Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

Federal Register, Volume 76 Issue 250 (Thursday, December 29, 2011)

Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)

Notices

Pages 81987-81990

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2011-33327

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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 December 12, 2011 through December 16, 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.

  1. 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

  2. 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

    Page 81988

    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.

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    TA-W No. Subject firm Location Impact date

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    80,418................... Invista S.A.R.L., Mundy Waynesboro, VA..... February 20, 2011.

    Maintenance Services and

    Operations.

    80,418A.................. Security Forces, Inc. Waynesboro, VA..... September 6, 2010.

    (SFI), Working on-Site

    at Invista S.A.R.L.

    80,451................... Dillan Chenille, Inc..... Martinsville, VA... September 19, 2010.

    80,463................... Clow Water Systems Coshocton, OH...... September 23, 2010.

    Company, Carol Harris

    Staffing.

    80,479................... Excelsior Services Group, Fort Worth, TX..... September 28, 2010.

    Pinnacle Technical

    Resources, Working On-

    Site at Cognizant.

    80,497................... Southwoods, LLC, American Manning, SC........ October 6, 2010.

    Forest Products

    Division, Roper

    Personnel.

    80,520................... Positronic Industries, Mount Vernon, MO... October 13, 2010.

    Inc., Penmac.

    80,520A.................. Positronic Industries, Springfield, MO.... October 13, 2010.

    Inc., Penmac.

    80,528................... Timbron International, Stockton, CA....... October 17, 2010.

    Inc..

    81,011................... Cyberdyne, Inc........... New Eagle, PA...... February 13, 2010.

    81,031................... Ultrablend, LLC, Charlotte, NC...... February 13, 2010.

    Ambassador Personnel

    Services.

    81,097................... Kimberly-Clark Worldwide, Everett, WA........ February 13, 2010.

    Inc., Kimberly-Clark

    Corp., Injury Free Inc.,

    Ventilation Power

    Cleaning, etc.

    ----------------------------------------------------------------------------------------------------------------

    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.

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    TA-W No. Subject firm Location Impact date

    ----------------------------------------------------------------------------------------------------------------

    80,429................... Kennametal, Inc., Latrobe, PA........ June 18, 2011.

    Kennametal Finance

    Organization.

    80,429A.................. Kelly Services, Working Latrobe, PA........ September 9, 2010.

    of Site at Kennametal,

    Inc., Kennametal Finance

    Organization.

    80,453................... Seroyal USA, Inc, Atrium Redmond, WA........ September 20, 2010.

    Biotech Investments,

    Inc., HVL LLC.

    80,492................... RockTenn, Consumer Milwaukee, WI...... October 4, 2010.

    Packaging Division,

    Custom Staffing National.

    80,498................... InterMetro Industries Fostoria, OH....... October 5, 2010.

    Corporation, Emerson

    Electric, Custom

    Staffing.

    80,501................... TT Electronics, Boone, NC.......... October 10, 2010.

    International Resistive

    Company, Inc..

    80,504................... BASF Corporation, Belvidere, NJ...... December 23, 2011.

    Coatings Division.

    80,504A.................. Leased Workers from Belvidere, NJ...... October 11, 2010.

    Nextsource, Working On-

    Site at BASF

    Corporation, Coatings

    Division.

    80,527................... MAHLE Engine Components Trumbull, CT....... October 17, 2010.

    USA, Inc., MAHLE

    Industries, Inc.,

    Hamilton Connections and

    Monroe Staffing.

    81,001................... Freeman Metal Products, Ahoskie, NC........ February 13, 2010.

    Inc..

    81,005................... Terex USA, LLC, Powertemp Wilmington, NC..... February 13, 2010.

    Services, Express

    Pesonnel and Manpower.

    Page 81989

    81,058................... Warren Corporation, Stafford Springs, December 4, 2011.

    Textile Apparel CT.

    Divisions.

    81,064................... VTech Communications, Beaverton, OR...... February 13, 2010.

    Inc., Express and Kelly

    IT.

    81,070................... CVG CS LLC, Seating Tellico Plains, TN. February 13, 2010.

    Division, including on-

    site leased workers from

    Staffmark.

    81,076................... Amphenol Aerospace Sidney, NY......... February 13, 2010.

    Corporation, Superior

    Technical Resource,

    Staffworks, Adecco and

    Manpower.

    81,080................... The Travelers Indemnity Glens Falls, NY.... February 13, 2010.

    Company, Personal

    Insurance Division, Tele-

    Workers to this Location.

    81,085................... Western United Life Spokane, WA........ February 13, 2010.

    Assurance Company,

    Global Life Holdings,

    LLC, Insurance

    Administration, etc.

    81,091................... Sperian Protection Middletown, CT..... February 13, 2010.

    Instrumentation LLC,

    Honeywell International,

    Spherion Staffing

    Services, Manpower, etc.

    81,095................... Sanyo Manufacturing Forrest City, AR... December 31, 2011.

    Corporation, Sanyo

    Electric Division,

    Panasonic Corporation.

    81,095A.................. Leased Workers From G4S Forrest City, AR... February 13, 2010.

    (Wackenhut) and Ozark

    Motor Lines, Working On-

    Site at Sanyo

    Manufacturing

    Corporation.

    81,099................... Brake Parts, Inc., Brake Waupaca, WI........ February 13, 2010.

    and Chassis Division,

    Affinia Group, Nicolet

    Staffing.

    81,103................... Kerry, Inc., Kerry Kent, WA........... February 13, 2010.

    Holding Co., Express

    Personnel, Aerotek and

    Command Staffing.

    81,108................... Mayville Products Mayville, WI....... February 13, 2010.

    Corporation, QPS

    Employment Group.

    81,111................... Ametek National Controls West Chicago, IL... October 9, 2011.

    Corporation,

    Instrumentation and

    Specialty, Ametek, Staff

    Force and Manpower.

    81,111A.................. First Choice Staffing, West Chicago, IL... February 13, 2010.

    Ametek National

    Controls,

    Instrumentation and

    Specialty Controls

    Division.

    81,123................... Dana Holding Corporation, Marion, IN......... June 10, 2010.

    Light Vehicle Division,

    Manpower and Experis.

    81,123A.................. Leased Workers From Marion, IN......... February 13, 2010.

    Experis, Working On-Site

    at Dana Holding

    Corporation.

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    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

    ----------------------------------------------------------------------------------------------------------------

    80,517................... A.G. Simpson (USA), Inc., Shreveport, LA..... October 13, 2010.

    Shreveport Plant, Career

    Adventures.

    80,521................... Billhorn Converters, LLC, Kalama, WA......... October 12, 2010.

    Northweat Division,

    Express Employment.

    80,531................... PPG Industries, Inc., Shreveport, LA..... October 18, 2010.

    Automotive Coatings,

    Belcan and Aerotek,

    Working On-Site at

    General Motors.

    81,008................... Lintelle Engineering, Scotts Valley, CA.. February 13, 2010.

    Inc., Kelly Services.

    81,121................... Third Degree Graphics.... Ventura, CA........ February 13, 2010.

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    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 firm Location Impact date

    ----------------------------------------------------------------------------------------------------------------

    80,347................... Pension Systems Sherman Oaks, CA. .....................................

    Corporation.

    80,352................... Penske Logistics, LLC,, El Paso, TX. .....................................

    General Electric/Penske,

    El Paso Distribution,

    Warehouse Division.

    80,447................... Dell USA LP, Dell, Inc., Round Rock, TX. .....................................

    Support for Internal

    Services/Financial,

    Applications, etc..

    80,476................... Wells Fargo Bank, N.A., Bethlehem, PA. .....................................

    Auto Finance Collections

    Group.

    80,511................... Specialty Bar Products Blairsville, PA. .....................................

    Company, Doncasters,

    Inc..

    80,533................... Champion Photochemistry.. Rochester, NY. .....................................

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    Page 81990

    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 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.

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    TA-W No. Subject firm Location Impact date

    ----------------------------------------------------------------------------------------------------------------

    81,148................... Wells Fargo.............. San Francisco, CA. .....................................

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    I hereby certify that the aforementioned determinations were issued during the period of December 12, 2011 through December 16, 2011. These determinations are available on the Department's Web site at tradeact--

    taa/taa--search--form.cfm under searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at (888) 365-6822.

    Dated: December 20, 2011.

    Michael W. Jaffe,

    Certifying Officer, Office of Trade Adjustment Assistance.

    FR Doc. 2011-33327 Filed 12-28-11; 8:45 am

    BILLING CODE 4510-FN-P

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