[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76184-76187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31236]


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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 
November 17, 2011 through November 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;

[[Page 76185]]

    (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
----------------------------------------------------------------------------------------------------------------
80,090A..................  ELC Management, LLC, The     Melville, NY..........  March 31, 2010.
                            Estee Lauder Companies,
                            Inc., Manpower.
80,284...................  Duro Bag Manufacturing       Richmond, VA..........  July 12, 2010.
                            Company, Standard
                            Products, Inter Span
                            Resources, Inc.
80,320...................  Thule......................  Thomasville, GA.......  July 26, 2010.
80,324...................  Shiloh Industries, Inc.,     Mansfield, OH.........  July 28, 2010.
                            Mansfield Blanking
                            Division, Legacy Staffing.
80,327...................  Mohawk, ESV, Inc., Laurel    Laurel Hill, NC.......  July 28, 2010.
                            Hill--Residential Yarn
                            Division.
80,410...................  Solyndra, LLC, 360 Degree    Fremont, CA...........  September 1, 2010.
                            Solar Holding, West Alley,
                            Aerotek, Oxford, etc.
80,478...................  Skip's Cutting, Inc........  Ephrata, PA...........  September 27, 2010.
80,496...................  Ben Mar Hosiery............  Ft. Payne, AL.........  October 23, 2010.
80,514...................  Innertech-Shreveport,        Shreveport, LA........  October 13, 2010.
                            Division of Intier, Career
                            Adventures.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
80,097...................  Ingersoll Rand, Security     Carmel, IN............  April 8, 2010.
                            Technologies Division,
                            Tata Consultancy,
                            Cognizant Tecnology, etc.
80,136...................  Mitsubishi Digital           Irvine, CA............  April 21, 2010.
                            Electronics America, Inc.,
                            Helphmates and Remote
                            Workers Throughout the
                            United States Report to.
80,136A..................  Mitsubishi Digital           Ontario, CA...........  April 21, 2010.
                            Electronics America, Inc.,
                            Helphmates.
80,136B..................  Mitsubishi Digital           Braselton, GA.........  April 21, 2010.
                            Electronics America, Inc.,
                            Automation Personnel
                            Services, Inc., and Hire
                            Dynamics.
80,274...................  OmniVision Technologies      Boulder, CO...........  July 8, 2010.
                            Inc., Optics Division.
80,311...................  Verizon Business Network     Tulsa, OK.............  July 21, 2010.
                            Services, Inc., MCI
                            Communications Corporation.
80,358...................  Wipro Technologies, Working  Alpharetta, GA........  July 15, 2010.
                            on-site at Alcatel-Lucent.
80,361...................  Bank Of America, Bank of     Scranton, PA..........  July 27, 2010.
                            America Corporation,
                            Global Trade Operations
                            Import Letter, etc.
80,366...................  Technicolor Network          Greenwood Village, CO.  August 10, 2010.
                            Services US, LLC,
                            Technicolor Digital
                            Delivery, Broadcast
                            Services Division, Ajilon
                            Finance.
80,370...................  Boston Scientific            Arden Hills, MN.......  August 12, 2010.
                            Corporation, Information
                            Systems Division,
                            Accenture and HP.
80,370A..................  Boston Scientific            Maple Grove, MN.......  August 12, 2010.
                            Corporation, Information
                            Systems Division,
                            Accenture and HP.
80,416...................  MPS Limited, Wages under     Beverly, MA...........  September 6, 2010.
                            MPS Content Services.
80,434...................  International Business       Armonk, NY............  September 9, 2010.
                            Machines Corporation
                            (IBM), Including
                            Telecommuters.

[[Page 76186]]

 
80,442...................  Bon Worth, Inc.............  Hendersonville, NC....  September 13, 2010.
80,486...................  Lattice Semiconductor        Bethlehem, PA.........  September 22, 2010.
                            Corporation, Research &
                            Development.
80,494...................  Anthelio Healthcare          Dallas, TX............  October 4, 2010.
                            Solutions, Inc.,
                            Information Technology
                            Services Division, CSI
                            Tech & Health Data
                            Specialist.
80,499...................  Standard Insurance Company,  Portland, OR..........  September 26, 2010.
                            Information Technology
                            Department, Stancorp
                            Financial, Volt Temporary,
                            etc.
80,509...................  Semiconductor Components     Phoenix, AZ...........  October 20, 2011.
                            Industries, LLC, dba ON
                            Semiconductor/Zener-
                            Rectifier, Superior
                            Technical Resources.
80,510...................  Suntron Corporation........  Sugar Land, TX........  October 12, 2010.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
80,495....................  BCI Fitchburg, Newark         Fitchburg, MA..........  October 5, 2010.
                             Graphicboard Products
                             Division, The Newark Group,
                             Labor Ready.
80,495A...................  Newark America, Paperboard    Fitchburg, MA..........  October 5, 2010.
                             Mills Divison, The Newark
                             Group.
80,503....................  VIAM Manufacturing, Inc., CA  Santa Fe Springs, CA...  October 6, 2010.
                             Facility, Japan Vilene,
                             Kelly Services, Link
                             Staffing.
80,505....................  Haldex, Inc., IT Department,  Kansas City, MO........  October 12, 2010.
                             Lade Digital Systems, Delta
                             Systems, etc.
80,515....................  AI-Shreveport, LLC, Android   Shreveport, LA.........  October 28, 2010.
                             Industries.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
80,481....................  Kyowa America Corporation,    Westminster, CA........
                             Corporate Office.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
80,090....................  Whitman Packaging             Islandia, NY...........
                             Corporation, The Estee
                             Lauder Companies, Inc.
80,291....................  R R Donnelley & Sons, Inc.,   Seattle, WA............
                             Premedia Services Division,
                             Kelly Services.
----------------------------------------------------------------------------------------------------------------

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.

----------------------------------------------------------------------------------------------------------------
         TA-W No.                   Subject firm                  Location                  Impact date
----------------------------------------------------------------------------------------------------------------
80,314....................  Avon Products, Inc..........  New York, NY...........
80,346....................  Graceway Pharmaceuticals,     Bristol, TN............
                             LLC.
80,346A...................  Graceway Pharmaceuticals,     Exton, PA..............
                             LLC.
80,360....................  Pepsico, Inc................  Deerfield Beach, FL....
80,435....................  New United Motor Mfg. Inc     Fremont, CA............
                             (NUMMI).
80,500....................  IBM.........................  San Francisco, CA......
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 76187]]



----------------------------------------------------------------------------------------------------------------
         TA-W No.                   Subject firm                  Location                  Impact date
----------------------------------------------------------------------------------------------------------------
80,469....................  CEVA Freight, LLC...........  Houston, TX............
----------------------------------------------------------------------------------------------------------------

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

----------------------------------------------------------------------------------------------------------------
         TA-W No.                   Subject firm                  Location                  Impact date
----------------------------------------------------------------------------------------------------------------
80,526....................  BASF Corporation............  Belvidere, NJ..........
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of November 17, 2011, through November 25, 2011. 
These determinations are available on the Department's Web site at 
http://www.doleta.gov/tradeact/taa/taa_search_form.cfm under the 
searchable listing of determinations or by calling the Office of Trade 
Adjustment Assistance toll-free at (888) 365-6822.

     Dated: November 28, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-31236 Filed 12-5-11; 8:45 am]
BILLING CODE 4510-FN-P