[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16448-16450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6804]


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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 
March 7, 2011 through March 11, 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;

[[Page 16449]]

    (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
----------------------------------------------------------------------------------------------------------------
74,679..................  LSI Greenlee Lighting, Inc.  Carrollton, TX........  September 17, 2009.
74,709..................  TeleTech Services            Greenville, SC........  October 8, 2009.
                           Corporation, Teletech
                           Holdings, Inc.; Leased
                           Workers United Parcel
                           Services of America, Inc.
74,747..................  F. J. Folz Company, Inc....  Evansville, IN........  October 15, 2009.
75,136..................  Data Listing Services        Penn Yan, NY..........  January 24, 2010.
                           (Jamestown), LLC, The
                           Connection; Data Listing
                           Services, LLC.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,876..................  Contec, LLC................  SeaTac, WA............  November 9, 2009.
75,021..................  Thompson Type, Inc.........  San Diego, CA.........  December 17, 2009.
75,028..................  Alpha Technology             Howell, MI............  December 20, 2009.
                           Corporation, Alpha
                           Corporation.
75,028A.................  Leased Workers from          Howell, MI............  December 20, 2009.
                           Employment Plus, Endevis,
                           Acteon Partners, etc.,
                           Alpha Technology
                           Corporation.
75,067..................  JLG Industries, Inc.,        McConnellsburg, PA....  January 3, 2011.
                           Access Segment; Oshkosh
                           Corporation; Leased
                           Workers Aerotek.
75,080..................  American Pad & Paper, LLC,   Mattoon, IL...........  January 7, 2010.
                           Esselte Corporation;
                           Leased Workers from
                           Administaff Companies II,
                           etc.
75,116..................  Cooper Industries, Cooper    Pewaukee, WI..........  January 18, 2010.
                           Power Systems Division;
                           Leased Workers from
                           Aerotek Staffing.
75,219..................  United Parcel Service, Inc.  West Columbia, SC.....  February 8, 2010.
                           (Ohio), Billing
                           Operations, Spherion.
75,229..................  H.C. Starck, Inc., Ceramics  Coldwater, MI.........  February 4, 2010.
                           and Surface Technology/
                           Advanced Metals and
                           Ceramic Powders Dept.
75,271..................  Broyhill Furniture           Lenoir, NC............  December 3, 2010.
                           Industries, Inc.,
                           Corporate Office;
                           Including Leased Workers
                           and Workers Wages Reported
                           Under, etc.
75,296..................  S4Carlisle Publishing        Dubuque, IA...........  February 14, 2010.
                           Services.
75,305..................  UDR, Inc., Accounting        Glen Allen, VA........  February 9, 2010.
                           Department.
----------------------------------------------------------------------------------------------------------------


[[Page 16450]]

    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
----------------------------------------------------------------------------------------------------------------
75,161..................  Continental Plastics         Fraser, MI............  January 31, 2010.
                           Company, Leased Workers
                           from ETS Staffing.
75,161A.................  Continental Plastics         Alpharetta, GA........  January 31, 2010.
                           Company, Leased Workers
                           from Randstad Staffing and
                           Recruiting.
75,161B.................  Continental Plastics         Chesterfield, MI......  January 31, 2010.
                           Company, Chesterfield,
                           Inc., Leased Workers from
                           ETS Staffing.
75,161C.................  Continental Coatings, LLC,   China Township, MI....  January 31, 2010.
                           Leased Workers from ETS
                           Staffing.
75,161D.................  Continental Industries,      Benzonia, MI..........  January 31, 2010.
                           LLC, Leased Workers from
                           ETS Staffing.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
75,131..................  JLG Industries, Inc.,        Hagerstown, MD.          ................................
                           Access Division; Oshkosh
                           Corporation.
75,310..................  BancTec, Field Service       N/A, NC.                 ................................
                           Representatives.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,894..................  Cross Creek Furniture......  Hudson, NC.             .................................
----------------------------------------------------------------------------------------------------------------

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 petitions are the subject of ongoing investigations under 
petitions filed earlier covering the same petitioners.

----------------------------------------------------------------------------------------------------------------
        TA-W No.                  Subject firm                Location                    Impact date
----------------------------------------------------------------------------------------------------------------
75,269..................  Evergreen Solar, Inc., 112   Devens, MA............  February 11, 2010.
                           Barnum Road; Leased
                           Workers Advantage
                           Technical Resources and
                           Kelly Service.
75,272..................  Evergreen Solar, Inc.,       Marlboro, MA.           .................................
                           Leased Workers from
                           Advantage Technical
                           Resources.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of March 7, 2011 through March 11, 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 <a href="/cdn-cgi/l/email-protection#9aeef5fcf5f3fbe8ffebefffe9eedafef5f6b4fdf5ec"><span class="__cf_email__" data-cfemail="4c38232a23252d3e293d39293f380c282320622b233a">[email protected]</span></a>. These determinations also are available 
on the Department's Web site at http://www.doleta.gov/tradeact under 
the searchable listing of determinations.

    Dated: March 16, 2011.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-6804 Filed 3-22-11; 8:45 am]
BILLING CODE 4510-FN-P


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