc., Staffing Solutions Kenosha, WI February 5, 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 firm Location Impact date 94,715 Zinus, Customer Service Division, Prologistix, Randstand Tracy, CA April 8, 2018. 94,717 Zinus, Customer Service Division, Sheridan, Remedy Summerville, SC April 8, 2018. 95,300 VML, LLC, Razor Holdings, TEK Systems, ECCO Select, RiverPoint, KForce, etc Kansas City, MO October 17, 2018. 95,432 State Street Bank & Trust Co., Transfer Agency Division, State Street Corporation, ZeroChaos North Quincy, MA November 27, 2018. 95,543 Rite Aid Headquarters Corporation, Technology Services Computer Operations, Rite Aid Corporation Lancaster, CA January 7, 2019. 95,586 P&F Systems, a division of Dieomatic Incorporated, Magna International Inc Auburn Hills, MI January 21, 2019. 95,667 Daimler Gastonia Components and Logistics LLC, Daimler AG Gastonia, NC March 10, 2019. 95,870 Frontier Communications, Network Translations Organization Team, Frontier Communications Corporation Rochester, NY April 6, 20190. 95,918 Vitro Flat Glass LLC, Meadville, Line 2 Production, Vitro Assets, M-Ploy Temporaries, Inc Cochranton, PA May 8, 2019. 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 firm Location Impact date 94,921 North American Mold Technology LLC, Piedmont Precision Machine Co., Inc Danville, VA June 20, 2018. 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 firm Location Impact date 95,568 Optum Technology, Enterprise Enablement Platform Services, IT Services Desk, etc San Francisco, CA. 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 firm Location Impact date 94,667 Welspun Tubular, LLC, Welspun Pipes, Welspun Global Trade, Elite Workforce Management, etc Little Rock, AR. 95,477 Concentrix CVG Corporation Tampa, FL. 95,626 Thomas L. Cardella & Associates, Inc Alamogordo, NM. 95,652 Tripwire, Inc., Belden Inc., Incedo, Inc Portland, OR. 95,684 TCS e-Serve International Limited, Tata Consultancy Services, Aerotek, Kelly Services, TekSystems, etc Cedar Rapids, IA. 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 firm Location Impact date 94,886 Times Fiber Communications, Amphenol Corporation Chatham, VA. 94,937 Tech Mahindra Americas Inc. for AT&T, Production Validation Testing Team Plano, TX. 94,963 Cablevision System NYC Corporation, Altice USA, Customer Care Center Bethpage, NY. 94,963A Cablevision System NYC Corporation, Altice USA, Customer Care Center Supervisors Jericho, NY. 94,990 Blackjewel L.L.C./Revelation Energy, LLC, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Milton, WV. 94,990A Blackjewel L.L.C./Revelation Energy, LLC, Clover Loadout, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Bledsoe, KY. 94,990AA Blackjewel L.L.C./Revelation Energy, LLC, Eagle Butte Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings Gillette, WY. 94,990B Blackjewel L.L.C./Revelation Energy, LLC, Clover Lick Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings Cumberland, KY. 94,990BB Blackjewel L.L.C./Revelation Energy, LLC, Belle Ayr Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Gillette, WY. 94,990C Blackjewel L.L.C./Revelation Energy, LLC, Panther Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Cumberland, KY. 94,990CC Blackjewel L.L.C./Revelation Energy, LLC, Sunny Knott Office, Blackjewel Holdings L.L.C./Revelation Energy Holdings Lackey, KY. 94,990D Blackjewel L.L.C./Revelation Energy, LLC, F Seam Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Cumberland, KY. 94,990DD Blackjewel L.L.C./Revelation Energy, LLC, Andover Office, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Appalachia, VA. 94,990E Blackjewel L.L.C./Revelation Energy, LLC, Cave Branch Prep Plant, Blackjewel Holdings/Revelation Energy Holdings Cumberland, KY. 94,990EE Blackjewel L.L.C./Revelation Energy, LLC, Honaker Shop, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Honaker, VA. 94,990F Blackjewel L.L.C./Revelation Energy, LLC, Clover Fork Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings Evarts, KY. 94,990G Blackjewel L.L.C./Revelation Energy, LLC, Huff Creek Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Evarts, KY. 94,990H Blackjewel L.L.C./Revelation Energy, LLC, Kellioka Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Evarts, KY. 94,990I Blackjewel L.L.C./Revelation Energy, LLC, Shamrock Prep Plant, Blackjewel Holdings L.L.C./Revelation Energy Holdings Helton, KY. 94,990J Blackjewel L.L.C./Revelation Energy, LLC, Cumberland River Surface Mine, Blackjewel Holdings L.L.C., etc. Partridge, KY. 94,990K Blackjewel L.L.C./Revelation Energy, LLC, North Fork No. 6, Blackjewel Holdings L.L.C./Revelation Energy Holdings Partridge, KY. 94,990L Blackjewel L.L.C./Revelation Energy, LLC, Beechfork Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Helton, KY. 94,990M Blackjewel L.L.C./Revelation Energy, LLC, Straight Creek Prep Plant, Blackjewel Holdings/Revelation Energy Holdings Stoney Fork, KY. 94,990N Blackjewel L.L.C./Revelation Energy, LLC, Big Laurel, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Appalachia, VA. 94,990O Blackjewel L.L.C./Revelation Energy, LLC, Pigeon Creek Processing, Blackjewel Holdings/Revelation Energy Holdings Appalachia, VA. 94,990P Blackjewel L.L.C./Revelation Energy, LLC, Osaka Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Appalachia, VA. 94,990Q Blackjewel L.L.C./Revelation Energy, LLC, Flat Rock Prep Plant, Blackjewel Holdings/Revelation Energy Holdings Honaker, VA. 94,990R Blackjewel L.L.C./Revelation Energy, LLC, Tiller #1 Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Jewell Ridge, VA. 94,990S Blackjewel L.L.C./Revelation Energy, LLC, Tiller #2 Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Jewell Ridge, VA. 94,990T Blackjewel L.L.C./Revelation Energy, LLC, 3446 Jewell Valley Road, Blackjewel Holdings/Revelation Energy Holdings Jewell Ridge, VA. 94,990U Blackjewel L.L.C./Revelation Energy, LLC, Red Ash Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Jewell Ridge, VA. 94,990V Blackjewel L.L.C./Revelation Energy, LLC, Raven Dock, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC Raven, VA. 94,990W Blackjewel L.L.C./Revelation Energy, LLC, Lone Mountain Processing, Blackjewel Holdings/Revelation Energy Holdings St. Charles, VA. 94,990X Blackjewel L.L.C./Revelation Energy, LLC, Tunnel Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings, LLC St. Charles, VA. 94,990Y Blackjewel L.L.C./Revelation Energy, LLC, Pax Surface Mine, Blackjewel Holdings L.L.C./Revelation Energy Holdings Scarbro, WV 94,990Z Blackjewel L.L.C./Revelation Energy, LLC, Central Distribution Center, Blackjewel Holdings/Revelation Energy Holdings Gillette, WY. 95,096 Infor (US), Inc., Information Technology aka Business Innovation Department, Infor, Inc. Saint Paul, MN. 95,131 Jewell Attachments, LLC, Paladin Brands Group, Inc., Aerotek, Kelly Services Portland, OR. 95,261 CCU Coal and Construction, LLC, Corporate Office Coshocton, OH. 95,261A CCU Coal and Construction, LLC, Buckingham Mine and Wash Plant Glouster, OH. 95,261B CCU Coal and Construction, LLC, Bellaire Dock Bellaire, OH. 95,261C CCU Coal and Construction, LLC, Shugert North Mine Bethesda, OH. 95,261D CCU Coal and Construction, LLC, Buttermilk Flushing, OH. 95,261E CCU Coal and Construction, LLC, Egypt Valley Wildlife Mine Flushing, OH. 95,261F CCU Coal and Construction, LLC, Barb Tipple Conesville, OH. 95,261G CCU Coal and Construction, LLC, Cadiz Office Cadiz, OH. 95,261H CCU Coal and Construction, LLC, Sandy Ridge Mine Cadiz, OH. 95,261I CCU Coal and Construction, LLC, Harrison Mine Cadiz, OH. 95,261J CCU Coal and Construction, LLC, Ellis Rayland, OH. 95,261K CCU Coal and Construction, LLC, Zanesville Warehouse Zanesville, OH. 95,261L CCU Coal and Construction, LLC, Cannon Crooksville, OH. 95,261M CCU Coal and Construction, LLC, New Lexington New Lexington, OH. 95,261N CCU Coal and Construction, LLC, Avondale Roseville, OH. 95,261O CCU Coal and Construction, LLC, Pero East Canton, OH. 95,261P CCU Coal and Construction, LLC, Garrett Gnadenhutten, OH. 95,261Q CCU Coal and Construction, LLC, Midvale Mine New Philadelphia, OH. 95,261R CCU Coal and Construction, LLC, Strasburg Wash Plant, Shop, and Slurry Pit Strasburg, OH. 95,261S CCU Coal and Construction, LLC, Muskie Train Conesville, OH. 95,261T CCU Coal and Construction, LLC, Conesville Wash Plant Conesville, OH. 95,261U CCU Coal and Construction, LLC, Hunt Newcomerstown, OH. 95,261V CCU Coal and Construction, LLC, Harrah Cadiz, OH. 95,279 Cisco System Inc. Lawrenceville, GA. 95,387 Concentrix CVG Corporation Heathrow, FL. 95,429 General Logistics Systems US, Inc., Operations Division, Delivery Driver Group, Robert Half International, etc. San Ramon, CA. 95,530 Halliburton Energy Services, Inc., Halliburton Company El Reno, OK. 95,533 The Semling-Menke Company, Inc., ABS Employment Group, QPS Employment Group Merrill, WI. 95,602 Legacy Supply Chain Services, Tri-Starr Management Services, Surge Staffing, Diverse Staffing Jeffersonville, IN. 95,624 PVH Corp. Warehouse, Logistic Services Division, PVH Corp. Brinkley, AR. 95,648 Hexcel Corporation, Keltia Recruitment/Keltia Design, Kelly Services, Moseley Technical, etc. Kent, WA. 95,648A Hexcel Corporation, Express Employment Professionals, TERRA Staffing Group Burlington, WA. 95,669 CoxCom LLC, Cox Communications New England, Retail Sales, Atrium Staffing Services West Warwick, RI. 95,849 Con-Vey, LLC, Con-Vey Holding, Inc., Elwood Staffing, Express Employment Professionals Roseburg, OR. 95,884 Marvell Semiconductor, Inc., Marvell Technology Group, GlobalFoundries US, ASIC North, CYIENT, etc Essex Junction, VT. 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 petitioner has requested that the petition be withdrawn. TA-W No. Subject firm Location Impact date 95,853 Oracle America, Oracle America Global Business Unit Reston, VA. 95,912 Boilermakers Local 105 Piketon, OH. The following determinations terminating investigations were issued in cases where the petition regarding the investigation has been deemed invalid. TA-W No. Subject firm Location Impact date 94,834 EmblemHealth Services Co., LLC Inc., Provider Operations Department New York, NY. 95,783 UnitedHealth Group, Corporate Affairs, Communications, Translations and Interpretation, etc. Minnetonka, MN. 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 firm Location Impact date 95,003 API Technologies Windber, PA. 95,555 SMX Staffing a/k/a Staff Management, Newel Brands, Rubbermaid Commercial Products Winchester, VA. 95,690 Phoenix Technical Solutions, Inc. and Phoenix Laser Solutions, General Electric Company, GE Transportation Parts, Transportation Division Erie, PA. I hereby certify that the aforementioned determinations were issued during the period of *May 1, 2020 through May 31, 2020.* 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. Signed at Washington, DC, this 8th day of June 2020. Hope D. Kinglock, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2020-13966 Filed 6-26-20; 8:45 am]
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