Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance
| Published date | 02 March 2020 |
| Citation | 85 FR 12341 |
| Record Number | 2020-04193 |
| Section | Notices |
| Court | Employment And Training Administration,Labor Department |
Federal Register, Volume 85 Issue 41 (Monday, March 2, 2020)
[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12341-12344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04193]
=======================================================================
-----------------------------------------------------------------------
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 January 1, 2020 through January 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) (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));
[[Page 12342]]
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
----------------------------------------------------------------------------------------------------------------
95,276.............. Siltronic Corporation, Portland, OR.................... October 10, 2018.
Siltronic AG, Express
Professionals, Xenium.
95,283.............. Bayou Steel BD Holdings, Harriman, TN.................... October 15, 2018.
LLC, Express
Employment, Cherokee
Millwright and
Mechanical, etc..
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
94,440.............. Wells Fargo Bank NA, West Des Moines, IA............. January 2, 2018.
Wells Fargo Consumer
Banking, Wells Fargo
Home Lending
Organization, etc.
94,440A............. Wells Fargo Bank NA, West Des Moines, IA............. January 2, 2018.
Wells Fargo Consumer
Banking, Wells Fargo
Home Lending
Organization, etc.
94,440B............. Wells Fargo Bank NA, West Des Moines, IA............. January 2, 2018.
Wells Fargo Consumer
Banking, Wells Fargo
Home Lending
Organization, etc.
94,440C............. Wells Fargo Bank NA, West Des Moines, IA............. January 2, 2018.
Corporate Finance,
Enterprise Information
Technology
Organization, etc.
94,440D............. Wells Fargo Bank NA, West Des Moines, IA............. January 2, 2018.
Corporate Finance,
Enterprise Information
Technology
Organization, etc.
94,440E............. Wells Fargo Bank NA, West Des Moines, IA............. January 2, 2018.
Corporate Finance,
Controller
Organization,
Accounting-Controller,
etc.
94,440F............. Wells Fargo Bank NA, Gainesville, FL................. January 2, 2018.
Corporate Finance,
Controller
Organization,
Accounting-Controller,
etc.
94,440G............. Wells Fargo Bank NA, Phoenix, AZ..................... January 2, 2018.
Corporate Finance,
Controller
Organization,
Accounting-Controller,
etc.
94,440H............. Wells Fargo Bank NA, Charlotte, NC................... January 2, 2018.
Corporate Finance,
Controller
Organization,
Accounting-Controller,
etc.
94,440I............. Wells Fargo Bank NA, Minneapolis, MN................. January 2, 2018.
Corporate Finance,
Controller
Organization,
Accounting-Controller,
etc.
94,440J............. Wells Fargo Bank NA, Portland, OR.................... January 2, 2018.
Corporate Finance,
Controller
Organization,
Accounting-Controller,
etc.
94,440K............. Wells Fargo Bank NA, Charlotte, NC................... January 2, 2018.
Corporate Finance,
Controller
Organization,
Accounting-Controller,
etc.
94,440L............. Wells Fargo Bank NA, West Des Moines, IA............. January 2, 2018.
Corporate Finance,
Controller
Organization, Supply
Chain Management, etc.
94,440M............. Wells Fargo Bank NA, West Des Moines, IA............. January 2, 2018.
Corporate Finance,
Enterprise Information
Technology
Organization, etc.
[[Page 12343]]
95,332.............. Barber Steel Foundry Rothbury, MI.................... October 28, 2018.
Corporation, Wabtec
Corporation, Workbox
Staffing LLC, Fast
Track Staffing Inc.
95,358.............. Unilever United States, Englewood Cliffs, NJ............ November 6, 2018.
Manpower.
95,358A............. Unilever United States, Shelton, CT..................... March 2, 2020.
Manpower.
95,358B............. Unilever United States, Suffolk, VA..................... November 6, 2018.
Supply Chain Data
Management, Manpower.
95,381.............. Charles Komar & Sons, Jersey City, NJ................. November 15, 2018.
Inc.
95,384.............. Baptist Healthcare New Albany, IN.................. November 18, 2018.
Systems, Inc., Medical
Coding Group.
95,385.............. Cenveo Worldwide New Albany, IN.................. November 18, 2018.
Limited, Discount
Labels, IT Support
Division.
95,397.............. Carestream Health, Inc., Rochester, NY................... November 20, 2018.
Information Technology,
Datrose, Aerotek,
Miller &
Associates, etc.
95,408.............. Regal Beloit America, Erwin, TN....................... November 21, 2018.
Inc., Regal Beloit
Corporation, Luttrell
Staffing Group.
95,411.............. Amphenol TCS, Amphenol, Nashua, NH...................... November 22, 2018.
Additional Contract
Services, Microtech
Staffing, Triton
Staffing.
95,416.............. Line Pipe Systems LLC, Rancho Cucamonga, CA............ November 22, 2018.
LPS Inc., Research and
Development Division.
95,421.............. Dun & Bradstreet, Inc. Tucson, AZ...................... November 25, 2018.
(D & B), Customer
Service Department, Dun
& Bradstreet
Corporation.
95,422.............. Schneider Electric Ashburn, VA..................... November 25, 2018.
Systems USA Inc.,
Schneider Electric SE,
Volt Funding
Corporation, Artech
Information Systems.
95,469.............. UnitedHealthcare Jeffersonville, IN.............. December 6, 2018.
Services, Inc.,
UnitedHealth Group,
OptumRx, BriovaRx
Specialty Pharmacy, etc.
95,480.............. Panasonic Customer Call Chesapeake, VA.................. December 13, 2018.
Center, Panasonic
Corporation of North
America, Aerotek.
95,494.............. Overland Products Fremont, NE..................... December 18, 2018.
Company, Inc., Premier
Staffing, Inc.
95,501.............. Vivint Solar Developer, Lehi, UT........................ December 19, 2018.
LLC, Vivint Solar, Inc.
----------------------------------------------------------------------------------------------------------------
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 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
----------------------------------------------------------------------------------------------------------------
95,107.............. The Waterbury Screw Waterbury, CT...................
Machine Products
Company.
95,122.............. Conduent State & Local London, KY......................
Solutions Inc.,
Conduent Business
Services, LLC.
95,200.............. Kopin Targeting Scotts Valley, CA...............
Corporation, Kopin
Corporation, Protingent
Staffing.
95,223.............. Pattison Sand Company, Clayton, IA.....................
LLC.
95,286.............. Nestle Dreyer's Ice North Little Rock, AR...........
Cream Company, Direct
Store Delivery, Nestle
USA, Inc.
95,327.............. Nestle Dreyer' Ice Cream Portland, OR....................
Company, Direct Store
Delivery, Nestle USA,
Inc.
95,327A............. Nestle Dreyer's Ice Eugene, OR......................
Cream Company, Direct
Store Delivery, Nestle
USA, Inc.
95,343.............. Smithfield Fresh Meats Newport News, VA................
Corporation, Warehouse
Facility, Smithfield
Foods, WH Group,
Aerotek, Headway
Staffing.
95,425.............. Nestle Dreyer's Ice Bordentown, NJ..................
Cream Company, Direct
Store Delivery, Nestle
USA, Inc.
95,426.............. Nestle Dreyer's Ice Keasbey, NJ.....................
Cream Company, Direct
Store Delivery, Nestle
USA, Inc.
95,435.............. Nestle Dreyer's Ice Tinley Park, IL.................
Cream Company, Direct
Store Delivery, Nestle
USA, Inc.
95,436.............. Nestle Dreyer's Ice Glendale Heights, IL............
Cream Company, Direct
Store Delivery, Nestle
USA, Inc.
95,503.............. The Dress Barn, Inc., Sioux Falls, SD.................
Ascena Retail Group,
Inc.
95,503A............. The Dress Barn, Inc., Rapid City, SD..................
Ascena Retail Group,
Inc.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
95,413.............. Digital Intelligence Glenn Allen, VA.................
Systems, LLC (DISYS).
95,413A............. Digital Intelligence St. Louis, MO...................
Systems, LLC (DISYS).
95,485.............. Comcast Cable Englewood, CO...................
Communications Xfinity,
Security Fusion Center.
----------------------------------------------------------------------------------------------------------------
[[Page 12344]]
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
----------------------------------------------------------------------------------------------------------------
95,372.............. Ferrara Candy Company... Creston, IA.....................
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
95,295.............. Ignite Holdings, LLC.... Winchester, VA..................
95,502.............. Vivint Solar Developer, Lehi, UT........................
LLC, Vivint Solar, Inc.
----------------------------------------------------------------------------------------------------------------
I hereby certify that the aforementioned determinations were issued
during the period of January 1, 2020 through January 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 11th day of February 2020.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2020-04193 Filed 2-28-20; 8:45 am]
BILLING CODE 4510-FN-P
