[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20046-20048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8495]


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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 21, 2011 through March 25, 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;
    (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

[[Page 20047]]

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
------------------------------------------------------------------------
74,748...............  Anderson         Patten, ME.....  September 29,
                        Hardwood                          2009.
                        Floors, LLC,
                        Shaw
                        Industries
                        Group, Inc.,
                        07, Hard
                        Surfaces
                        Division.
74,796...............  Eagle Cap        La Grande, OR..  October 29,
                        Campers, Inc.                     2009.
75,008...............  Weyerhaeuser     Titusville, PA.  December 8,
                        NR, Choicewood                    2009.
                        Division.
75,014...............  Fairchild        South Portland,  November 9,
                        Semiconductor,   ME.              2010.
                        Leased Workers
                        from Manpower
                        Professional.
75,049...............  The Buckstaff    Oshkosh, WI....  December 28,
                        Company,                          2009.
                        Oshkosh
                        Industries,
                        Inc.
75,082...............  Simmons          Neenah, WI.....  January 7,
                        Manufacturing                     2010.
                        Company, LLC,
                        Juvenile
                        Division.
75,097...............  Fraser Timber    Ashland, ME....  December 14,
                        Limited,                          2009.
                        Fraser Papers,
                        Inc.
75,130...............  FTCA, Inc.,      Somerset, PA...  January 21,
                        Also Known As                     2010.
                        Fleetwood
                        Folding
                        Trailers, Inc.
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
74,961...............  Pfizer, Wyeth    Rouses Point,    December 2,
                        Pharmaceutical   NY.              2010.
                        s, Pfizer
                        Global, Leased
                        Workers
                        Westaff, Kelly
                        Service.
74,961A..............  Pfizer, Wyeth    Chazy, NY......  December 2,
                        Pharmaceutical                    2010.
                        s, Pfizer
                        Research
                        Division.
74,993...............  Baxter           Beltsville, MD.  December 13,
                        Healthcare                        2009.
                        Corporation,
                        Baxter
                        International,
                        Inc.; Leased
                        Workers
                        Aerotek and
                        Kelly Services.
75,069...............  Reliance         Denver, CO.....  December 28,
                        Globalcom                         2009.
                        Services,
                        Inc., Yipes
                        Holding, Inc..
75,145...............  Volvo Group      Greensboro, NC.  January 27,
                        North America,                    2010.
                        LLC, Volvo
                        Information
                        Technology, AB
                        Volvo, Leased
                        Workers
                        Ajilon,
                        Andreas, etc.
75,146...............  Berkley          Uniontown, PA..  January 26,
                        Surgical                          2010.
                        Company.
75,163...............  Capgemini        Chicago, IL....  January 31,
                        America, Inc.,                    2010.
                        Capgemini NA;
                        MIS Div.;
                        Leased Workers
                        Advanced
                        Programming
                        Group, etc.
75,163A..............  Capgemini        New York, NY...  January 31,
                        America, Inc.,                    2010.
                        Capgemini NA;
                        MIS Div.;
                        Leased Workers
                        Advanced
                        Programming
                        Group, etc.
75,182...............  Union Apparel,   Norvelt, PA....  November 27,
                        Inc.                              2010.
75,186...............  Stanley Black &  Jackson, TN....  February 7,
                        Decker,                           2010.
                        Customer DIY
                        Div.; North
                        Campus; Leased
                        Workers
                        Personnel
                        Placements
                        LLC, etc.
75,188...............  Dell Services,   Tulsa, OK......  February 7,
                        CHPW Account,                     2010.
                        Workers Wages
                        Reported Under
                        Transaction
                        Applications
                        Group.
75,232...............  The Travelers    Knoxville, TN..  February 10,
                        Indemnity                         2010.
                        Company,
                        Travelers
                        Companies,
                        Inc.; Personal
                        Insurance
                        Div.; Customer
                        Sales and
                        Service.
75,234...............  Stanley Black &  Jackson, TN....  February 8,
                        Decker, Inc.,                     2010.
                        CDIY Division,
                        Leased Worker
                        from Personnel
                        Placements.
75,293...............  Caraustar        Austell, GA....  February 14,
                        Industries,                       2010.
                        Inc.,
                        Corporate
                        Division,
                        Information
                        Technology,
                        etc., Leased
                        Workers
                        Manpower.
75,299...............  Thomson          Forth Worth, TX  February 14,
                        Reuters,                          2010.
                        Business
                        Compliance &
                        Knowledge
                        Solutions
                        Div., Leased
                        Workers Adecco
                        USA.
------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
75,001.............................  Means Industries, Inc.,      Saginaw, MI...........  December 15, 2009.
                                      Amsted Industries, Leased
                                      Workers of Kelly Services,
                                      Inc.
75,083.............................  Chrysler LLC, Powertrain     Detroit, MI...........  January 13, 2011.
                                      Division.
----------------------------------------------------------------------------------------------------------------


[[Page 20048]]

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) (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
----------------------------------------------------------------------------------------------------------------
74,819...............................  Analog Devices, Inc.,          Norwood, MA        .......................
                                        Corporate Headquarters.
74,935...............................  Husqvarna Turf Care,           Beatrice, NE       .......................
                                        Husqvarna A.B..
74,966...............................  Jerr-Dan Corporation, An       Greencastle, PA    .......................
                                        Oshkosh Corporation, Fire
                                        and Emergency Division.
75,011...............................  AJW Merchants, Inc. (AJW),     Fall River, MA     .......................
                                        TJX Companies, Leased
                                        Workers from Advanced Career
                                        Services.
75,159...............................  BAE Systems, Land and          Lemont Furnace,    .......................
                                        Armaments, U.S. Combat         PA
                                        Systems, Leased Workers of
                                        Spherion.
75,248...............................  All Clad Metalcrafters, LLC,   Canonsburg, PA     .......................
                                        Groupe SEB, Warehouse
                                        Division.
75,273...............................  Harsco Rail..................  Fairmont, MN       .......................
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
75,088...............................  Rieck Mechanical.............  Dayton, OH         .......................
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of March 21, 2011 through March 25, 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#1f6b707970767e6d7a6e6a7a6c6b5f7b707331787069"><span class="__cf_email__" data-cfemail="dca8b3bab3b5bdaeb9ada9b9afa89cb8b3b0f2bbb3aa">[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: April 1, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-8495 Filed 4-8-11; 8:45 am]
BILLING CODE 4510-FN-P


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