[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Notices]
[Pages 13231-13234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5477]


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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

[[Page 13232]]

determinations regarding eligibility to apply for trade adjustment 
assistance for workers by (TA-W) number issued during the period of 
February 22, 2011 through February 25, 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 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.

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         TA-W number                    Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
74,789.......................  Convergys Corporation,         Orem, UT................  September 29, 2009.
                                Customer Management.

[[Page 13233]]

 
75,158.......................  Penske Logistics, LLC,         El Paso, TX.............  January 31, 2010.
                                Customer Service Dept.,
                                General Electric, Kelly
                                Temporary Services, etc.
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    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.

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         TA-W number                    Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
74,797.......................  Martin Mills, Inc.,            Jeanerette, LA..........  ........................
                                Jeanerette Distribution
                                Center; Fruit of the Loom;
                                Leased Workers Spherion.
74,902.......................  Abbott Diabetes Care, Inc.,    Alameda, CA.............  November 18, 2009.
                                Leased Workers of Manpower.
75,007.......................  Serigraph, Inc., Integrated    West Bend, WI...........  December 15, 2009.
                                Graphics Group; Leased
                                Workers from Seek Inc.
75,152.......................  Pratt and Whitney, Cheshire    Cheshire, CT............  January 11, 2010.
                                Engine Center; United
                                Technologies Corp.; Leased
                                Workers Belcan, etc.
75,154.......................  Apex Tool Group, LLC, Leased   Monroe, NC..............  January 24, 2010.
                                Workers from Staffmark.
75,190.......................  Compucredit Holdings           Atlanta, GA.............  February 8, 2010.
                                Corporation, Credit Cards--
                                Collections Division; Leased
                                Workers Axiom and Resource
                                Mosaic.
75,200.......................  RBC Manufacturing              West Plains, MO.........  January 27, 2011.
                                Corporation, West Plains
                                Division, Regal Beloit
                                Corporation.
75,201.......................  Abbott Laboratories,           Irving, TX..............  February 9, 2010.
                                Diagnostics Division; Leased
                                Workers from Manpower,
                                Comsys, Apex, etc.
75,202.......................  Welco Technologies, Western    Maysville, KY...........  February 9, 2010.
                                Sky Division, Electromech
                                Technologies, Nesco Services
                                Co.
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    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
----------------------------------------------------------------------------------------------------------------
74,631.......................  General Motors Components      Lockport, NY............  September 26, 2010.
                                Holdings LLC.
75,128.......................  Olympic Fabrication, LLC,      Shelton, WA.............  January 20, 2010.
                                Sealaska Corporation.
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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.

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         TA-W number                  Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
74,581......................  CMC Joist and Deck, CMC       New Columbia, PA.......  ...........................
                               Joist Fabrication, Inc.
74,744......................  Ingersoll Rand Company,       Fort Smith, AR.........  ...........................
                               Formerly Trane Company,
                               Residential Solutions.
74,785......................  Southeast Missouri Hospital.  Cape Girardeau, MO.....  ...........................
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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.

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         TA-W number                  Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
75,246......................  Deluxe Laboratories.........  Hollywood, CA..........  ...........................
75,246A.....................  Deluxe Laboratories.........  Burbank, CA............  ...........................
----------------------------------------------------------------------------------------------------------------

    The following determinations terminating investigations were issued 
because the petitions are the subject of ongoing investigations under 
petitions filed earlier covering the same petitioners.

[[Page 13234]]



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         TA-W number                  Subject firm                  Location                 Impact date
----------------------------------------------------------------------------------------------------------------
75,213......................  The Hartford Financial        Hartford, CT...........  ...........................
                               Services Group, Inc., EIT/
                               TSS/Application
                               Configuration Support
                               Division.
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    I hereby certify that the aforementioned determinations were issued 
during the period of February 22, 2011 through February 25, 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 website at http://www.doleta.gov/tradeact under the searchable listing of determinations.

    Dated: March 3, 2011.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-5477 Filed 3-9-11; 8:45 am]
BILLING CODE 4510-FN-P