16450 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 

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 Company, Leased Workers from ETS Staffing Fraser, MI .................................... January 31, 2010. 

75,161A .......... Continental Plastics Company, Leased Workers from Randstad 

Staffing and Recruiting.

Alpharetta, GA ............................. January 31, 2010. 

75,161B .......... Continental Plastics Company, Chesterfield, Inc., Leased Workers 

from ETS Staffing.

Chesterfield, MI ........................... January 31, 2010. 

75,161C .......... Continental Coatings, LLC, Leased Workers from ETS Staffing ..... China Township, MI .................... January 31, 2010. 

75,161D .......... Continental Industries, LLC, Leased Workers from ETS Staffing .... Benzonia, MI ............................... January 31, 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 

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., Access Division; Oshkosh Corporation ........... Hagerstown, MD. 

75,310 ............ BancTec, Field Service Representatives .......................................... N/A, NC. 

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 Barnum Road; Leased Workers Advantage Technical Resources and Kelly Service.Devens, MA .................................. February 11, 2010. 

75,272 ......... Evergreen Solar, Inc., Leased Workers from Advantage Technical 

Resources.

Marlboro, MA. 

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 

tofoiarequest@dol.gov. 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 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–73,938] 

Management Resources Group, Inc., 

Including Workers in the States of 

Georgia and New York Reporting to 

Southbury, CT; Notice of Revised 

Determination on Remand 

On January 13, 2011, the United 

States Court of International Trade 

(USCIT) granted the Department of 

Labor’s request for voluntary remand to 

conduct further investigation in Former 

Employees of Management Resources 

Group, Inc. v. United States Secretary of 

Labor, Court No. 10–00345. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Notices 16451 

On April 15, 2010, a State of 

Connecticut Workforce Office 

representative filed a petition for Trade 

Adjustment Assistance (TAA) with the 

Department of Labor (Department) on 

behalf of workers and former workers of 

Management Resources Group, Inc., 

Southbury, Connecticut (subject firm). 

Workers at the subject firm (subject 

worker group) are engaged in 

employment related to the supply of 

asset reliability engineering consulting 

services. The worker group does not 

include on-site leased workers. 

The Department’s initial findings 

revealed that the subject firm did not 

import services like or directly 

competitive with the engineering 

consulting services supplied by the 

workers, shift the supply of these 

services abroad, or acquire from a 

foreign country the supply of these 

services, during the period under 

investigation. Further, the Department 

surveyed the subject firm’s major 

declining customers regarding imports 

of engineering consulting services 

during the relevant time period. The 

survey revealed that none of the 

customers imported services like or 

directly competitive with those 

supplied by the subject firm. 

Consequently, the Department 

determined that the group eligibility 

requirements under Section 222 of the 

Trade Act, as amended (the Act), had 

not been met. 

On September 16, 2010, the 

Department issued a Negative 

Determination regarding eligibility to 

apply for TAA applicable to workers 

and former workers of the subject firm. 

The Department’s Notice of 

Determination was published in the 

Federal Register on September 29, 2010 

(75 FR 60145). 

The Department did not receive a 

request for administrative 

reconsideration. 

In the complaint to the USCIT, the 

Plaintiffs claimed that subject firm 

workers were impacted by a shift in 

services to a foreign country as 

‘‘[Management Resources Group, Inc.] 

outsourced work previously done by 

Plaintiffs to a firm in India * * *.’’ 

On January 11, 2011, the Department 

requested voluntary remand to conduct 

further investigation to address the 

Plaintiffs’ allegations, to determine 

whether the subject worker group is 

eligible to apply for TAA, and to issue 

an appropriate determination. On 

January 13, 2011, the USCIT granted the 

Department’s Motion for Voluntary 

Remand. 

To apply for worker adjustment 

assistance under Section 222(a) of the 

Act, 19 U.S.C. 2272(a), the following 

criteria must be met: 

I. The first criterion (set forth in 

Section 222(a)(1) of the Act, 19 U.S.C. 

2272(a)(1)) requires that a significant 

number or proportion of the workers in 

the workers’ firm must have become 

totally or partially separated or be 

threatened with total or partial 

separation. 

II. The second criterion (set forth in 

Section 222(a)(2) of the Act, 19 U.S.C. 

2272(a)(2)) may be satisfied if either: 

(i)(I) 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; OR 

(i)(II) 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. 

III. The third criterion requires that 

the shift/acquisition must have 

contributed importantly to the workers’ 

separation or threat of separation. See 

Section 222(a)(2)(B)(ii) of the Act, 19 

U.S.C. 2272(a)(2)(B)(ii). 

The intent of the Department is for a 

certification to cover all workers of the 

subject firm, or appropriate subdivision, 

who were adversely affected by 

increased imports of services like or 

directly competitive with those 

supplied by the subject worker group or 

a shift to or acquisition from a foreign 

country of the service supplied by the 

workers, based on the investigation of 

the TAA petition. 

During the remand investigation, the 

Department carefully reviewed 

previously submitted information, 

obtained additional information from 

the subject firm, and solicited input 

from the Plaintiffs. 

Based on the information collected 

during the remand investigation, the 

Department determined that a 

significant number or proportion of the 

workers at the subject firm was totally 

or partially separated, or threatened 

with such separation. Further, the 

Department determined that workers in 

the Inventory Services Group, which 

performs activities related to 

Maintenance, Repair, and Operations, 

were impacted by a shift in the supply 

of services abroad and that the shift 

contributed importantly to worker 

separations at the subject firm. The 

functions of the other groups within the 

subject firm also support activities 

related to supply of asset reliability 

engineering consulting services, and are 

included under this petition. 

Specifically, during the period under 

investigation, the subject firm shifted to 

India the supply of services like or 

directly competitive with those 

supplied by the Inventory Services 

Group. Information collected revealed 

evidence of a foreign contract in 

conjunction with declines in domestic 

employment. 

The subject worker group includes all 

workers at the Southbury, Connecticut 

location and employees who worked 

remotely in the States of Georgia and 

New York and reported to Southbury, 

Connecticut during the relevant time 

period. The subject worker group does 

not include on-site leased workers. 

After careful review on remand, the 

Department has determined that a 

significant number or proportion of the 

workers at the subject firm was 

separated. Further, the Department has 

determined that a shift abroad of 

services like or directly competitive 

with the services supplied by the 

subject worker group contributed 

importantly to worker group 

separations. Therefore, the Department 

has determined that the group eligibility 

requirements, under Section 

222(a)(2)(B) of the Act, have been met. 

Conclusion 

After careful review of the facts 

during the remand investigation, I 

determine that Management Resources 

Group, Inc., Southbury, Connecticut, 

has shifted to a foreign country the 

supply of services like or directly 

competitive with the engineering 

consulting services supplied by the 

subject worker group. In accordance 

with the provisions of the Act, I make 

the following certification: 

All workers of Management Resources 

Group, Inc., Southbury, Connecticut, 

including workers in Georgia and New York 

who report to the subject firm, who are 

engaged in employment related to the supply 

of asset reliability engineering consulting 

services and became totally or partially 

separated from employment on or after April 

15, 2008, through two years from the date of 

this revised certification, and all workers in 

the group threatened with total or partial 

separation from employment on date of 

certification through two years from the date 

of certification, are eligible to apply for 

adjustment assistance under Chapter 2 of 

Title II of the Trade Act of 1974, as amended. 

Signed at Washington, DC this 10th day of 

March 2011. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2011–6803 Filed 3–22–11; 8:45 am] 

BILLING CODE 4510–FN–P 


jlentini on DSKJ8SOYB1PROD with NOTICES