Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

 
CONTENT

Federal Register, Volume 77 Issue 75 (Wednesday, April 18, 2012)

Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)

Notices

Pages 23288-23291

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

FR Doc No: 2012-9246

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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 March 26, 2012 through March 30, 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.

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

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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.

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TA-W No. Subject firm Location Impact date

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81,237................ TRG Customer Charleston, WV.................. February 13, 2010.

Solutions, Inc..

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

Consolidated

Industries, Inc..

81,339................ Asta, Inc., Augusta Waynesboro, GA.................. January 27, 2011.

Staffing Agency.

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

Agency, Working On-

Site at

International

Business Marchines

(IBM).

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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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81,128................ MedQuist/M*Modal, Franklin, TN.................... February 13, 2010.

Teleworkers, Vaco,

CSI, Robert Half,

Matrix, Apex,

Topnotch Teksystems,

etc.

81,289................ Transcom Worldwide Catharines Ontario Canada, L2R February 1, 2011.

(US) Inc., Transcom 7G1, LA.

Worldwide S.A., A

Luxembourg Company.

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

Solutions, 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.

Page 23290

81,323................ UBS Financial Nashville, TN................... February 10, 2011.

Services, Inc.,

UBSFS, Wealth

Management Americas,

WMA Operations, UBS

Americas, etc.

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

Global Manufacturing

and Supply Division,

Manpower, Strategic

Resources etc.

81,342................ GrafTech Anmoore, WV..................... October 23, 2011.

International

Holdings, Inc.,

Engineered Solutions

Division.

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

Inc. (CTI),

Financial Reporting

Operations,

Citigroup, Inc.,

Adecco, Advantage,

etc.

81,392................ DSI-ITI, LLC, Global Altoona, PA..................... March 5, 2011.

Tel*Link

Corporation,

Manpower and

Professional

Staffing Solutions.

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

Scientific

Milwaukee, LLC,

Molecular Biology

Reagents Division.

81,426................ Dixtal Medical, Inc, Wallingford, CT................. March 16, 2011.

Philips Healthcare,

CT Personnel Co.,

Randstad US.

81,429................ ICL Performance Carteret, NJ.................... March 19, 2011.

Products LP, ICL

Performance

Products, Inc.

81,438................ Emporia Foundry, Emporia, VA..................... March 13, 2011.

Campbell Foundry.

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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 criterion under paragraph (a)(1), or (b)(1), or (c)(1)(employment decline or threat of separation) of section 222 has not been met.

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TA-W No. Subject firm Location Impact date

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81,401................ JP Morgan Chase & Brooklyn, NY....................

Co., Investment Bank-

IBSO, Dividend

Department.

81,424................ VF Americas Sourcing, Plantation, FL..................

VF Services, Inc.,

VF Corporation.

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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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81,025................ Dendreon Corporation, Seattle, WA. ...............................

LabTemps, Ajlon and

Parmalogics

Recruiting.

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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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81,253................ Sears Holding Hoffman Estates, IL. ...............................

Management

Corporation, Sears

Holding Corporation.

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

Louis Berkman

Company, Louis

Berkman LLC WV.

81,344................ Creditron Financial Erie, PA. ...............................

Corporation, d/b/a

Telatron Marketing

Group.

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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 U.S.C. 2271), the Department initiated investigations of these petitions.

The following determinations terminating investigations were issued because the petitioning groups of workers are covered by active certifications. Consequently, further investigation in these cases would serve no purpose since the petitioning group of workers cannot be covered by more than one certification at a time.

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TA-W No. Subject firm Location Impact date

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81,398................ Pratt and Whitney, East Hartford, CT. ...............................

United Technologies

Corporation, Far

Group and

Experimental Test

Group.

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Page 23291

I hereby certify that the aforementioned determinations were issued during the period of March 26, 2012 through March 30, 2012. These determinations are available on the Department's Web site tradeact/taa/

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

365-6822.

Dated: April 5, 2012.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

FR Doc. 2012-9246 Filed 4-17-12; 8:45 am

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