[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76487-76489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30750]


-----------------------------------------------------------------------

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 22, 2010 through November 26, 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

[[Page 76488]]

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
----------------------------------------------------------------------------------------------------------------
73,821.........................  Shaw Diversified, Plant    Algona, WA..........  March 26, 2009.
                                  LW, 07, Head Surfaces,
                                  Leased Workers From
                                  Select Staffing.
73,828.........................  GKN Axles Jackson Center,  Jackson Center, OH..  March 31, 2009.
                                  GKN Armstrong Wheels,
                                  Leased Workers from
                                  Staffmark.
73,880.........................  Weston Wear Inc..........  San Francisco, CA...  April 2, 2009.
74,015.........................  Hutchins and Perreault,    East Barre, VT......  April 27, 2009.
                                  Inc..

[[Page 76489]]

 
74,533.........................  Belding Hausman, Inc.....  Lincolnton, NC......  August 13, 2009.
74,584.........................  Sylvan America, Inc.,      Kittanning, PA......  September 1, 2009.
                                  Sylvan, Inc.; Leased
                                  Workers from Adecco
                                  Employment Services.
74,638.........................  Western Refining           Grafton, VA.........  September 10, 2009.
                                  Yorktown, Inc., Leased
                                  Workers from Headway
                                  Staffing.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,175.........................  JPMorgan Chase, Card       Frederick, MD.......  June 1, 2009.
                                  Services Division.
74,540.........................  BMC Software, Inc.,        Houston, TX.........  July 22, 2009.
                                  Leased Workers from
                                  Comsys ITS.
74,553.........................  Fiserv, Inc..............  Owings Mills, MD....  August 18, 2009.
74,560.........................  Wyman Gordon Forgings,     Houston, TX.........  August 20, 2009.
                                  Precision Cast Parts,
                                  Machining Division.
74,610.........................  Ocwen Loan Servicing,      North Highlands, CA.  September 7, 2009.
                                  LLC, Workers Whose Wages
                                  Were Reported Under
                                  Homeq Servicing.
74,696.........................  Motorola, Inc., CDMA       Arlington Heights,    September 22, 2009.
                                  Messaging Product Group.   IL.
74,823.........................  Hartford Financial         Hartford, CT........  November 1, 2009.
                                  Service Group, Inc., EIT/
                                  CCM/Technology Shared
                                  Services.
74,823A........................  Hartford Financial         Southington, CT.....  November 1, 2009.
                                  Service Group, Inc., EIT/
                                  CCM/Technology Shared
                                  Services.
74,823B........................  Hartford Financial         Hartford, CT........  November 1, 2009.
                                  Service Group, Inc., EIT/
                                  CCM/SMS (BI).
74,823C........................  Hartford Financial         Windsor, CT.........  November 1, 2009.
                                  Service Group, Inc., EIT/
                                  CCM/SMS (BI).
74,823D........................  Hartford Financial         Hartford, CT........  November 1, 2009.
                                  Service Group, Inc., EIT/
                                  TSS/L2 Help Desk.
74,823E........................  Hartford Financial         Hartford, CT........  November 1, 2009.
                                  Service Group, Inc., EIT/
                                  CCM/Claims.
74,823F........................  Hartford Financial         Hartford, CT........  November 1, 2009.
                                  Service Group, Inc., EIT/
                                  TSS/CITS.
74,823G........................  Hartford Financial         Hartford, CT........  November 1, 2009.
                                  Service Group, Inc., EIT/
                                  CCM/Reinsurance
                                  Accounting.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,581.........................  Dell Products LP, Dell,    Nashville, TN.......  February 16, 2009.
                                  Inc., East Coast
                                  Fulfillment Center.
----------------------------------------------------------------------------------------------------------------

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 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
----------------------------------------------------------------------------------------------------------------
73,351.........................  Sandy Alexander..........  Clifton, NJ.........  ..............................
73,615.........................  Smurfit-Stone Container    Jefferson, OH.......  ..............................
                                  Corporation, Container
                                  Division.
74,626.........................  Newell Window              Athens, GA..........  ..............................
                                  Furnishings, Inc.,
                                  Newell Rubbermaid, Inc..
74,681.........................  Tower-OHL................  Jacksonville, FL....  ..............................
74,724.........................  International Business     Endicott, NY........  ..............................
                                  Machines (IBM), Global
                                  Technology Services
                                  Delivery, Band 7 Oracle,
                                  Off-Site Teleworkers.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of November 22, 2010 through November 26, 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: December 1, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-30750 Filed 12-7-10; 8:45 am]
BILLING CODE 4510-FN-P