Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

 
CONTENT

Federal Register, Volume 77 Issue 76 (Thursday, April 19, 2012)

Federal Register Volume 77, Number 76 (Thursday, April 19, 2012)

Notices

Pages 23509-23511

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

FR Doc No: 2012-9431

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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 April 2, 2012 through April 6, 2012.

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 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

    Page 23510

    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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    81,092..................... Cordis Corporation, Miami Lakes, FL...... August 7, 2011.

    Subsidiary of Johnson &

    Johnson, Kelly Services

    Leased Workers.

    81,092A.................... Leased Workers On Site at Miami Lakes, FL...... February 13, 2010.

    Cordis Corporation, Aten

    Solutions, Accureg, Acro,

    Advanced Energy Sysytems,

    APC Workforce, etc.

    81,116..................... Clariant Corporation, Martin, SC........... February 13, 2010.

    Austin Industrial, Fluor

    Enterprises & Securitas

    Security Services USA.

    81,189..................... Tecumseh Compressor Ann Arbor, MI........ February 13, 2010.

    Company, North American

    Compressor Engineering

    Group, Tecumseh Product,

    Manpower.

    81,189A.................... Tecumseh Compressor Tecumseh, MI......... February 13, 2010.

    Company, North American

    Compressor Engineering

    Group, Tecumseh Product,

    Manpower.

    81,224..................... Catawissa Wood and Elysburg, PA......... August 18, 2011.

    Components, Inc..

    81,278..................... Milprint Packaging, LLC, Newark, CA........... February 13, 2010.

    Bemis Flexible Packaging.

    81,329..................... Somerset Foundries, A Somerset, PA......... February 14, 2011.

    Subsidiary of

    Consolidated Industries,

    Inc.

    81,360..................... Robert Bosch LLC, St. St. Joseph, MI....... February 25, 2012.

    Joseph Plant (JPP), BMSN

    Stratosphere Quality,

    LLC, Allied Barton, etc.

    81,379..................... Manpower Staffing Agency, Phoenix, AZ.......... February 3, 2011.

    Working On-Site at

    International Business

    Machines (IBM).

    81,437..................... The Wise Company, People Rector, AR........... March 19, 2011.

    Source.

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    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

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    81,289..................... Transcom Worldwide (US) Lafayette, LA........ February 1, 2011.

    Inc., Transcom Worldwide

    S.A., A Luxembourg

    Company.

    81,292..................... Siemens Medical Solutions, Concord, CA.......... February 1, 2011.

    USA, Inc., Oncology Care

    Systems (Radiation

    Oncology), Source Right

    Solutions.

    81,297..................... Samsung Information San Jose, CA......... February 3, 2011.

    Systems America, Inc.,

    Hard Disk Drive Lab,

    Secure Talent Leased

    Workers.

    81,298..................... Syniverse Technologies, Watertown, MA........ February 6, 2011.

    Inc..

    81,338..................... GlaxoSmithKline LLC, East Durham, NY...... February 15, 2011.

    Global Manufacturing and

    Supply Division,

    Manpower, Strategic

    Resources etc.

    81,368..................... CitiGroup Technology, Inc. Tampa, FL............ February 24, 2011.

    (CTI), Financial

    Reporting Operations,

    Citigroup, Inc., Adecco,

    Advantage, etc.

    81,393..................... Trim Systems Operating Statesville, NC...... March 1, 2011.

    Corp., A Subsidiary of

    Commercial Vehicle Group,

    Staffmark Statesville.

    81,400..................... North American Duncansville, PA..... February 27, 2011.

    Communications, Inc.,

    Spherion and Advantage

    Resource Group.

    81,422..................... Thermo Fisher Scientific Milwaukee, WI........ March 14, 2011.

    Milwaukee, LLC, Molecular

    Biology Reagents

    Division, Adecco Leased

    Workers.

    81,450..................... Schneider Electric, Seneca, SC........... December 10, 2011.

    Including On-Site Leased

    Workers From Volt

    Workforce Solutions.

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    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.

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    TA-W No. Subject firm Location Impact date

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    81,381..................... Coplas, Inc., A Tiercon Shreveport, LA....... March 1, 2011.

    Corp. and AGS USA

    Affiliate.

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    Page 23511

    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)(i) (decline in sales or production, or both) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met.

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    TA-W No. Subject firm Location Impact date

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    81,383..................... Impact Confections, SOS Roswell, NM..........

    Staffing.

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    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.

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    TA-W No. Subject firm Location Impact date

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    81,264..................... Phillips-Van Heusen New York, NY.........

    Corporation, Izod Women's

    Wholesale Division.

    81,268..................... Follansbee Steel, Louis Follansbee, WV.......

    Berkman Company, Louis

    Berkman LLC WV.

    81,313..................... Wyatt VI, Inc., A Division Christiansted, VI....

    of Wyatt Field Service

    Company, On Site at

    Hovensa Oil Refinery.

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    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 USC 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.

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    TA-W No. Subject firm Location Impact date

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    81,088..................... Unilin Flooring NC, LLC... Holden, WV...........

    81,369..................... Versatile Entertainment, Los Angeles, CA......

    Inc..

    81,418..................... Fortis Plastics LLC....... Wilmington, OH.......

    81,452..................... T-Mobile USA, Inc......... Redmond, OR..........

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    The following determinations terminating investigations were issued in cases where these petitions were not filed in accordance with the requirements of 29 C.F.R. 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

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    81,093..................... Platinum Ribbon Packaging, Port Washington, NY..

    Inc..

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    I hereby certify that the aforementioned determinations were issued during the period of April 2, 2012 through April 6, 2012. These determinations are available on the Department's Web site tradeact/taa/taa search form.cfm.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll-free at 888-365-6822.

    Dated: April 12, 2012.

    Michael W. Jaffe,

    Certifying Officer, Office of Trade Adjustment Assistance.

    FR Doc. 2012-9431 Filed 4-18-12; 8:45 am

    BILLING CODE 4510-FN-P