[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65518-65521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26768]


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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 
October 4, 2010 through October 8, 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

[[Page 65519]]

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
----------------------------------------------------------------------------------------------------------------
73,568..................  Scioto Plastics, LLC........  Franklin Furnace, OH...  February 24, 2009.
73,851..................  Mueller Steam Specialty,      St. Pauls, NC..........  April 5, 2009.
                           Leased Workers from
                           Staffing Alliance, Two Hawk
                           Employment Agency.
74,091..................  Moore Flame Cutting Co......  Sterling Heights, MI...  April 30, 2009.
74,145..................  Briggs and Stratton Corp.,    Murray, KY.............  May 22, 2009.
                           EPPG Div., Adecco.
74,181..................  Cold Spring Granite Company,  Cold Spring, MN........  June 2, 2009.
                           Granite Fabrication
                           Division.
74,238..................  Sitel Operating Corporation,  Winfield, AL...........  June 2, 2009.
                           Sitel Worldwide Corporation.
74,285..................  Invensys Rail Corp.,          Rancho Cucamonga, CA...  June 17, 2009.
                           Safetran Systems
                           Corporation, Ultimate
                           Staffing.
74,542..................  Reiman Media Group, LLC,      Greendale, WI..........  August 18, 2009.
                           Premedia Department.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,548...........................  R.G. Barry Corporation,   Pickerington, OH...  February 12, 2009.
                                    Corporate Headquarters,
                                    Creative Group,
                                    Accounts, etc.

[[Page 65520]]

 
73,814...........................  Triumph Aerostructures,   Grand Prairie, TX..  March 26, 2009.
                                    LLC, Vought Aircraft,
                                    Vought Commercial,
                                    Johnson, etc.
74,150...........................  VMware, IT Applications   Palo Alto, CA......  May 24, 2009.
                                    Group, Subsidiary of
                                    EMC.
74,150A..........................  VMware, Global Support    Palo Alto, CA......  May 24, 2009.
                                    Services Team,
                                    Subsidiary of EMC.
74,325...........................  ExxonMobil Chemical       Macedon, NY........  June 25, 2009.
                                    Company, Films Business
                                    Div., Manpower.
74,359...........................  SuperMedia, LLC, Idearc   Everett, WA........  July 1, 2009.
                                    Media, Publishing
                                    Operation, TCS, ASEC,
                                    OKS.
74,379...........................  Phoenix Technology        Phoenix, AZ........  July 12, 2009.
                                    Center, Mattel, Inc.,
                                    Leased Workers of
                                    Paradigm.
74,418...........................  Husqvarna Outdoor         Texarkana, TX......  June 30, 2009.
                                    Products, Inc.
74,426...........................  International Business    Rochester, MN......  July 22, 2009.
                                    Machines (IBM),
                                    Division 7T, Enterprise
                                    Systems Development.
74,427...........................  Mattel, Inc.,             El Segundo, CA.....  July 20, 2009.
                                    Infrastructure
                                    Services, Pro
                                    Unlimited, Inc.
74,514...........................  AstenJohnson, Inc.,       Clinton, SC........  August 3, 2009.
                                    Leased Workers from SPB
                                    and Associates.
74,539...........................  Harris Corporation,       Chesapeake, VA.....  August 18, 2009.
                                    Broadcast
                                    Communications Division.
74,547...........................  HAVI Logistics, North     Davis, CA..........  August 11, 2009.
                                    America, Havi Group,
                                    LP, Leased Workers from
                                    Office Team.
74,558...........................  United Solar Ovonic.....  Auburn Hills, MI...  August 23, 2009.
74,559...........................  Solo Cup Operating        Springfield, MO....  August 24, 2009.
                                    Corporation, Solo Cup
                                    Company, Pennmac
                                    Staffing.
74,593...........................  Whirlpool Corporation,    Fort Smith, AR.....  October 2, 2010.
                                    Career Solutions, TEC
                                    Staffing.
74,611...........................  Schneider Electric USA,   Knightdale, NC.....  August 27, 2009.
                                    Volt Workforce
                                    Solutions.
74,612...........................  Covidien, Accounts        Mansfield, MA......  September 8, 2009.
                                    Payable Department,
                                    Kelly Services.
74,620...........................  AMB Property, L.P.,       Boston, MA.........  September 10, 2009.
                                    Property Accounting
                                    Group.
74,628...........................  Di-Pro, Inc., Bendix-     Fresno, CA.........  September 9, 2009.
                                    Spicer/Knorr-Bremse,
                                    Select.
74,642...........................  Covidien, Tyco            Watertown, NY......  September 17, 2010.
                                    Healthcare Group LP,
                                    Medical Supplies, Kelly
                                    Serv.
74,665...........................  Aegon USA, dba            Chattanooga, TN....  September 20, 2009.
                                    Transamerica Life
                                    Insurance Company.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,436..................  Faurecia Automotive Seating,  Troy, MI...............  July 6, 2009.
                           Troy Technical Center,
                           Reliance One, Trialon, EHD,
                           etc.
----------------------------------------------------------------------------------------------------------------

    The following certifications have been issued. The requirements of 
Section 222(c) (downstream producer for 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
----------------------------------------------------------------------------------------------------------------
73,913..................  VersaLogic Corporation,       Eugene, OR.............  April 12, 2009.
                           Leased Workers from Barrett
                           Business Services and
                           Adecco.
74,305..................  Hanesbrands, Inc., Annapolis  Winston-Salem, NC......  June 18, 2009.
                           Drive Facility.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
73,773..................  V and S Detroit Galvanizing,  Redford, MI
                           LLC, Voigt and Schweitzer,
                           LLC
74,623..................  Frost Controls, Inc.........  Smithfield, RI
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,551..................  Vaughan Furniture Company...  Galax, VA
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 65521]]



----------------------------------------------------------------------------------------------------------------
        TA-W No.                  Subject firm                  Location                   Impact date
----------------------------------------------------------------------------------------------------------------
72,493..................  Ananke, Inc.................  Providence, RI
74,291..................  South Central Workforce       West Plains, MO
                           Investment Board, Ozark
                           Action, Inc.
----------------------------------------------------------------------------------------------------------------

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 petitioner has requested that the petition be withdrawn.

----------------------------------------------------------------------------------------------------------------
        TA-W No.                  Subject firm                  Location                   Impact date
----------------------------------------------------------------------------------------------------------------
74,544..................  3M IMTEC....................  Ardmore, OK
74,616..................  Orbotech, Inc., A workers     Redmond, WA
                           working on-site at TTM
                           Technologies.
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
        TA-W No.                  Subject firm                  Location                   Impact date
----------------------------------------------------------------------------------------------------------------
74,488..................  Computer Sciences             Newark, DE
                           Corporation (CSC).
74,496..................  Hallmark Cards, Inc.........  Kansas City, MO
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,103..................  WellPoint, Inc., Doing        Denver, CO
                           business as Blue Cross/Blue
                           Shield.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of October 4, 2010 through October 8, 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 Web site at http://www.doleta.gov/tradeact under 
the searchable listing of determinations.

    Dated: October 15, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-26768 Filed 10-22-10; 8:45 am]
BILLING CODE 4510-FN-P