Determinations Regarding Eligibility to Apply for Worker and Alternative Trade Adjustment Assistance

Federal Register: March 3, 2009 (Volume 74, Number 40)

Notices

Page 9277-9279

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr03mr09-93

DEPARTMENT OF LABOR

Employment and Training Administration

Notice of Determinations Regarding Eligibility To Apply for

Worker Adjustment Assistance and Alternative Trade 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 (TA-W) number and alternative trade adjustment assistance (ATAA) by (TA-W) number issued during the period of February 9 through February 13, 2009.

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. Section (a)(2)(A) all of the following must be satisfied:

    1. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the 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 or subdivision have decreased absolutely; and

    3. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or

  2. Section (a)(2)(B) both of the following must be satisfied:

    1. A significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated;

    2. There has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and

    3. One of the following must be satisfied: 1. The country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United

    States; 2. The country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference

    Act, African Growth and Opportunity Act, or the Caribbean Basin

    Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision.

    Also, in order for an affirmative determination to be made for secondarily affected 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(b) of the Act must be met.

    (1) 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;

    (2) The workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and

    (3) Either--

    (A) The workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers' firm; or

    (B) A loss or business by the workers' firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers' separation or threat of separation.

    In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment

    Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry (i.e., conditions within the industry are adverse).

    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.

    TA-W-64,881; Dalmar Precision, Inc., Saegertown, PA: January 13, 2008.

    The following certifications have been issued. The requirements of

    Section 222(a)(2)(B) (shift in production) of the Trade Act have been met.

    None.

    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.

    None.

    The following certifications have been issued. The requirements of

    Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met.

    None.

    Affirmative Determinations for Worker Adjustment Assistance and

    Alternative 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) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

    TA-W-64,278; Purcell Systems, Spokane Valley, WA: October 13, 2007.

    TA-W-64,584; Master Brand Cabinets, Leased Workers from Express

    Personnel, Grants Pass, OR: November 24, 2007.

    TA-W-64,922; International Staple & Machine Co., Butler, PA: January 18, 2009.

    TA-W-64,924; Phelps Dodge Chino, Inc., Freeport-McMoran Corp, Hurley,

    NM: January 15, 2008.

    TA-W-65,106; Wilson Sporting Goods, Team Sports Division, Sparta, TN:

    January 26, 2008.

    Page 9278

    TA-W-65,090; eGene, Inc., A QianGen Company, Irvine, CA: January 9, 2008.

    TA-W-64,501; Masterbrand Cabinets, Fortune Brands, Richmond, IN:

    October 26, 2007.

    TA-W-64,610; Synthetics Finishing Div., Longview Plant, TSG, Inc,

    Hickory, NC: December 1, 2007.

    TA-W-64,659; Crane Composites, Grand Junction, TN: December 11, 2007.

    TA-W-64,697; Tower Automotive Operations USA III, Inc., Peoplelink,

    Traverse City, MI: December 15, 2007.

    TA-W-64,700; W.K. Industries, Inc., Sterling Heights, MI: December 11, 2007.

    TA-W-64,807; Versa Die Cast, Inc., ASSAP Staffing, Golden Employment &

    Award, New Hope, MN: December 31, 2007.

    TA-W-64,816; Northwest Aluminum Specialties, The Dalles, OR: December 19, 2009.

    TA-W-64,854; United Knitting LP, Mallen Industries, Optimum Staffing,

    Cleveland, TN: January 9, 2008.

    TA-W-64,915; Mahle Clevite, Inc., Churubusco, IN: December 17, 2007.

    TA-W-64,935; Baker Hosiery, Inc., Fort Payne, AL: January 20, 2008.

    TA-W-65,007; Herringbone Shirt Manufacturing Co., LLC, Fall River, MA:

    January 26, 2008.

    TA-W-65,037; Chrysler LLC, Warren Truck Assembly Plant, Warren, MI:

    January 21, 2008.

    TA-W-65,067; Lite-Foot Hosiery, Inc., Fort Payne, AL: January 30, 2008.

    The following certifications have been issued. The requirements of

    Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

    TA-W-64,568; JCIM, US-LLC, Formerly Known as Engineered Products,

    Chicago, IL: November 7, 2007.

    TA-W-64,654; Viasystems Milwaukee, Inc., 1st ST NW., Aerotek, Argus

    Tech, Custom Staffing, etc, Oak Creek, WI: December 10, 2007.

    TA-W-64,873; Rohm and Haas Company, Louisville, KY: January 7, 2008.

    TA-W-64,887; Pall Life Sciences, A Division of Gelman Sciences, Ann

    Arbor, MI: March 3, 2009.

    TA-W-64,888; Schaeffler Group USA, Inc., Industrial Segment,

    Spartanburg, SC: January 13, 2008.

    TA-W-64,914; M&Q Plastic Products, North Wales, PA: January 12, 2008.

    TA-W-64,945; InterMetro Industries Corp., A Subsidiary of Emerson

    Electric Company, Wilkes-Barre, PA: January 21, 2008.

    TA-W-64,946; AbitibiBowater, Inc., Calhoun Operations, Calhoun, TN:

    January 2, 2008.

    TA-W-64,951; Daimler Trucks North America, Portland Truck Plant,

    Portland, OR: January 21, 2008.

    TA-W-64,966; Camera Dynamics, Inc., A Division of Oconner Engineering,

    Costa Mesa, CA: January 20, 2009.

    TA-W-64,973; Elcom, Inc., Yazaki International Corp, El Paso, TX:

    February 22, 2009.

    TA-W-64,975; Shell Sands, Inc., Cleveland, OH: January 5, 2008.

    TA-W-64,987; Veyance Technologies, Inc., Formerly Goodyear Tire and

    Rubber, Engineered Prod, Lincoln, NE: February 24, 2009.

    TA-W-65,025; A.O. Smith Corporation, Electrical Products Division,

    Mebane, NC: January 10, 2009.

    TA-W-65,134; Key Safety Restraint Systems, Knoxville Division,

    Knoxville, TN: February 3, 2008.

    TA-W-64,701; Atmel Corporation, Test Department, Colorado Springs, CO:

    December 3, 2007.

    TA-W-64,860; The Modesto Bee Newspaper, AD Production Group, Modesto,

    CA: January 7, 2008.

    TA-W-64,942; Bestop, Inc., Broomfield, CO: January 24, 2009.

    TA-W-65,027; Davis-Standard LLC, Pawcatuck, CT: January 27, 2008.

    TA-W-65,119; Whatman, A Subsidiary of GE Healthcare, Sanford, ME:

    February 3, 2008.

    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) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

    TA-W-64,642; Johnstown Wire Technologies, Johnstown, PA: December 9, 2007.

    TA-W-64,713; Frontier Yarns, LLC, Manufacturing Facility #81, Wetumpka,

    AL: December 16, 2007.

    TA-W-64,790; Futaba Indiana of America, Vincennes, IN: December 29, 2007.

    TA-W-64,831A; ATC Panels, Inc., Corporate Office, Greenwood, IN:

    January 7, 2008.

    TA-W-64,831B; ATC Panels, Inc., Corporate Office, Hickory, NC: January 7, 2008.

    TA-W-64,831C; ATC Panels, Inc., Corporate Office, Lititz, PA: January 7, 2008.

    TA-W-64,831D; ATC Panels, Inc., Corporate Office, Granger, IN: January 7, 2008.

    TA-W-64,831E; ATC Panels, Inc., Corporate Office, Berkley Heights, NJ:

    January 7, 2008.

    TA-W-64,831F; ATC Panels, Inc., Corporate Office, Gainesville, GA:

    January 7, 2008.

    TA-W-64,831; ATC Panels, Inc., Corporate Office, Morrisville, NC:

    January 7, 2008.

    TA-W-65,022; HS Spring of Ohio, Jefferson, OH: January 27, 2008.

    TA-W-65,088; Snoke Special Products Co., Inc., Jacksonville, TX:

    February 2, 2008.

    The following certifications have been issued. The requirements of

    Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

    None.

    Negative Determinations for Alternative Trade Adjustment Assistance

    In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified.

    The Department has determined that criterion (1) of Section 246 has not been met. The firm does not have a significant number of workers 50 years of age or older.

    TA-W-64,881; Dalmar Precision, Inc., Saegertown, PA.

    The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable.

    None.

    The Department has determined that criterion (3) of Section 246 has not been met. Competition conditions within the workers' industry are not adverse.

    None.

    Negative Determinations for Worker Adjustment Assistance and

    Alternative Trade 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.

    Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA.

    The investigation revealed that criteria (a)(2)(A)(I.A.) and

    (a)(2)(B)(II.A.) (employment decline) have not been met.

    None.

    The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline)

    Page 9279

    and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met.

    None.

    The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met.

    TA-W-64,647; Trane US, Inc., Residential Systems Divisions, Tyler, IN.

    TA-W-64,730; Chrysler LLC, Conner Avenue Assembly Plant, Detroit, OR.

    TA-W-64,840; International Paper, Cleveland Container Plant, Container

    The Americas Division, Cleveland, TN.

    TA-W-64,872; Trinity North American Freightcar, Inc., On-Site Workers from Human Resources Staffing, Springfield, MI.

    TA-W-64,957; Kyocera Wireless Corporation, San Diego, MI.

    The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974.

    TA-W-64,366; Hewlett Packard Company, Design Delivery Organization, San

    Diego, WA.

    TA-W-64,832; Photronics, Boise, NC.

    TA-W-64,965; Honeywell International Systems, Turbo Technologies

    Division, Plymouth, MN.

    TA-W-64,997; Los Angeles Times Communications, Advertising Financial

    Services, Los Angeles, OR.

    TA-W-65,104; Spectrum Industrial Services, Inc., Minneapolis, TN.

    The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA.

    None.

    I hereby certify that the aforementioned determinations were issued during the period of February 9 through February 13, 2009. Copies of these determinations are available for inspection in Room N-5428, U.S.

    Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address.

    Dated: February 23, 2009.

    Linda G. Poole,

    Certifying Officer, Division of Trade Adjustment Assistance.

    FR Doc. E9-4387 Filed 3-2-09; 8:45 am

    BILLING CODE 4510-FN-P

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