[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 81987-81990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33327]


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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 
December 12, 2011 through December 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. 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

[[Page 81988]]

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
----------------------------------------------------------------------------------------------------------------
80,418...................  Invista S.A.R.L., Mundy    Waynesboro, VA.....  February 20, 2011.
                            Maintenance Services and
                            Operations.
80,418A..................  Security Forces, Inc.      Waynesboro, VA.....  September 6, 2010.
                            (SFI), Working on-Site
                            at Invista S.A.R.L.
80,451...................  Dillan Chenille, Inc.....  Martinsville, VA...  September 19, 2010.
80,463...................  Clow Water Systems         Coshocton, OH......  September 23, 2010.
                            Company, Carol Harris
                            Staffing.
80,479...................  Excelsior Services Group,  Fort Worth, TX.....  September 28, 2010.
                            Pinnacle Technical
                            Resources, Working On-
                            Site at Cognizant.
80,497...................  Southwoods, LLC, American  Manning, SC........  October 6, 2010.
                            Forest Products
                            Division, Roper
                            Personnel.
80,520...................  Positronic Industries,     Mount Vernon, MO...  October 13, 2010.
                            Inc., Penmac.
80,520A..................  Positronic Industries,     Springfield, MO....  October 13, 2010.
                            Inc., Penmac.
80,528...................  Timbron International,     Stockton, CA.......  October 17, 2010.
                            Inc..
81,011...................  Cyberdyne, Inc...........  New Eagle, PA......  February 13, 2010.
81,031...................  Ultrablend, LLC,           Charlotte, NC......  February 13, 2010.
                            Ambassador Personnel
                            Services.
81,097...................  Kimberly-Clark Worldwide,  Everett, WA........  February 13, 2010.
                            Inc., Kimberly-Clark
                            Corp., Injury Free Inc.,
                            Ventilation Power
                            Cleaning, etc.
----------------------------------------------------------------------------------------------------------------

    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 No.                 Subject firm              Location                    Impact date
----------------------------------------------------------------------------------------------------------------
80,429...................  Kennametal, Inc.,          Latrobe, PA........  June 18, 2011.
                            Kennametal Finance
                            Organization.
80,429A..................  Kelly Services, Working    Latrobe, PA........  September 9, 2010.
                            of Site at Kennametal,
                            Inc., Kennametal Finance
                            Organization.
80,453...................  Seroyal USA, Inc, Atrium   Redmond, WA........  September 20, 2010.
                            Biotech Investments,
                            Inc., HVL LLC.
80,492...................  RockTenn, Consumer         Milwaukee, WI......  October 4, 2010.
                            Packaging Division,
                            Custom Staffing National.
80,498...................  InterMetro Industries      Fostoria, OH.......  October 5, 2010.
                            Corporation, Emerson
                            Electric, Custom
                            Staffing.
80,501...................  TT Electronics,            Boone, NC..........  October 10, 2010.
                            International Resistive
                            Company, Inc..
80,504...................  BASF Corporation,          Belvidere, NJ......  December 23, 2011.
                            Coatings Division.
80,504A..................  Leased Workers from        Belvidere, NJ......  October 11, 2010.
                            Nextsource, Working On-
                            Site at BASF
                            Corporation, Coatings
                            Division.
80,527...................  MAHLE Engine Components    Trumbull, CT.......  October 17, 2010.
                            USA, Inc., MAHLE
                            Industries, Inc.,
                            Hamilton Connections and
                            Monroe Staffing.
81,001...................  Freeman Metal Products,    Ahoskie, NC........  February 13, 2010.
                            Inc..
81,005...................  Terex USA, LLC, Powertemp  Wilmington, NC.....  February 13, 2010.
                            Services, Express
                            Pesonnel and Manpower.

[[Page 81989]]

 
81,058...................  Warren Corporation,        Stafford Springs,    December 4, 2011.
                            Textile Apparel            CT.
                            Divisions.
81,064...................  VTech Communications,      Beaverton, OR......  February 13, 2010.
                            Inc., Express and Kelly
                            IT.
81,070...................  CVG CS LLC, Seating        Tellico Plains, TN.  February 13, 2010.
                            Division, including on-
                            site leased workers from
                            Staffmark.
81,076...................  Amphenol Aerospace         Sidney, NY.........  February 13, 2010.
                            Corporation, Superior
                            Technical Resource,
                            Staffworks, Adecco and
                            Manpower.
81,080...................  The Travelers Indemnity    Glens Falls, NY....  February 13, 2010.
                            Company, Personal
                            Insurance Division, Tele-
                            Workers to this Location.
81,085...................  Western United Life        Spokane, WA........  February 13, 2010.
                            Assurance Company,
                            Global Life Holdings,
                            LLC, Insurance
                            Administration, etc.
81,091...................  Sperian Protection         Middletown, CT.....  February 13, 2010.
                            Instrumentation LLC,
                            Honeywell International,
                            Spherion Staffing
                            Services, Manpower, etc.
81,095...................  Sanyo Manufacturing        Forrest City, AR...  December 31, 2011.
                            Corporation, Sanyo
                            Electric Division,
                            Panasonic Corporation.
81,095A..................  Leased Workers From G4S    Forrest City, AR...  February 13, 2010.
                            (Wackenhut) and Ozark
                            Motor Lines, Working On-
                            Site at Sanyo
                            Manufacturing
                            Corporation.
81,099...................  Brake Parts, Inc., Brake   Waupaca, WI........  February 13, 2010.
                            and Chassis Division,
                            Affinia Group, Nicolet
                            Staffing.
81,103...................  Kerry, Inc., Kerry         Kent, WA...........  February 13, 2010.
                            Holding Co., Express
                            Personnel, Aerotek and
                            Command Staffing.
81,108...................  Mayville Products          Mayville, WI.......  February 13, 2010.
                            Corporation, QPS
                            Employment Group.
81,111...................  Ametek National Controls   West Chicago, IL...  October 9, 2011.
                            Corporation,
                            Instrumentation and
                            Specialty, Ametek, Staff
                            Force and Manpower.
81,111A..................  First Choice Staffing,     West Chicago, IL...  February 13, 2010.
                            Ametek National
                            Controls,
                            Instrumentation and
                            Specialty Controls
                            Division.
81,123...................  Dana Holding Corporation,  Marion, IN.........  June 10, 2010.
                            Light Vehicle Division,
                            Manpower and Experis.
81,123A..................  Leased Workers From        Marion, IN.........  February 13, 2010.
                            Experis, Working On-Site
                            at Dana Holding
                            Corporation.
----------------------------------------------------------------------------------------------------------------

    The following certifications have been issued. The requirements of 
Section 222(b) (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
----------------------------------------------------------------------------------------------------------------
80,517...................  A.G. Simpson (USA), Inc.,  Shreveport, LA.....  October 13, 2010.
                            Shreveport Plant, Career
                            Adventures.
80,521...................  Billhorn Converters, LLC,  Kalama, WA.........  October 12, 2010.
                            Northweat Division,
                            Express Employment.
80,531...................  PPG Industries, Inc.,      Shreveport, LA.....  October 18, 2010.
                            Automotive Coatings,
                            Belcan and Aerotek,
                            Working On-Site at
                            General Motors.
81,008...................  Lintelle Engineering,      Scotts Valley, CA..  February 13, 2010.
                            Inc., Kelly Services.
81,121...................  Third Degree Graphics....  Ventura, CA........  February 13, 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 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
----------------------------------------------------------------------------------------------------------------
80,347...................  Pension Systems            Sherman Oaks, CA.    .....................................
                            Corporation.
80,352...................  Penske Logistics, LLC,,    El Paso, TX.         .....................................
                            General Electric/Penske,
                            El Paso Distribution,
                            Warehouse Division.
80,447...................  Dell USA LP, Dell, Inc.,   Round Rock, TX.      .....................................
                            Support for Internal
                            Services/Financial,
                            Applications, etc..
80,476...................  Wells Fargo Bank, N.A.,    Bethlehem, PA.       .....................................
                            Auto Finance Collections
                            Group.
80,511...................  Specialty Bar Products     Blairsville, PA.     .....................................
                            Company, Doncasters,
                            Inc..
80,533...................  Champion Photochemistry..  Rochester, NY.       .....................................
----------------------------------------------------------------------------------------------------------------


[[Page 81990]]

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 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.

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         TA-W No.                 Subject firm              Location                    Impact date
----------------------------------------------------------------------------------------------------------------
81,148...................  Wells Fargo..............  San Francisco, CA.   .....................................
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of December 12, 2011 through December 16, 2011. These 
determinations are available on the Department's Web site at tradeact--
taa/taa--search--form.cfm under searchable listing of determinations or 
by calling the Office of Trade Adjustment Assistance toll-free at (888) 
365-6822.

     Dated: December 20, 2011.
 Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-33327 Filed 12-28-11; 8:45 am]
BILLING CODE 4510-FN-P