[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29798-29800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12583]


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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 May 
2, 2011 through May 6, 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);

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    (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
----------------------------------------------------------------------------------------------------------------
74,848.....................  Thomas & Betts Corporation  Bowling Green, OH....  November 5, 2009.
75,104.....................  Eaton Corporation, FEPC     Three Rivers, MI.....  January 14, 2010.
                              Division, Including On-
                              Site Leased Workers from
                              Bartech Workforce.
75,127.....................  Ashland Aqualon Functional  Louisiana, MO........  January 20, 2010.
                              Ingredients Missouri
                              Chemical Works, An
                              Ashland Hercules Water
                              Technologies Facilities,
                              Lee Mechancial.
75,144.....................  Cincinnati Tyrolit, Inc.,   Cincinnati, OH.......  January 27, 2010.
                              Subsidiary of Tyrolit
                              North America Holdings.
75,205.....................  Data Listing Services,      Holdrege, NE.........  February 4, 2010.
                              LLC, DBA: The Connection.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
75,268.....................  Nestl[eacute] HealthCare    St. Louis Park, MN...  February 11, 2010.
                              Nutrition, Inc., Wholly
                              Owned by Nestl[eacute]
                              Holdings, Inc.; Leased
                              Workers from Adecco USA.
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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 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
----------------------------------------------------------------------------------------------------------------
75,235.....................  Verizon Communications,     Ashburn, VA.           ................................
                              Inc..
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
75,054.....................  Plastic Suppliers, Inc....  Mt. Laurel, NJ.......  November 23, 2009.
75,060.....................  Sitel Operating             Painted Post, NY       ................................
                              Corporation.
75,061.....................  Liberty Homes, Inc.,        Sheridan, OR           ................................
                              Oregon Division.
75,206.....................  Hewlett Packard Company,    Paducah, KY            ................................
                              Enterprise Services
                              Division.
75,239.....................  Superior Fibers, LLC,       Bremen, OH             ................................
                              Bremen, Ohio Division.
75,270.....................  Sterling Life Insurance     Bellingham, WA         ................................
                              Company, Leased Workers
                              from Manpower.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of May 2, 2011 through May 6, 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://

[[Page 29800]]

www.doleta.gov/tradeact under the searchable listing of determinations.

    Dated: May 13, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-12583 Filed 5-20-11; 8:45 am]
BILLING CODE 4510-FN-P