[Federal Register Volume 76, Number 67 (Thursday, April 7, 2011)]
[Notices]
[Pages 19468-19471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8239]


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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 
March 14, 2011 through March 18, 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

[[Page 19469]]

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 No.                       Subject firm                Location               Impact date
----------------------------------------------------------------------------------------------------------------
74,929.............................  John C. Lincoln Health       Phoenix, AZ...........  November 6, 2009.
                                      Network, Medical
                                      Transcription Department.
75,118.............................  Fairbanks Morse Engine,      Beloit, WI............  January 18, 2010.
                                      Enpro Industries.
75,222.............................  American Standard America,   Salem, OH.............  June 20, 2010.
                                      Inc., d/b/a American
                                      Standard Brands; Bath
                                      Lifestyles Division.
75,295.............................  Katahdin Paper Company,      East Millinocket, ME..  February 14, 2010.
                                      LLC, Leased Workers of
                                      Kelly Services.
75,295A............................  Katahdin Paper Company,      Millinocket, ME.......  February 14, 2010.
                                      LLC, Leased Workers of
                                      Kelly Services.
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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.

[[Page 19470]]



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              TA-W No.                       Subject firm                Location               Impact date
----------------------------------------------------------------------------------------------------------------
74,803.............................  Clinicient, Inc.,            Portland, OR..........  October 28, 2009.
                                      Accounting and Billing
                                      Department; Leased Workers
                                      and Teleworkers; etc.
74,906.............................  MOL (America) , Inc........  Long Beach, CA........  November 19, 2009.
75,065.............................  Bank of America, N.A.,       Los Angeles, CA.......  January 3, 2010.
                                      Global Trade Div.; Bank of
                                      America Corp.; Leased
                                      Workers and Tele-workers,
                                      etc.
75,085.............................  Hyde Tools, Inc., Hyde       Southbridge, MA.......  January 29, 2010.
                                      Group, Inc., Leased
                                      Workers from Diamond
                                      Staffing.
75,121.............................  Maine Industrial Tire, LLC,  Gorham, ME............  January 19, 2010.
                                      Workers Wages Reported
                                      under GPX International
                                      Tire Corp; Leased Workers,
                                      etc.
75,148.............................  United Parcel Service,       Des Moines, IA........  January 28, 2010.
                                      Inc., D/B/A UPS; Des
                                      Moines Billing Site.
75,156.............................  Abbott Point of Care.......  Princeton, NJ.........  January 31, 2010.
75,196.............................  PriceWaterhouseCoopers LLP,  St. Louis, MO.........  February 8, 2010.
                                      Internal Firm Services
                                      Division, Client Account
                                      Administrators.
75,230.............................  Evergreen Solar, Inc.,       Devens, MA............  February 10, 2010.
                                      Devens Manufacturing;
                                      Leased Workers Advantage
                                      Technical Resourcing and
                                      Kelly.
75,230A............................  Evergreen Solar, Inc.,       Marlboro, MA..........  February 10, 2010.
                                      Research and Dev.; Leased
                                      Workers Advantage
                                      Technical Resourcing and
                                      Kelly.
75,230B............................  Evergreen Solar, Inc.,       Marlboro, MA..........  February 10, 2010.
                                      Corporate HQ; Leased Wkrs
                                      Advantage Technical
                                      Resourcing and Kelly.
75,245.............................  Biomerieux, Inc., PPM        Wilsonville, OR.......  February 11, 2010.
                                      Division, Leased Workers
                                      Adecco, Employment
                                      Services and Kelly
                                      Services.
75,274.............................  Abbott Laboratories,         Abbott Park, IL.......  February 14, 2010.
                                      Diagnostics Division,
                                      Leased Workers Advanced
                                      Clinical Services, etc.
75,275.............................  Wellpoint, Inc., Cash        Woodland Hills, CA....  February 14, 2010.
                                      Applications, WellPoint
                                      Co., BC of CA, Leased
                                      Workers Bender, etc.
75,280.............................  YKK Snap Fasteners America   Lawrence-.............  February 14, 2010.
                                      Inc., Leased Workers from   burg, KY..............
                                      Employment Plus and Nesco.
75,282.............................  I.C. System, Inc., Transfer  Mason City, IA........  February 14, 2010.
                                      Agents.
75,284.............................  CGI Technologies and         Andover, MA...........  February 14, 2010.
                                      Solutions, Inc.,
                                      Processing Services.
75,285.............................  VisLink, Inc., VisLink,      North Billerica, MA...  February 14, 2010.
                                      PLC; Leased Workers from
                                      Bradley Hume, Black
                                      Diamond Networks, etc.
75,285A............................  VisLink, Inc. (PMR),         Vista, CA.............  February 14, 2010.
                                      VisLink, PLC.
75,300.............................  Key Plastics, LLC, Exterior  Hartford City, IN.....  February 14, 2010.
                                      Division; Leased Workers
                                      from All Star Staffing.
75,309.............................  Dallas Group of America,     Jefferson-............  February 14, 2010.
                                      Inc..                       ville, IN.............
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
75,259...............................  Four Star Plastics.....  Richmond, KY...........  February 11, 2010.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
74,911...............................  Emerson Network Power,   Bannock-burn, IL.......
                                        Connectivity Solutions
                                        Division.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,705...............................  Moll Industries........  Seagrove, NC...........  .......................
74,904...............................  Jacobs Engineering       Cypress, CA............
                                        Group, Inc., Southern
                                        Region.
----------------------------------------------------------------------------------------------------------------

    The investigation revealed that the criteria under paragraphs 
(b)(2) and (b)(3) (public agency acquisition of services from a foreign 
country) of section 222 have not been met.

----------------------------------------------------------------------------------------------------------------
               TA-W No.                      Subject firm               Location               Impact date
----------------------------------------------------------------------------------------------------------------
75,184...............................  Maine Military           Augusta and Limestone,
                                        Authority, Defense,      ME.
                                        Veterans and Emergency
                                        Management Division.
----------------------------------------------------------------------------------------------------------------

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 
in cases where these petitions were not

[[Page 19471]]

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
----------------------------------------------------------------------------------------------------------------
75,250...............................  Burner Systems           Chattanooga, TN........
                                        International.
----------------------------------------------------------------------------------------------------------------

    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 No.                      Subject firm               Location               Impact date
----------------------------------------------------------------------------------------------------------------
75,191...............................  Faribo Woolens, Inc....  Faribault, MN..........
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of March 14, 2011 through March 18, 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: March 29, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-8239 Filed 4-6-11; 8:45 am]
BILLING CODE 4510-FN-P