[Federal Register Volume 77, Number 218 (Friday, November 9, 2012)]
[Notices]
[Pages 67403-67406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27419]


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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 
October 22, 2012 through October 26, 2012.
    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

[[Page 67404]]

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.

----------------------------------------------------------------------------------------------------------------
          TA-W No.                  Subject firm                Location                   Impact date
----------------------------------------------------------------------------------------------------------------
81,747.....................  Logan Industries..........  Spokane, WA..........  January 26, 2012.
81,747A....................  Aerotek Commercial, Inc.,   Spokane, WA..........  June 14, 2011.
                              Working On-Site at Logan
                              Industries.
81,861.....................  Marlatex Corporation......  Belmont, NC..........  August 3, 2011.
82,052.....................  Envelope Product Group,     Kenosha, WI..........  October 2, 2011.
                              LLC, Cenveo Corporation.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
81,857.....................  Cordia IP Corporation,      Winter Garden, FL....  August 4, 2011.
                              Cordia Communications
                              Corporation.
81,904.....................  American Showa, Inc.,       Blanchester, OH......  August 16, 2011.
                              Blanchester Plant, Adecco.
81,945.....................  Pfizer Therapeutic          Groton, CT...........  September 5, 2011.
                              Research, Pfizer
                              Worldwide R&D, Warner
                              Lambert, Charles River,
                              etc.
81,949.....................  SDL Enterprise              Chicago, IL..........  September 6, 2011.
                              Technologies, Inc., Help
                              Desk.
81,951.....................  AGI--Shorewood............  Weaverville, NC......  September 6, 2011.
81,960.....................  Verizon Business Networks   Highlands, CO........  September 7, 2011.
                              Services, Inc., Verizon
                              Services Organization,
                              Senior Coordinator--
                              Customer Service.
81,962.....................  Verizon Business Networks   Richardson, TX.......  September 10, 2011.
                              Services, Inc., Lead
                              Specialist--Technical
                              Service and Manager--
                              Technical Service.
81,962A....................  Verizon Business Networks   Rancho Cordova, CA...  September 10, 2011.
                              Services, Inc., Lead
                              Specialist--Technical
                              Service and Manager--
                              Technical Service.

[[Page 67405]]

 
81,962B....................  Verizon Business Networks   Patchogue, NY........  September 10, 2011.
                              Services, Inc., Lead
                              Specialist--Technical
                              Service and Manager--
                              Technical Service.
81,962C....................  Verizon Business Networks   Rye Brook, NY........  September 10, 2011.
                              Services, Inc., Lead
                              Specialist--Technical
                              Service and Manager--
                              Technical Service.
81,962D....................  Verizon Business Networks   San Antonio, TX......  September 10, 2011.
                              Services, Inc., Lead
                              Specialist--Technical
                              Service and Manager--
                              Technical Service.
81,962E....................  Verizon Business Networks   Ashburn, VA..........  September 10, 2011.
                              Services, Inc., Lead
                              Specialist--Technical
                              Service and Manager--
                              Technical Service.
81,969.....................  Schawk Minneapolis........  Minneapolis, MN......  October 17, 2011.
81,986.....................  Genzyme Corporation,        Framingham, MA.......  September 20, 2011.
                              Sanofi S.A., Enterprise
                              IT Network Operations
                              Center, Pro-Unlimited.
81,991.....................  Delphi Electronics and      Kokomo, IN...........  March 25, 2012.
                              Safety, Delphi
                              Corporation.
81,991A....................  Leased Workers from ACRO    Kokomo, IN...........  September 20, 2011.
                              Service Corporation,
                              Advantage, Technical
                              Resources, Aerotek,
                              Delphi Electronics,
                              Delphi Corp.
81,991B....................  Delphi Electronics and      Auburn Hills, MI.....  September 20, 2011.
                              Safety, Delphi
                              Corporation, Alliance
                              Group Technologies,
                              Bartech Group, etc.
81,993.....................  Experian Marketing          Schaumburg, IL.......  September 20, 2011.
                              Solutions, Data Marketing
                              Service Division, Tapfin
                              Manpower Group Solutions.
81,995.....................  Bank of America, Internal   Seattle, WA..........  September 19, 2011.
                              Recon Control (IRC),
                              Corp. Infrastructure
                              Finance Division.
82,001.....................  Royal Appliance             Canton, OH...........  September 25, 2011.
                              Manufacturing Company,
                              dba TTI Flooring Care
                              N.A., Hoover, Inc.
82,001A....................  Royal Appliance             North Canton, OH.....  September 25, 2011.
                              Manufacturing Company,
                              dba TTI Flooring Care
                              N.A., Hoover, Inc.
82,010.....................  Dell Marketing L.P.,        Round Rock, TX.......  September 26, 2011.
                              Public Sales in Major
                              Public Accounts, Select
                              Public Accounts, etc.
82,020.....................  Asheboro Wire Plant-        Asheboro, NC.........  September 28, 2011.
                              Hyosung USA, On-site
                              Leased Workers from
                              Defender Staffing, Starr
                              Electric Company, etc.
82,063.....................  Fashion Tech, Inc., A       Portland, OR.........  October 8, 2011.
                              Division of Hunter
                              Douglas.
82,070.....................  The Great Atlantic &    Montvale, NJ.........  October 10, 2011.
                              Pacific Tea Company,
                              Inc., Accounting Clerks.
82,072.....................  The Denver Post,            Denver, CO...........  October 11, 2011.
                              Circulation Call Center,
                              Ultimate Staffing Service.
82,073.....................  Sartorius Stedim SUS,       Concord, CA..........  October 12, 2011.
                              Inc., Sartorius Group
                              North America, Aerotek.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
81,974.....................  Maryland Pig Services L.P.  Sparrows Point, MD...  September 17, 2011.
----------------------------------------------------------------------------------------------------------------

    The following certifications have been issued. The requirements of 
Section 222(c) (downstream producer for 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
----------------------------------------------------------------------------------------------------------------
81,955.....................  Pocahontas Machine Works,   Pocahontas, AR.......  September 6, 2011.
                              Inc., A.I.D. Temporary
                              Services, Inc.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
81,977.....................  Flavor House Products,      Dothan, AL...........
                              Inc., Ralcorp Holdings,
                              Inc., Ralcorp Snacks,
                              Sauces and Spreads
                              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.

[[Page 67406]]



----------------------------------------------------------------------------------------------------------------
          TA-W No.                  Subject firm                Location                   Impact date
----------------------------------------------------------------------------------------------------------------
81,926.....................  Hewlett Packard,            Pontiac, MI..........
                              Enterprise Services
                              Division, Applications
                              Best Shore (CAGD).
81,926A....................  Hewlett Packard,            Cincinnati, OH.......
                              Enterprise Services
                              Division, Applications
                              Best Shore (CAGD).
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
81,980.....................  Bank of America...........  Addison, TX..........
----------------------------------------------------------------------------------------------------------------

    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.

----------------------------------------------------------------------------------------------------------------
          TA-W No.                  Subject firm                Location                   Impact date
----------------------------------------------------------------------------------------------------------------
81,978.....................  Peabody Energy............  Evansville, IN.......
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
81,997.....................  Tyco Electronics, Telecom   Shakopee, MN.........
                              Networks (Business Unit)
                              Division.
82,019.....................  Delphi Electronics and      Auburn Hills, MI.....
                              Safety, Delphi
                              Corporation.
----------------------------------------------------------------------------------------------------------------

I hereby certify that the aforementioned determinations were issued 
during the period of October 22, 2012 through October 26, 2012. 
These determinations are available on the Department's Web site 
tradeact/taa/taa search firm.cfm under the searchable listing of 
determinations or by calling the Office of Trade Adjustment 
Assistance toll free at 888-365-6822.

    Dated: November 1, 2012.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-27419 Filed 11-8-12; 8:45 am]
BILLING CODE 4510-FN-P