[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61742-61744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25711]


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DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Determinations Regarding Eligibility To Apply for 
Worker Adjustment Assistance and Alternative Trade 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 (TA-W) number and alternative trade adjustment 
assistance (ATAA) by (TA-W) number issued during the period of 
September 12, 2011 through September 16, 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. Section (a)(2)(A) All of the Following Must Be Satisfied

    A. A significant number or proportion of the workers in such 
workers' firm, or an appropriate subdivision of the firm, have become 
totally or partially separated, or are threatened to become totally or 
partially separated;
    B. The sales or production, or both, of such firm or subdivision 
have decreased absolutely; and
    C. Increased imports of articles like or directly competitive with 
articles produced by such firm or subdivision have contributed 
importantly to such workers' separation or threat of separation and to 
the decline in sales or production of such firm or subdivision; or

II. Section (a)(2)(B) Both of the Following Must Be Satisfied

    A. A significant number or proportion of the workers in such 
workers' firm, or an appropriate subdivision of the firm, have become 
totally or partially separated, or are threatened to become totally or 
partially separated;
    B. There has been a shift in production by such workers' firm or 
subdivision to a foreign country of articles like or directly 
competitive with articles which are produced by such firm or 
subdivision; and
    C. One of the following must be satisfied:
    1. The country to which the workers' firm has shifted production of 
the articles is a party to a free trade agreement with the United 
States;
    2. The country to which the workers' firm has shifted production of 
the articles to a beneficiary country under the Andean Trade Preference 
Act, African Growth and Opportunity Act, or the Caribbean Basin 
Economic Recovery Act; or
    3. There has been or is likely to be an increase in imports of 
articles that are like or directly competitive with articles which are 
or were produced by such firm or subdivision.
    Also, in order for an affirmative determination to be made for 
secondarily affected workers of a firm

[[Page 61743]]

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) Significant number or proportion of the workers in the workers' 
firm or an appropriate subdivision of the firm have become totally or 
partially separated, or are threatened to become totally or partially 
separated;
    (2) The workers' firm (or subdivision) is a supplier or downstream 
producer to a firm (or subdivision) that employed a group of workers 
who received a certification of eligibility to apply for trade 
adjustment assistance benefits and such supply or production is related 
to the article that was the basis for such certification; and
    (3) Either--
    (A) The workers' firm is a supplier and the component parts it 
supplied for the firm (or subdivision) described in paragraph (2) 
accounted for at least 20 percent of the production or sales of the 
workers' firm; or
    (B) A loss or business by the workers' firm with the firm (or 
subdivision) described in paragraph (2) contributed importantly to the 
workers' separation or threat of separation.
    In order for the Division of Trade Adjustment Assistance to issue a 
certification of eligibility to apply for Alternative Trade Adjustment 
Assistance (ATAA) for older workers, the group eligibility requirements 
of Section 246(a)(3)(A)(ii) of the Trade Act must be met.
    1. Whether a significant number of workers in the workers' firm are 
50 years of age or older.
    2. Whether the workers in the workers' firm possess skills that are 
not easily transferable.
    3. The competitive conditions within the workers' industry (i.e., 
conditions within the industry are adverse).

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-80,030; Excel Berger, New Brunswick, NJ: March 7, 2010
TA-W-80,161; Gatehouse Media IL Holdings, Inc., Rockford, IL: May 4, 
2010

    The following certifications have been issued. The requirements of 
Section 222(a)(2)(B) (shift in production) of the Trade Act have been 
met.

TA-W-80,135; PSC Fabricating, St. Smith, AR: April 26, 2010
TA-W-80,302; Disney Interactive Studios, Glendale, CA: July 12, 2010

Affirmative Determinations for Worker Adjustment Assistance and 
Alternative Trade 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) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.

TA-W-80,333; Kimball Electronics Tampa, Inc., Fremont, CA: August 1, 
2010
TA-W-80,353; The HON Company, Owensboro, KY: August 4, 2011
TA-W-80,393; SOLON Corp., Tucson, AZ: August 24, 2010

    The following certifications have been issued. The requirements of 
Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) 
of the Trade Act have been met.

TA-W-80,378; Kwik-File, LLC, Fridley, MN: August 16, 2010
TA-W-80,378A; Mayline Moldco, Sheboygan, WI: August 16, 2010
TA-W-80,386; Ansell Protective Products, Inc., Coshocton, OH: August 
19, 2010
TA-W-80,400; Four Seasons, Div. of SMP, Inc., Grapevine, TX: August 19, 
2010

Negative Determinations for Alternative Trade Adjustment Assistance

    In the following cases, it has been determined that the 
requirements of 246(a)(3)(A)(ii) have not been met for the reasons 
specified.
    The Department has determined that criterion (1) of Section 246 has 
not been met. The firm does not have a significant number of workers 50 
years of age or older.

TA-W-80,135; PSC Fabricating, Ft. Smith, AR
TA-W-80,302; Disney Interactive Studios, Glendale, CA

    The Department has determined that criterion (2) of Section 246 has 
not been met. Workers at the firm possess skills that are easily 
transferable.

TA-W-80,161; Gatehouse Media IL Holdings, Inc., Rockford, IL

    The Department has determined that criterion (3) of Section 246 has 
not been met. Competition conditions within the workers' industry are 
not adverse.

TA-W-80,030; Excel Berger, New Brunswick, NJ

Negative Determinations for Worker Adjustment Assistance and 
Alternative Trade 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.
    Because the workers of the firm are not eligible to apply for TAA, 
the workers cannot be certified eligible for ATAA.
    The workers' firm does not produce an article as required for 
certification under Section 222 of the Trade Act of 1974.

TA-W-80,153; Intercontinental Hotels Group, Alpharetta, GA
TA-W-80,156; Bank of America, N.A., Dallas, TX
TA-W-80,297; Steiff North America, Lincoln, RI
TA-W-80,309; Cadmus Journal Services, Inc., Columbia, MD
TA-W-80,401; NewLift Academy of Information Technology, dba NewLife 
Technical Institute, East Liverpool, OH
TA-W-80,430; Product Dynamics LTD, Levittown, PA

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 USC 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-80,319; Timberland Trucking, Medway, ME
TA-W-80,343; Jostens State College, State College, PA

    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-80,328; Siemens Medical Solutions USA, Inc., Youngstown, OH

    I hereby certify that the aforementioned determinations were 
issued during the period of September 12, 2011 through September 16,

[[Page 61744]]

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 to 
[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: September 26, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-25711 Filed 10-4-11; 8:45 am]
BILLING CODE 4510-FN-P