[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7585-7588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2964]


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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 
January 24, 2011 through January 28, 2011.
    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

[[Page 7586]]

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
----------------------------------------------------------------------------------------------------------------
74,169..................  Teco-Westinghouse Motor       Round Rock, TX.........  May 27, 2009.
                           Company, Teco Holdings USA,
                           Inc.; Leased Workers from
                           HT Staffing, Manpower, etc.
74,174..................  Wiza Industries, Inc........  Muskego, WI............  June 1, 2009.
74,324..................  Kinetic Enterprise, DBA       Mebane, NC.............  June 22, 2009.
                           Triem Electric Motors.
74,571..................  Alpine Custom Shutters, Inc.  Englewood, CO..........  August 18, 2009.
74,659..................  Clear Pine Mouldings, Inc.,   Prineville, OR.........  March 1, 2010.
                           Contact Holding Company.
74,659A.................  Leased Workers from Mid       Prineville, OR.........  September 21, 2009.
                           Oregon Personnel Service,
                           Working On-Site at Clear
                           Pine Mouldings, Inc.
74,719..................  Forrest City Machine Works,   Forrest City, AR.......  October 12, 2009.
                           Inc.
74,869..................  Chestnut Ridge Group, LLLP,   Latrobe, PA............  November 4, 2009.
                           I.C. Supermarkets, Inc.;
                           Leased Workers The Callos
                           Companies and Account Temps.
74,959..................  Herskovits Corporation, DBA   Fall River, MA.........  November 23, 2009.
                           Elram Corporation.
75,079..................  Thomasville Furniture         Appomattox, VA.........  January 14, 2011.
                           Industries, Inc., Furniture
                           Brands International,
                           Leased Workers from
                           Manpower, Inc.
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 7587]]



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            TA-W No.                    Subject firm            Location                  Impact date
----------------------------------------------------------------------------------------------------------------
74,658..........................  Broadview Networks.....  Quincy, MA........  September 21, 2009.
74,798..........................  Hewlett Packard          Farmington Hills,   October 8, 2009.
                                   Company, Technology      MI.
                                   Support Group;
                                   Including Virtual
                                   Workers Reporting to
                                   this Location.
74,871..........................  International Business   Oklahoma City, OK.  November 12, 2009.
                                   Machines (IBM), Global
                                   Technology Services
                                   Delivery Division;
                                   Production Control,
                                   etc.
74,903..........................  Time Insurance Company   Miami, FL.........  November 18, 2009.
                                   (Assurant Health), IT;
                                   Leased Workers from
                                   Capgemeni.
74,975..........................  Digital River Education  Austin and Dallas,  December 7, 2009.
                                   Services, Inc.,          TX.
                                   Digital River, Inc.;
                                   Leased Workers of
                                   Serenity Staffing,
                                   Accountemps, etc.
74,992..........................  SuperMedia, LLC,         D/FW Airport, TX..  December 13, 2009.
                                   Quality Assurance
                                   Software Testing
                                   Division; Leased
                                   Workers Advantage, etc.
75,016..........................  Faurecia, Emissions      Dexter, MO........  February 6, 2011.
                                   Control Technologies
                                   Division.
75,057..........................  Allstate Insurance       Irving, TX........  December 29, 2009.
                                   Company, Technology
                                   and Operations
                                   Infrastructure
                                   Services; Leased
                                   Workers UST; etc.
75,073..........................  Thomson Reuters,         Philadelphia, PA..  January 6, 2010.
                                   Healthcare and Science
                                   Division; Leased
                                   Workers from Adecco.
75,087..........................  International Business   Glendale, San       December 22, 2009.
                                   Machines (IBM),          Jose, and San
                                   Integrated Technology,   Ramon, CA.
                                   Storage Management,
                                   Teleworkers.
75,087A.........................  International Business   Smyrna, GA........  December 22, 2009.
                                   Machines (IBM),
                                   Integrated Technology,
                                   Storage Management,
                                   Teleworkers.
75,087B.........................  International Business   Des Moines, IA....  December 22, 2009.
                                   Machines (IBM),
                                   Integrated Technology,
                                   Storage Management,
                                   Teleworkers.
75,087C.........................  International Business   Bethesda, MD......  December 22, 2009.
                                   Machines (IBM),
                                   Integrated Technology,
                                   Storage Management,
                                   Teleworkers.
75,087D.........................  International Business   Charlotte, NC.....  December 22, 2009.
                                   Machines (IBM),
                                   Integrated Technology,
                                   Storage Management,
                                   Teleworkers.
75,089..........................  Startek USA, Inc.......  Alexandria, LA....  January 10, 2010.
75,117..........................  Acuity Brands Lighting,  Austin, TX........  January 18, 2010.
                                   Inc., Acuity Brands,
                                   Inc.; Leased Workers
                                   Express Employment
                                   Professionals, etc.
75,124..........................  Imation Corporation,     Weatherford, OK...  January 19, 2010.
                                   Leased Workers of
                                   Express Employment
                                   Professionals.
75,132..........................  NIOXIN Research          Lithia Springs, GA  December 31, 2009.
                                   Laboratories, Inc.,
                                   Proctor & Gamble;
                                   Leased Workers
                                   Selectsource Staffing,
                                   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
----------------------------------------------------------------------------------------------------------------
74,260..........................  XPEDX, International     Livonia, MI.......  May 26, 2009.
                                   Paper Company; Leased
                                   Workers from Manpower.
75,013..........................  Cable Consultants,       Corvallis, OR.....  November 12, 2009.
                                   Inc., d/b/a Black Box
                                   Network Services, On
                                   Site At Hewlett
                                   Packard, Tek Systems.
----------------------------------------------------------------------------------------------------------------

    The following certifications have been issued. The requirements of 
section 222(f) (firms identified by the International Trade Commission) 
of the Trade Act have been met.

----------------------------------------------------------------------------------------------------------------
            TA-W No.                    Subject firm            Location                  Impact date
----------------------------------------------------------------------------------------------------------------
74,666..........................  Goodyear, Wingfoot       Portland, OR......  June 25, 2008.
                                   Commercial Tire.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
74,956..................  Riverside Furniture Company,  Rogers, AR.............  ...............................
                           Retail Store Division.
74,956A.................  Riverside Furniture Company,  North Little Rock, AR..  ...............................
                           Retail Store Division.
----------------------------------------------------------------------------------------------------------------


[[Page 7588]]

    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
----------------------------------------------------------------------------------------------------------------
74,653..................  Unicare, WellPoint, Inc.....  Plano, TX..............  ...............................
74,733..................  Xpedite Systems, LLC,         Deerfield Beach, FL....  ...............................
                           Easylink Services
                           International Corporation.
74,870..................  International Business        Plano, TX..............  ...............................
                           Machines (IBM), Global
                           Technology Services, SSO
                           Band Support Capital One.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
75,046..................  Macsteel Service Centers USA  Liverpool, NY..........  ...............................
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
75,098..................  IBM.........................  Research Triangle Park,  ...............................
                                                         NC.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of January 24, 2011 through January 28, 2011. 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: February 2, 2011.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-2964 Filed 2-9-11; 8:45 am]
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