[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Notices]
[Pages 2713-2716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-762]


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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 13, 2010 through December 17, 2010.
    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

[[Page 2714]]

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
----------------------------------------------------------------------------------------------------------------
73,745.........................  Zumtobel Lighting, Inc.,   Garfield, NJ........  March 17, 2009.
                                  Zumtobel Ag, National
                                  Labor Strategy.
73,971.........................  Liz Palacios Designs Ltd.  San Francisco, CA...  September 6, 2009.
74,037.........................  Electronic Technical       Albuquerque, NM.....  April 20, 2009.
                                  Services, Inc.
74,317.........................  Irving Forest Products...  Fort Kent, ME.......  June 17, 2009.
74,423.........................  Kennametal Extrude Hone,   Irwin, PA...........  July 15, 2009.
                                  Kennametal, Leased Wkrs
                                  from Adecco Employment
                                  Service and Kelly
                                  Services.
74,625.........................  Duro Bag Manufacturing     Hudson, WI..........  September 13, 2009.
                                  Company.
74,676.........................  Sparton Medical Systems    Frederick, CO.......  September 28, 2009.
                                  Corporation, Leased
                                  Workers Resource Mfg.
74,698.........................  Fraser, N.H. LLC, Fraser   Gorham, NH..........  March 13, 2010.
                                  Paper LTD., Leased
                                  Workers of Vescom
                                  Corporation.
74,702.........................  Sperry and Rice            Killbuck, OH........  October 4, 2009.
                                  Manufacturing Company,
                                  LLC.
74,775.........................  Guardian Manufacturing     Willard, OH.........  October 21, 2009.
                                  Company, LLC, Paug-Vik
                                  Enterprises, Inc.
74,780.........................  Harvard Folding Box        Lynn, MA............  October 20, 2009.
                                  Company, Also Known As
                                  Ideal Box Company,
                                  Diamond Staffing.
74,780A........................  Harvard Folding Box        Lawrence, MA........  October 20, 2009.
                                  Company, Also Known As
                                  Ideal Box Company,
                                  Encore Staffing.
74,832.........................  SK Hand Tools Corporation  Defiance, OH........  November 2, 2009.
74,840.........................  Startek USA, Inc.........  Grand Junction, CO..  October 12, 2009.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,271.........................  BAE Systems Platform       Johnson City, NY....  June 21, 2009.
                                  Solutions, Electrical &
                                  Mechanical Circuit,
                                  Supperior Tech, Aerotek,
                                  Ensco, RPQ.
74,582.........................  ACF Industries, LLC,       Milton, PA..........  August 31, 2009.
                                  Workforce Temps.

[[Page 2715]]

 
74,614.........................  International Business     Denver, CO..........  September 9, 2009.
                                  Systems (IBM), Global
                                  Technology Services,
                                  Xcel Energy Account.
74,641.........................  Citicorp Credit Services,  Irving, TX..........  September 17, 2009.
                                  Inc. (USA), Citigroup
                                  Management Corp.,
                                  Finance Reconciliation.
74,771.........................  Psychonomic Society,       Austin, TX..........  October 21, 2009.
                                  Publications Office.
74,794.........................  Datrose, Working On-site   Webster, NY.........  October 27, 2009.
                                  at Xerox.
74,820.........................  Clearwater Paper           Spokane, WA.........  October 28, 2009.
                                  Corporation, Finance
                                  Division, Leased Workers
                                  from Express Temp
                                  Services.
74,821.........................  Hewlett Packard, Global    Tulsa, OK...........  November 1, 2009.
                                  Information Security,
                                  Virtual Workers
                                  Reporting To.
74,852.........................  Genascis, LLC, fks         Los Angeles, CA.....  November 8, 2009.
                                  Physician Management
                                  Group, Robert Half
                                  International, Legal,
                                  etc.
74,863.........................  Neiman Marcus Group,       Irving, TX..........  November 10, 2009.
                                  Information Services
                                  Division.
74,867.........................  ABB, Inc., Reliability     Westerville, OH.....  November 3, 2009.
                                  Services.
74,885.........................  Haldex Brake Products      Grand Haven, MI.....  November 16, 2009.
                                  Corporation, Leased
                                  Workers from Manpower.
74,915.........................  Lay-Z-Boy................  Siloam Springs, AR..  November 22, 2009.
74,915A........................  Lay-Z-Boy, Working On-     Siloam Springs, AR..  November 22, 2009.
                                  Site at Lay-Z-Boy.
74,916.........................  Philips Luminaries North   Sparta, TN..........  November 22, 2009.
                                  America, Sparta
                                  Operations Division,
                                  Philips, Leased Workers
                                  from @Work.
74,918.........................  Henkel Corporation.......  Olean, NY...........  November 22, 2009.
74,918A........................  Henkel Corporation,        Olean, NY...........  November 22, 2009.
                                  Leased Workers at Henkel
                                  Corporation.
74,920.........................  Raypak, Inc., PI US        Arcadia, FL.........  November 22, 2009.
                                  Holdings.
74,921.........................  Anthem Blue Cross and      Fond Du Lac, WI.....  November 23, 2009.
                                  Blue Shield, Senior
                                  Medicare, Claims Rep
                                  Unit, Kelly Services.
74,934.........................  Ilpea Industries, Inc....  Fort Smith, AR......  November 29, 2009.
74,934A........................  TEC Staffing Services, On- Fort Smith, AR......  November 29, 2009.
                                  Site at Ilpea
                                  Industries, Inc.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,857.........................  Federal Mogul              Schofield, WI.......  October 15, 2009.
                                  Corporation, Leased
                                  Workers of Aerotek.
74,910.........................  Denim North America,       Columbus, GA........  November 12, 2009.
                                  Leased Workers of
                                  Westaff Agency.
74,952.........................  Johnston Textiles, Inc.,   Opp, AL.............  December 1, 2009.
                                  Micolas Plant, Johnston
                                  Acquisition, Leased
                                  Workers of Ambessador
                                  Personnel.
74,960.........................  Caraustar Custom           Versailles, CT......  December 3, 2009.
                                  Packaging Group,
                                  Caraustar Industries,
                                  Leased Workers from
                                  Manpower.
----------------------------------------------------------------------------------------------------------------

    The following certifications have been issued. The requirements of 
Section 222(f) (firms identified by the International Trade Commission) 
of the Trade Act have been met.

----------------------------------------------------------------------------------------------------------------
            TA-W No.                    Subject firm              Location                  Impact date
----------------------------------------------------------------------------------------------------------------
74,574.........................  Luke Paper Company,        Luke, MD............  November 17, 2009.
                                  NewPage Corporation,
                                  Leased Workers from
                                  Select 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
----------------------------------------------------------------------------------------------------------------
74,312.........................  Maine Industrial Tire,     Gorham, ME..........
                                  LLC.
74,816.........................  JPMorgan Chase & Co.,      Cincinnati, OH......
                                  Tresury and Securities,
                                  World Security,
                                  Transfer, Forum,
                                  Aerotek, Integrity.
----------------------------------------------------------------------------------------------------------------

    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 2716]]



----------------------------------------------------------------------------------------------------------------
            TA-W No.                    Subject firm              Location                  Impact date
----------------------------------------------------------------------------------------------------------------
73,857.........................  The Marlin Firearms        North Haven, CT.....
                                  Company, Inc., Remington
                                  Arms.
74,263.........................  Sitton Motor Lines, Inc..  Joplin, MO..........
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
74,670.........................  McCrorie Wood Products...  Hickory, NC.........
74,913.........................  Sara Lee Bakery, Sara Lee  Bellevue, NE........
                                  Corporation.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,011.........................  Kennametal, Inc., Leased   Bedford, PA.........
                                  Workers From Spherion
                                  Staffing Services.
74,750.........................  HomEq Servicing..........  Raleigh, NC.........
74,781.........................  Harvard Folding Box        Lawrence, MA........
                                  Company, Also Known As
                                  Ideal Box Company.
74,988.........................  Ingersoll Rand Company,    Bridgeton, MO.......
                                  Hussman Corporation,
                                  Climate Solutions.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of December 13, 2010 through December 17, 2010. 
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#4a3e252c25232b382f3b3f2f393e0a2e2526642d253c"><span class="__cf_email__" data-cfemail="6c18030a03050d1e091d19091f182c080300420b031a">[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: December 21, 2010.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance .
[FR Doc. 2011-762 Filed 1-13-11; 8:45 am]
BILLING CODE 4510-FN-P


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