[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Notices]
[Pages 179-183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33046]


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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 
December 6, 2010 through December 10, 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

[[Page 180]]

    (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 number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
74,125..................  Bentley Arbuckle, Inc.....  Dallas, TX...............  May 14, 2009.
74,159..................  TPUSA, Inc.,                Grindstone, PA...........  May 28, 2009.
                           Teleperformance USA, Inc..
74,210..................  Crossville, Inc., DBA       Ottawa, IL...............  June 3, 2009.
                           Peltier Glass Company.
74,434..................  Williams International      Commerce Township, MI....  July 16, 2009.
                           Company, LLC, Leased
                           Workers from Five Star
                           Technical, Neu Tech
                           Associates.
74,624..................  Chart Industries, Inc.,     Denver, CO...............  September 10, 2009.
                           Biomedical Division.
74,759..................  Del Monte Foods, Plant      Terminal Island, CA......  September 27, 2009.
                           District Center; Leased
                           Workers Securitas
                           Security Services, etc..
74,941..................  Georgia Pacific, LLC,       Hamlet, NC...............  November 24, 2009.
                           Alpha Plastics Division.
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[[Page 181]]

    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 number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
73,692..................  Dell, Inc., Perot Systems;  Plano, TX................  February 27, 2010.
                           Client Control Center.
74,555..................  White Pine Copper           White Pine, MI...........  August 6, 2009.
                           Refinery, Hudson Bay
                           Mining and Smelting Co.,
                           Limited.
74,607..................  WellPoint, Inc., The        Camarillo, CA............  September 7, 2009.
                           WellPoint Companies, Blue
                           Cross of CA, Leased
                           Workers from Bender, etc.
74,607A.................  WellPoint, Inc., The        Newbury Park, CA.........  September 7, 2009.
                           WellPoint Companies, Blue
                           Cross of CA, Leased
                           Workers from Bender, etc.
74,607B.................  WellPoint, Inc., The        Thousand Oaks, CA........  September 7, 2009.
                           WellPoint Companies, Blue
                           Cross of CA, Leased
                           Workers from Bender, etc.
74,714..................  Quest Diagnostics, Inc.,    West Norristown, PA......  October 3, 2009.
                           Informational Technology
                           Help Desk Services.
74,762..................  CR Compressors, LLC,        Hartselle, AL............  October 1, 2009.
                           Division of Emerson
                           Climate Technologies,
                           Leased Workers from Regal.
74,778..................  CEVA Freight, LLC, Leased   Houston, TX..............  October 21, 2009.
                           Workers from Accountants
                           International,
                           Accountemps, etc.
74,800..................  Toyo Seal America           Mooresville, NC..........  October 27, 2009.
                           Corporation.
74,827..................  Orthodyne Electronics,      Irvine, CA...............  November 1, 2009.
                           Business Unit of Kulicke
                           and Soffa, Leased Workers
                           Aerotek, Insight, etc.
74,845..................  J.P. International Tool,    Alden, NY................  November 4, 2009.
                           Inc., Leased Workers from
                           EGW Associates, Inc.
74,886..................  Winchester Electronics      Franklin, MA.............  July 2, 2010.
                           Corporation.
74,886A.................  Leased Workers from         Franklin, MA.............  November 16, 2009.
                           Majestic Staffing,
                           Staffmark, and Davis
                           Company, Working On-Site
                           at Winchester Electronics
                           Corporation.
74,887..................  Winchester Electronics      Rock Hill, SC............  July 2, 2010.
                           Corporation.
74,891..................  PricewaterhouseCoopers,     Boston, MA...............  November 10, 2009.
                           LLP, Internal Firm
                           Services Division; Word
                           Processor Employees.
74,946..................  Russound/FMP, Inc., Leased  Newmarket, NH............  November 16, 2009.
                           Workers Accountemps,
                           National Employment
                           Services Corporation, etc.
74,947..................  Eastman Kodak Company,      Wheeling, IL.............  November 10, 2009.
                           Document Imaging-Kodak
                           Wheeling Division; Leased
                           Workers Adecco Staffing,
                           etc.
74,948..................  Robin Manufacturing USA,    Hudson, WI...............  July 19, 2010.
                           Inc..
74,951..................  STATS ChipPAC Unlimited     Milpitas, CA.............  November 11, 2009.
                           (SCU).
74,953..................  V.I. Prewett & Son, Inc.,   Fort Payne, AL...........  December 31, 2010.
                           Gildan Activewear, Leased
                           Workers Stellar Staffing
                           & First Choice Staffing.
----------------------------------------------------------------------------------------------------------------

    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 number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
74,694..................  IAC Greencastle, LLC......  Greencastle, IN..........  October 5, 2009.
74,774..................  Charter Manufacturing       Milwaukee, WI............  October 21, 2009.
                           Company, Inc., Charter
                           Automotive Division,
                           Leased Workers from QTI.
74,828..................  Midwest Transatlantic       Berea, OH................  November 2, 2009.
                           Lines, Inc..
----------------------------------------------------------------------------------------------------------------

    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 number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
74,757..................  E.A. Quirin Machine Shop,   Saint Clair, PA..........  October 18, 2009.
                           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.

[[Page 182]]



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       TA-W number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
74,925..................  Commercial Furniture        Chicago, IL
                           Group, Inc., Merchandise
                           Mart.
----------------------------------------------------------------------------------------------------------------

    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 number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
73,896..................  Victory Industrial          Batavia, OH
                           Products LLC.
73,897..................  Ebix, Inc., Ebix Customer   Lynchburg, VA
                           Relations Management
                           Division, Formerly E-Z-
                           Data, Inc.
74,640..................  Citigroup Management        Irving, TX
                           Corporation, CitiCorp,
                           Inc..
74,700..................  AT&T......................  Reynoldsburg, OH
74,732..................  Andy Sims Buick...........  Broadview Heights, OH
74,742..................  Norske Skog (USA) Inc.....  Southport, CT
----------------------------------------------------------------------------------------------------------------

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 number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
74,579..................  Henry River Manufacturing.  Hildebran, NC              ...............................
74,632..................  Valspar Corporation.......  High Point, NC             ...............................
74,632A.................  Valspar Corporation.......  Montebello, CA             ...............................
74,632B.................  Valspar Corporation.......  Orangeburg, SC             ...............................
74,632C.................  Valspar Corporation.......  Seattle, WA                ...............................
74,844..................  Cooper Lighting...........  Americus, GA               ...............................
74,883..................  Pitney Bowes..............  Shelton, CT                ...............................
74,896..................  Triangle Suspension         DuBois, PA                 ...............................
                           Systems, Inc., Marmon
                           Highway Technologies/
                           Berkshire Hathaway;
                           Triangle Springs Division.
----------------------------------------------------------------------------------------------------------------

    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 number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
74,937..................  Hachette Book Group.......  Boston, MA                 ...............................
----------------------------------------------------------------------------------------------------------------

    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 number               Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
74,753..................  Hewlett Packard Company,    Roseville, CA              ...............................
                           Personal Systems Group.
74,917..................  Hewlett Packard Company,    Cupertino, CA              ...............................
                           Personal Systems Group,
                           Teleworkers Across 36
                           States and Headquartered
                           in TX.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of December 6, 2010 through December 10, 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,

[[Page 183]]

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 15, 2010.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-33046 Filed 12-30-10; 8:45 am]
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