[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Notices]
[Pages 71459-71462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29426]


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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 
November 8, 2010 through November 12, 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 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

[[Page 71460]]

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
----------------------------------------------------------------------------------------------------------------
73,353...........................  Federal-Mogul Products,   Smithville, TN.....  January 13, 2009.
                                    Inc., Federal-Mogul
                                    Corporation, Leased
                                    Workers from Kelly
                                    Services.
73,900...........................  First American Title      Santa Ana, CA......  April 9, 2009.
                                    Insurance Company,
                                    Workers Wages Reported
                                    Under National Default
                                    Title Services; Leased
                                    Workers.
73,900A..........................  First American Title      Waterloo, IA.......  April 9, 2009.
                                    Insurance Company,
                                    Workers Wages Reported
                                    Under National Default
                                    Title Services; Leased
                                    Workers.
74,203...........................  Titan Tire Corporation,   Bryan, OH..........  May 20, 2009.
                                    Division of Titan
                                    International, Inc..
74,278...........................  St. Joseph Industries,    Battle Creek, MI...  June 10, 2009.
                                    Inc., Automotive
                                    Department.
74,537...........................  Polyair Corporation,      Youngstown, OH.....  August 13, 2009.
                                    Leased from Callos
                                    Companies and Snelling
                                    Staffing.
74,573...........................  Kok's Woodgoods, Inc.,    Zeeland, MI........  August 26, 2009.
                                    Tenon Limited; Leased
                                    Workers from Adecco.
74,648...........................  Bosch Packaging           New Richmond, WI...  September 16, 2009.
                                    Technology, Inc.
                                    (PAUD), PA-PM Division;
                                    Applied Engineering and
                                    Corporate Services.
74,786...........................  Alexvale Furniture        Taylorsville, NC...  September 6, 2010.
                                    Company, Upholstery
                                    Division; Kincaid
                                    Furniture Company; La-z-
                                    Boy Chair Company.
74,786A..........................  Leased Workers from Onin  Taylorsville, NC...  October 26, 2009.
                                    Temporary Staffing
                                    Solutions, On-Site at
                                    Alexvale Furniture
                                    Company; Upholstery
                                    Division; etc..
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,000...........................  International Business    Endicott, NY.......  October 7, 2008.
                                    Machines (IBM), Global
                                    Business Services,
                                    Global Supply,
                                    Registration Database.
74,484...........................  New York Wire Co.,        Walterboro, SC.....  August 2, 2009.
                                    Walterboro Fiberglass
                                    Products, Leased
                                    Workers from Staff Mark
                                    & SC Voc. Rehab.
74,575...........................  International Business    Charleston, WV.....  August 25, 2009.
                                    Machines (IBM), Global
                                    Sales Operations
                                    Organization; One
                                    Teleworker, etc.
74,575A..........................  International Business    Dallas, TX.........  August 25, 2009.
                                    Machines (IBM), Global
                                    Sales Operations
                                    Organization; One
                                    Teleworker, etc.
74,575B..........................  International Business    Atlanta, GA........  August 25, 2009.
                                    Machines (IBM), Global
                                    Sales Operations
                                    Organization; Two
                                    Teleworkers, etc.
74,575C..........................  International Business    Phoenix, AZ........  August 25, 2009.
                                    Machines (IBM), Global
                                    Sales Operations
                                    Organization; One
                                    Teleworker, etc.
74,647...........................  Regent Group, Inc.,       Blue Ridge Summit,   September 16, 2009.
                                    Encore Marketing;         PA.
                                    Express Employment,
                                    Blue Ridge.
74,671...........................  Hewlett Packard, Global   Houston, TX........  September 23, 2009.
                                    Parts Supply Chain,
                                    Teleworkers, etc.
74,673...........................  Los Angeles Daily News    San Bernardino, CA.  September 22, 2009.
                                    Publishing Company, Pre-
                                    Press Department.
74,678...........................  Primus International,     Algona, WA.........  September 27, 2009.
                                    Inc., Aurburn Division;
                                    Leased Workers from
                                    Aerotek.
74,685...........................  Coats American, Inc.,     Charlotte, NC......  September 28, 2009.
                                    Leased Workers from
                                    Allen & Assoc of
                                    America.
74,768...........................  Fortune Fashions          Vernon, CA.........  October 12, 2009.
                                    Industries, LLC, Leased
                                    Workers from Temp Depot.
74,793...........................  Nicholson File Company,   Cullman, AL........  October 27, 2009.
                                    Apex Tool Group, LLC.
74,807...........................  UView Ultraviolet         Santa Ana, CA......  October 27, 2009.
                                    Systems, Inc., Some
                                    Wages Reported Under
                                    Motorvac Technologies,
                                    Inc.
74,815...........................  Areva NP, Inc., Fuel      Lynchburg, VA......  October 25, 2009.
                                    Business, Newport News
                                    Industry and System One
                                    Services.
74,818...........................  Tubular Metal Systems,    Pinconning, MI.....  October 25, 2009.
                                    LLC, Global Automotive
                                    Systems, LLC.
----------------------------------------------------------------------------------------------------------------


[[Page 71461]]

    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
----------------------------------------------------------------------------------------------------------------
73,480...........................  Stant USA Corp.,          Connersville, IN...  January 21, 2009.
                                    Formerly Known as Stant
                                    Manufacturing, Inc.
74,356...........................  Industrial Technologies   Missoula, MT.......  July 2, 2009.
                                    Corporation.
74,468...........................  Cameron International,    Buffalo, NY........  July 5, 2009.
                                    Division of Process and
                                    Compression Systems,
                                    Leased Workers EGW
                                    Personnel.
74,627...........................  World Wide Technology,    Greensboro, NC.....  September 13, 2009.
                                    Leased Workers from
                                    Prologistics.
74,693...........................  UFE, Inc., Leased         El Paso, TX........  September 20, 2009.
                                    Workers Job Connection
                                    and DM Dickason.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
73,018...........................  Smurfit-Stone Container   Mansfield, OH......  ..............................
                                    Corporation, Container
                                    Division.
73,624...........................  YRC, Inc., YRC            Columbus, OH.......  ..............................
                                    Worldwide, Inc..
73,714...........................  Interscope                Middletown, OH.....  ..............................
                                    Manufacturing, Inc..
73,925...........................  Bunge Milling, Inc.,      Danville, IL.......  ..............................
                                    Bunge North America,
                                    Inc., Leased Workers
                                    from Initial Security
                                    and Eurofin.
74,689...........................  Amdocs, Inc., Global      New Haven, CT......  ..............................
                                    Support Services,
                                    Advertising and Media
                                    AT&T Division.
74,692...........................  Bank of America,          Charlotte, NC......  ..............................
                                    Centralized Sales
                                    Payment Office.
74,721...........................  Dillard's, Inc.,          Little Rock, AR....  ..............................
                                    Information Technology
                                    Division.
74,767...........................  Wausau Daily Herald,      Wausau, WI.........  ..............................
                                    Advertising Production
                                    Division, Gannett Co.,
                                    Inc.
----------------------------------------------------------------------------------------------------------------

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 USC 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
----------------------------------------------------------------------------------------------------------------
74,639............................  Intellectual Ventures  Bellevue, WA.........  ..............................
----------------------------------------------------------------------------------------------------------------

    The following determinations terminating investigations were issued 
in cases where these petitions were not filed in accordance with the 
requirements of 29 CFR. 90.11. Every petition filed by workers must be 
signed by at least three individuals of the petitioning worker group. 
Petitioners separated more than one year prior to the date of the 
petition cannot be covered under a certification of a petition under 
Section 223(b), and therefore, may not be part of a petitioning worker 
group. For one or more of these reasons, these petitions were deemed 
invalid.

----------------------------------------------------------------------------------------------------------------
             TA-W No.                    Subject firm             Location                  Impact date
----------------------------------------------------------------------------------------------------------------
74,194............................  After Six............  Athens, GA...........  ..............................
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
74,346....  Warner Brothers         Burbank, CA......  .................
             Entertainment Company.
74,791....  Butternut One Ltd.,     Beckley, WV......  .................
             Cranberry Hardwoods,
             Inc.
74,792....  Greenbrier Forest       Smoot, WV........  .................
             Products, Inc.,
             Cranberry Hardwoods,
             Inc.
74,805....  Cranberry Resources,    Beckley, WV......  .................
             LLC, Cranberry
             Hardwoods, Inc.
74,806....  Cranberry Hardwoods,    Beckley, WV......  .................
             Inc.
74,826....  Cranberry Lumber        Newport, OH......  .................
             Company.
------------------------------------------------------------------------


[[Page 71462]]

    I hereby certify that the aforementioned determinations were issued 
during the period of November 8, 2010 through November 12, 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#9de9f2fbf2f4fceff8ece8f8eee9ddf9f2f1b3faf2eb"><span class="__cf_email__" data-cfemail="b2c6ddd4dddbd3c0d7c3c7d7c1c6f2d6ddde9cd5ddc4">[email protected]</span></a>. These determinations 
also are available on the Department's Web site at 
http:[sol][sol]www.doleta.gov/tradeact under the searchable listing of 
determinations.

    Dated: November 16, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-29426 Filed 11-22-10; 8:45 am]
BILLING CODE 4510-FN-P


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