[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75699-75702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30464]


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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 
November 15, 2010 through November 19, 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

[[Page 75700]]

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
----------------------------------------------------------------------------------------------------------------
73,462....................  Fantasy Activewear, Inc...  Vernon, CA...........  February 4, 2009.
74,572....................  Metal Powder Products.....  St. Marys, PA........  August 26, 2009.
74,824....................  Electrolux International    Pittsburgh, PA.......  October 29, 2009.
                             Company.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,696....................  Deloitte Financial          Houston, TX..........  May 27, 2008.
                             Advisory Services LLP,
                             Deloitte and Touche.
73,928....................  Meyer Stamping &            Fort Wayne, IN.......  April 5, 2009.
                             Manufacturing, Inc.,
                             Duffy Tool & Stamping,
                             Brittany Stamping, Leased
                             Wkrs Staffmark.
74,129....................  Vertafore, Leased Workers   College Station, TX..  May 19, 2009.
                             from Kelly Services.
74,286....................  Pearson Education,          Glenview, IL.........  June 8, 2009.
                             Curriculum Group
                             Division; Pearson, Inc.;
                             Leased Workers from
                             Corestaff.
74,675....................  International Business      Hartford, CT.........  August 27, 2009.
                             Machines (IBM), The
                             Hartford Insurance
                             Company.
74,675A...................  International Business      Simsbury, CT.........  August 27, 2009.
                             Machines (IBM), The
                             Hartford Insurance
                             Company.
74,711....................  Silicon Valley Community    San Jose, CA.........  September 14, 2009.
                             Newspapers, Community
                             Newspapers, LLC;
                             Production.
74,728....................  Dresser Incorporated, Flow  Avon, MA.............  October 8, 2009.
                             Technologies Division.
74,761....................  Miller Curtain Company,     San Antonio, TX......  October 14, 2009.
                             Inc..
74,770....................  Journal Register Company,   Pontiac, MI..........  October 20, 2009.
                             Oakland Press Division;
                             Leased Wkrs from Express
                             Employment Professionals.
74,770A...................  Journal Register Company,   Mt. Pleasant, MI.....  October 20, 2009.
                             Morning Star Division;
                             Leased Workers from
                             Express Employment
                             Professionals.
74,782....................  American Bankers Insurance  Miami, FL............  October 25, 2009.
                             Co., dba Assurant
                             Specialty Property,
                             Leased Wkrs from
                             Teksystems, Kforce, etc.
74,799....................  Brake Parts, Inc., a        Litchfield, IL.......  November 19, 2010.
                             Division of Affinia
                             Group, Inc.
74,814....................  Elopak, Inc., Elopak A.S.,  New Hudson, MI.......  October 18, 2009.
                             Leased workers Lab
                             Support, Venator, Lunch
                             Specialist.
74,829....................  Chamberlain Access          Tucson, AZ...........  October 28, 2009.
                             Solutions, Chamberlain
                             Group, Inc.; Adecco
                             Technical, Aerotek, etc.
74,830....................  Eaton Corporation,          Clayton, NC..........  November 2, 2009.
                             Industrial Controls
                             Division; Leased Workers
                             from Manpower
                             Professional.
74,855....................  Electrolux Homecare         Bloomington, IL......  November 8, 2009.
                             Products, Inc., Leased
                             Wkrs from Spherion
                             Recruiting and Staffing
                             Excellence.
74,858....................  Benchmark Electronics,      Nashua, NH...........  November 8, 2009.
                             Leased Workers from Davis
                             Companies.
----------------------------------------------------------------------------------------------------------------

    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.

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         TA-W No.                  Subject firm                Location                   Impact date
----------------------------------------------------------------------------------------------------------------
73,705....................  Lap Tech Industries.......  Dayton, OH...........  March 12, 2009.

[[Page 75701]]

 
73,976....................  Worthington Specialty       Canton, MI...........  April 18, 2009.
                             Processing, A Joint
                             Venture of Worthington
                             Industries, Inc. and US
                             Steel Corporation.
73,999....................  Webb Furniture              Galax, VA............  April 23, 2010.
                             Enterprises, Inc., Leased
                             Workers from Manpower.
74,525....................  Emerson Transportation      Bridgeton, MO........  August 10, 2009.
                             Division, A Division of
                             Emerson Electric.
74,538....................  Chris Stone, Inc..........  Vernon, CA...........  August 12, 2009.
74,811....................  Media Mail Packaging and    Algood, TN...........  November 1, 2009.
                             Fulfillment Services, Inc.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
74,380.......................  Wistron InfoComm (Texas)       Grapevine, TX.            ........................
                                Corporation, Workers
                                Operating from Home Offices
                                Throughout the United
                                States, etc.
74,795.......................  Nevamar Company, LLC, Panolam  Tarboro, NC.              ........................
                                Industries International,
                                Inc.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,747.......................  Synergy Solutions of Maine,    Fort Kent, ME.            ........................
                                LLC.
74,366.......................  Ryder Truck Rental, Inc.,      Auburn Hills, MI.         ........................
                                Fleet Management Solutions
                                Division.
74,668.......................  Communication Cable Company..  Malvern, PA.              ........................
74,779.......................  Exel-Owens Corning, Chem/      Heath, OH.                ........................
                                Industrial.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
73,451.......................  Harley Davidson Motor Company  Milwaukee, WI.            ........................
74,597.......................  International Game Technology  Corvallis, OR.            ........................
74,683.......................  Los Angeles Daily News         San Bernardino, CA        ........................
                                Publishing Company, Pre-
                                Press Department.
74,722.......................  Allied Marketing Group.......  Dallas, TX.               ........................
74,739.......................  Chapman Data Services, Inc...  Dallas, TX.               ........................
74,873.......................  HAVI Logistics North America.  Lisle, IL.                ........................
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,583.......................  David R. Webb Company........  Williamsport, PA.         ........................
74,822.......................  Bank of America..............  Los Angeles, CA.          ........................
----------------------------------------------------------------------------------------------------------------

    The following determinations terminating investigations were issued 
because the Department issued a negative determination on petitions 
related to the relevant investigation period applicable to the same 
worker group. The duplicative petitions did not present new information 
or a change in circumstances that would result in a

[[Page 75702]]

reversal of the Department's previous negative determination, and 
therefore, further investigation would duplicate efforts and serve no 
purpose.

----------------------------------------------------------------------------------------------------------------
           TA-W No.                     Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
74,697.......................  Bank of America, Card          State College, PA.        ........................
                                Customer Assistance Division.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of November 15, 2010 through November 19, 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: November 23, 2010.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-30464 Filed 12-3-10; 8:45 am]
BILLING CODE 4510-FN-P