[Federal Register Volume 76, Number 59 (Monday, March 28, 2011)]
[Notices]
[Pages 17154-17157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7154]


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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 
February 7, 2011 through February 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

[[Page 17155]]

    (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
----------------------------------------------------------------------------------------------------------------
74,432..................  D-Tech USA LLC.............  Plano, TX.............  July 23, 2009.
74,652..................  Gentry Mills, Inc..........  Albemarle, NC.........  August 28, 2010.
74,730..................  Roseburg Forest Products,    Dillard, OR...........  September 30, 2009.
                           Sawmill Division.
74,783..................  Louisville Bedding Company.  Munfordville, KY......  October 18, 2009.
74,783A.................  Louisville Bedding Company.  Ontario, CA...........  October 18, 2009.
74,783B.................  Louisville Bedding Company.  Louisville, KY........  October 18, 2009.
74,919..................  Severstal International,     Sparrows Point, MD....  November 22, 2009.
                           Leased Workers Echelon
                           Service Company, Sun
                           Associated Industries,
                           Inc.; etc.
74,998..................  Temple-Inland..............  Scranton, PA..........  December 3, 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
----------------------------------------------------------------------------------------------------------------
74,437..................  Deloitte Services, LP, A      Wilton, CT.............  July 28, 2009.
                           Subsidiary of Deloitte LLP;
                           Leased Workers Appleone and
                           Adecco.
74,650..................  Probuild Company, LLC,        Cherry Hill, NJ........  September 22, 2009.
                           Probuild Holdings LLC;
                           North East Division; NJ/PA
                           Outside Sales, etc.
74,809..................  Diversey Equipment/Beta       Santa Cruz, CA.........  October 20, 2009.
                           Technology, Diversey, Inc.;
                           Leased Workers of Manpower.
74,847..................  Dell Healthcare Services,     Providence, RI.........  October 20, 2009.
                           Blue Cross Blue Shield
                           Rhode Island Account;
                           Leased Workers, etc.
74,950..................  Navistar, Inc., Navistar      Springfield, OH........  November 29, 2009.
                           International Corporation,
                           Including Leased Workers.
74,968..................  Brady Corporation, Leased     Brooklyn Park, MN......  December 6, 2009.
                           Workers from Aerotek.

[[Page 17156]]

 
74,994..................  The Travelers Indemnity       Houston, TX............  December 14, 2009.
                           Company, Personal Insurance
                           Operations Division.
74,995..................  Bush Industries, Inc.,        Erie, PA...............  December 10, 2009.
                           Leased Workers from Express
                           Employment Professionals.
74,999..................  Central Maine Healthcare      Lewiston, ME...........  November 30, 2009.
                           Corporation, Medical
                           Transcriptionist Working
                           from their Homes In Maine.
75,009..................  The UBS Group, a Div. of UBS  Stamford, CT...........  December 15, 2009.
                           AG, Corp. Center Div.,
                           Group Tech, etc.
75,009A.................  The UBS Group, a Div. of UBS  Chicago, IL............  December 15, 2009.
                           AG, Corp. Center Div.,
                           Group Tech, etc.
75,009B.................  The UBS Group, a Div. of UBS  New York, NY...........  December 15, 2009.
                           AG, Corp. Center Div.,
                           Group Tech, etc.
75,051..................  American Express Company,     Salt Lake City, UT.....  December 28, 2009.
                           Sales Settlement
                           Reconciliation Team, Leased
                           Workers Kelly Services, etc.
75,095..................  InterMetro Industries         Wilkes-Barre, PA.......  January 12, 2010.
                           Corporation, Emerson
                           Electric Corporation;
                           Leased Workers Onesource
                           Staffing, etc.
75,100..................  STEC, Inc., Manufacturing     Santa Ana, CA..........  November 26, 2010.
                           Division.
75,115..................  Accenture LLP, Corporate      Chicago, IL............  January 18, 2010.
                           Functions Finance; Chicago
                           Metro Locations.
75,134..................  Veyance Technologies, Inc...  Lincoln, NE............  February 10, 2011.
75,134A.................  Leased Workers From Adecco    Lincoln, NE............  February 10, 2011.
                           Employment Services, etc.,
                           Working On-Site at Veyance
                           Technologies, Inc.
75,139..................  Somanetics Corporation,       Troy, MI...............  January 24, 2010.
                           Covidien; Leased Workers of
                           Aerotek and Critech
                           Research.
75,139A.................  Somanetics Corporation,       Gainsville, FL.........  January 24, 2010.
                           Covidien; Leased Workers of
                           Aerotek and Critech
                           Research.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,755..................  Oak Level Furnishing and     Martinsville, VA......  September 25, 2009.
                           Repair.
74,908..................  Continental Structural       North Baltimore, OH...  January 1, 2011.
                           Plastics, Leased Workers
                           from Time Staffing and
                           Kelly Services.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
74,835..................  Euchre Mountain Logging,     Condon, MT.             .................................
                           Inc..
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,182..................  Chicago Packaging Company,   Chicago, IL.            .................................
                           Now known as 1855 LLC, DBA
                           Chicago Packaging Company.
74,315..................  Rich Products Corporation,   Buffalo, NY.            .................................
                           R E Rich Family Holding
                           Corporation.
74,868..................  Ameritech Publishing, Inc.,  Livonia, MI.            .................................
                           AT&T, Inc..
74,936..................  Teleperformance USA........  Akron, OH.              .................................
75,000..................  Harley-Davidson Motor        Milwaukee, WI.          .................................
                           Company Operations, Inc.,
                           Powertrain Operations
                           Division, Corporate
                           Office--Juneau Avenue.
75,000A.................  Harley-Davidson Motor        Franklin, WI.           .................................
                           Company Operations, Inc.,
                           Powertrain Operations
                           Division, Corporate
                           Office, Franklin
                           Distribution.
75,000B.................  Harley-Davidson Motor        Menomonee Falls, WI.    .................................
                           Company Operations, Inc.,
                           Powertrain Operations
                           Division, Corporate
                           Office, Pilgrim Road.
75,000C.................  Harley-Davidson Motor        Wauwatosa, WI.          .................................
                           Company Operations, Inc.,
                           Powertrain Operations
                           Division, Corporate
                           Office, etc.
75,034..................  East Jefferson General       Metairie, LA.           .................................
                           Hospital, Home Medical
                           Transcriptionist From
                           Mississippi and Louisiana.

[[Page 17157]]

 
75,072..................  New NGC, Inc. DBA National   Charlotte, NC.          .................................
                           Gypsum Company,
                           Headquarters.
75,072A.................  NGC Shared Services,         Charlotte, NC.          .................................
                           Headquarters.
75,090..................  Wausau Daily Herald,         Wausau, WI.             .................................
                           Advertising Production
                           Division, Gannett Co., Inc.
75,091..................  Hotels.com, Finance........  Dallas, TX.             .................................
75,160..................  ITR Concession Company,      Granger, IN.            .................................
                           LLC, Leased Workers from
                           Express Employment
                           Professionals.
----------------------------------------------------------------------------------------------------------------

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 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
----------------------------------------------------------------------------------------------------------------
73,898..................  General Electric Company,    Erie, PA.
                           Transportation Division
74,469..................  Deloitte Services, LP, A     Boston, MA .            .................................
                           Subsidiary of Deloitte LLP
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
75,170...................  Somanentics.............  Troy, MI.                ..................................
75,170A..................  Somanentics.............  Gainsville, FL.          ..................................
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of February 7, 2011 through February 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#d3a7bcb5bcbab2a1b6a2a6b6a0a793b7bcbffdb4bca5"><span class="__cf_email__" data-cfemail="d0a4bfb6bfb9b1a2b5a1a5b5a3a490b4bfbcfeb7bfa6">[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: February 17, 2011.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-7154 Filed 3-25-11; 8:45 am]
BILLING CODE 4510-FN-P


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