Federal Register, Volume 78 Issue 7 (Thursday, January 10, 2013)

[Federal Register Volume 78, Number 7 (Thursday, January 10, 2013)]
[Notices]
[Pages 2288-2291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00338]

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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 17, 2012 through December 31, 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 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

[[Page 2289]]

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.

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
----------------------------------------------------------------------------------------------------------------
82,005............................. Boston Scientific Maple Grove, MN....... September 25, 2011.
Corporation.
82,005A............................ Boston Scientific Plymouth, MN.......... September 25, 2011.
Corporation.
82,123............................. Medtronic, Inc., Cardiac Mounds View, MN....... October 31, 2011.
and Vascular Group,
Excluding the Cardiac
Rhythm Disease Mgmt, etc..
82,123A............................ Medtronic, Inc., Cardica Mounds View, MN....... October 2, 2012.
and Vascular Group,
Cardiac Rhythm Disease
Mgmt. Op. Segment, etc..
82,149............................. Texon USA Inc., Texon Russell, MA........... October 4, 2011.
International Group
Limited.
82,169............................. T-Systems North America, Andover, MA........... November 21, 2011.
Inc..
82,170............................. TI Automotive, Ltd., FCS Cynthiana, KY......... November 21, 2011.
(Fluid Carrying System)
Division, Elwood Staffing.
82,172............................. Nanya Technology Houston, TX........... November 26, 2011.
Corporation Delaware,
Nanya Technology
Corporation-Taiwan.
82,175............................. Philips Healthcare, MRI, Highland Heights, OH.. November 16, 2011.
Adecco.
82,186............................. Faurecia, Emissions Control Dexter, MO............ January 26, 2013.
Technologies, Express
Employment & Manpower.
82,199............................. Regal Beloit Corporation, Springfield, MO....... November 30, 2011.
Springfield, Missouri
Division, Penmac Personnel
Services.
82,201............................. XOR Media, Formerly Greenville, NH........ December 3, 2011.
SeaChange International.
82,203............................. Huntingdon County Site, FCI Mount Union, PA....... January 23, 2012.
USA, LLC, Americas
Division, FCI SA,
Manpower, Inc..
82,205............................. Thermo Electron North Madison, WI........... December 4, 2011.
America, LLC, Thermo
Fischer Scientific, Adecco
and Aerotek.
82,214............................. Kulicke & Soffa Industries, Irvine, CA............ December 11, 2012.
Aerotek and ITC, UI Wages
Reported Through Orthodyne
Electronics.
82,238............................. Dolby Laboratories, Inc., Brisbane, CA.......... December 10, 2011.
Manufacturing Division,
Zerochaos and Modis.
82,244............................. Philips Lighting, Philips Wilmington, MA........ December 10, 2011.
Lightolier Division,
Adecco.
82,253............................. Cardinal Health, Financial Albuquerque, NM....... December 13, 2011.
Shared Services West,
Aerotek, Excel Staffing
and Experis Finance.
----------------------------------------------------------------------------------------------------------------

[[Page 2290]]

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)(i) (decline in sales or production, or both) and (a)(2)(B)
(shift in production or services to a foreign country) of section 222
have not been met.

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.

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.

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 2291]]

I hereby certify that the aforementioned determinations were issued
during the period of December 17, 2012 through December 31, 2012. These
determinations are available on the Department's Web site 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: January 2, 2013.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-00338 Filed 1-9-13; 8:45 am]
BILLING CODE 4510-FN-P