[Federal Register Volume 75, Number 178 (Wednesday, September 15, 2010)]
[Notices]
[Pages 56141-56145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22922]


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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

[[Page 56142]]

during the period of August 23, 2010 through August 27, 2010.
    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 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.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                     Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
73,873.......................  Teleperformance USA            Salt Lake City, UT......  March 30, 2009.
                                Corporation, TPUSA, Inc.
73,873A......................  Teleperformance USA            Lindon, UT..............  March 30, 2009.
                                Corporation, TPUSA, Inc.
73,903.......................  Owens-Illinois, Inc., Leased   Clarion, PA.............  April 9, 2009.
                                Workers from Manpower, Inc.

[[Page 56143]]

 
73,982.......................  Smiths Medical PM, Inc.,       Waukesha, WI............  April 14, 2009.
                                Leased Workers from Aerotek
                                and Spherion.
74,133.......................  Time Sensitive Circuits......  Amesbury, MA............  May 20, 2009.
74,171.......................  Waytec Electronics             Lynchburg, VA...........  May 27, 2009.
                                Corporation, Leased Workers
                                from Alpha Omega, Kelly
                                Services, and ManPower.
74,237.......................  Temple-Inland................  Evansville, IN..........  June 7, 2009.
74,279.......................  Soo Tractor Sweeprake Company  Sioux City, IA..........  June 12, 2009.
74,357.......................  Cinram Distribution, LLC,      Simi Valley, CA.........  July 7, 2009.
                                Cinram International; Simi
                                Valley Distribution Center;
                                Leased Workers, 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.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                     Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
72,869.......................  Dell, Inc., Global Command     Oklahoma City, OK.......  November 11, 2008.
                                Center and Proactive
                                Maintenance Divisions;
                                Leased Workers, etc.
73,153.......................  Kimberly-Clark Global Sales,   Neenah, WI..............  December 18, 2008.
                                Inc., Kimberly-Clark
                                Corporation; Leased Workers
                                from Stafflogix Corporation.
73,153A......................  Kimberly-Clark Worldwide,      Neenah, WI..............  December 18, 2008.
                                Inc., Kimberly-Clark
                                Corporation; Leased Workers
                                from Stafflogix Corporation.
73,657.......................  SunGard Public Sector,         Lake Mary, FL...........  March 5, 2009.
                                SunGard Data Systems.
73,809.......................  Hewlett Packard/EDS, Primary   Cincinnati, OH..........  March 19, 2009.
                                Delivery Engineer Unit,
                                Working On-Site At Proctor &
                                Gamble.
73,909.......................  International Business         Mechanicsburg, PA.......  March 29, 2009.
                                Machines (IBM), Service
                                Parts Organizations.
74,141.......................  Affiliated Computer Services,  Dallas, TX..............  May 24, 2009.
                                Inc., Xerox Corporation,
                                Workers of ACS Application
                                Management Services, etc.
74,156.......................  Mattel, Inc., Global           City of Industry, CA....  May 17, 2009.
                                Logistics Org., Distribution
                                Center, Leased Workers
                                Select Staffing.
74,164.......................  International Business         Greenville, SC..........  May 26, 2009.
                                Machines (IBM), Global
                                Technology Services Delivery
                                Division.
74,185.......................  LF USA, Inc., Li & Fung        New York, NY............  May 21, 2009.
                                Limited, Leased Workers from
                                Winston Staffing.
74,319.......................  RR Donnelley, Digital          Pontiac, IL.............  June 29, 2009.
                                Solutions Center Division.
74,336.......................  Polaris Industries, Leased     Osceola, WI.............  June 28, 2009.
                                Workers from Westaff.
74,368.......................  Novartis Pharmaceuticals       East Hanover, NJ........  July 9, 2009.
                                Corporation, Electronic Data
                                Management Division; Leased
                                Workers from RCM
                                Technologies, etc.
74,386.......................  Goodyear Tire & Rubber         Tyler, TX...............  June 30, 2009.
                                Company, Tyler Plant; Leased
                                Workers Unicco Contracted
                                Services and Kelly Services.
74,413.......................  McGuire Furniture Company,     San Francisco, CA.......  July 8, 2009.
                                Kohler Co., Leased Workers
                                from Manpower and Ajilon.
74,465.......................  Harman Consumer, Inc.,         Northridge, CA..........  August 2, 2009.
                                Engineering Department;
                                Division of Harman
                                International Industries,
                                Inc..
74,472.......................  EMC Corporation, Information   Research Triangle Park,   July 30, 2009.
                                Infrastructure Products,       NC.
                                Ionix Software Engineers.
74,472A......................  EMC Corporation, Information   Hopkinton, MA...........  July 30, 2009.
                                Infrastructure Products,
                                Ionix Software Engineers.
74,473.......................  EMC Corporation, Information   Alexandria, VA..........  July 30, 2009.
                                Infrastructure Products,
                                Ionix Software Engineers.
74,474.......................  EMC Corporation, Information   Berkeley Heights, NJ....  July 30, 2009.
                                Infrastructure Products;
                                Ionix Software Engineers;
                                etc.
74,479.......................  EMC Corporation, Information   Richardson, TX..........  July 30, 2009.
                                Infrastructure Products;
                                Ionix Software Engineers.
74,480.......................  EMC Corporation, Information   White Plains, NY........  July 30, 2009.
                                Infrastructure Products;
                                Ionix Software Engineers.
74,503.......................  Road 9, Inc., Leased Workers   Greenwood Village, CO...  August 10, 2009.
                                From TPA-Administaff
                                Companies II, LP.
74,523.......................  RR Donnelley, Digital          Glasgow, KY.............  August 11, 2009.
                                Solutions Center Division;
                                Leased Workers from Quality
                                Personnel.
74,531.......................  Anthem Insurance Companies,    Mason, OH...............  August 13, 2009.
                                Inc., Wellpoint, Finance
                                Accounting, Leased Workers
                                from Rogert Half/Accounting
                                etc.
----------------------------------------------------------------------------------------------------------------

    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.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                     Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
73,610.......................  Visteon Corporation,           Springfield, OH.........  March 2, 2009.
                                Springfield Plant; Leased
                                Workers MSX International,
                                Adecco, Manpower.
----------------------------------------------------------------------------------------------------------------


[[Page 56144]]

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.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                     Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
73,335.......................  Arvin Technologies, Inc......  Troy, MI.                 ........................
73,335A......................  ArvinMeritor, Inc............  Troy, MI.                 ........................
----------------------------------------------------------------------------------------------------------------

    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.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                     Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
74,235.......................  RSG Forest Products, Inc.....  Kalama, WA.               ........................
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,045.......................  Techline, USA, Leased Workers  Waunakee, WI.             ........................
                                from Express Employment
                                Professionals.
73,137.......................  Loadcraft Industries, Ltd....  Brady, TX.                ........................
73,479.......................  Enesco, LLC, Gund Division,    Edison, NJ.               ........................
                                Distribution Center.
73,508.......................  Wausau Window And Wall         Wausau, WI.               ........................
                                Systems, A Subsidiary of
                                Apogee Enterprises, Inc.
73,551.......................  RMC Pacific Materials, Inc.,   Davenport, CA.            ........................
                                Cemex, Inc.
73,685.......................  Northwestern Tool & Die, LLC.  Vernon Hills, IL.         ........................
73,815.......................  Colfax Envelope Corporation..  Buffalo Grove, IL.        ........................
74,079.......................  San Francisco Chronicle,       Union City, CA.           ........................
                                Hearst Communications,
                                Leased Workers from
                                Correstaff, etc.
74,089.......................  The Eastridge Group of         San Diego, CA.            ........................
                                Staffing Companies,
                                Contractors & Builders
                                Division; Bosa Holding, Inc.
74,118.......................  Ach Food Company, Inc........  Jacksonville, IL.         ........................
74,192.......................  KDH Defense Systems,           Waynesburg, PA.           ........................
                                Incorporated.
74,375.......................  Wisconsin Bell, Inc., Doing    Milwaukee, WI.            ........................
                                Business As Wisconsin Bell;
                                Consumer Centers Sales and
                                Services.
74,458.......................  Smart-Sox, Inc...............  Thomasville, NC.          ........................
74,462.......................  US Airways, Inc., Port         Columbus, OH.             ........................
                                Columbus, Fleet Services.
----------------------------------------------------------------------------------------------------------------

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 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
----------------------------------------------------------------------------------------------------------------
74,475.......................  EMC Corporation, Information   Berkeley Heights, NJ.     ........................
                                Infrastructure Products,
                                Ionix Software Engineers.
74,476.......................  EMC Corporation, Information   Colorado Springs, CO.     ........................
                                Infrastructure Products,
                                Ionix Software Engineers.
74,477.......................  EMC Corporation, Information   Colorado Springs, CO.     ........................
                                Infrastructure Products,
                                Ionix Software Engineers.
----------------------------------------------------------------------------------------------------------------

    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.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                     Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
74,478.......................  EMC Corporation, Information   Duluth, GA.               ........................
                                Infrastructure Products,
                                Ionix Software Engineers.

[[Page 56145]]

 
74,535.......................  The TriZetto Group, Inc......  Greenwood Village, CO.    ........................
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of August 23, 2010 through August 27, 2010. Copies of 
these determinations may be requested under the Freedom of Information 
Act. Requests may be submitted by fax, courier services, or mail to 
FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 
20210 or [email protected]. These determinations also are available 
on the Department's website at http://www.doleta.gov/tradeact under the 
searchable listing of determinations.

    Dated: September 3, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-22922 Filed 9-14-10; 8:45 am]
BILLING CODE 4510-FN-P