[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Notices]
[Pages 48302-48304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22759]


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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 
July 27 through August 7, 2009.
    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 48303]]

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-70,413; Berkline/BenchCraft, LLC, Plant 5, Livingston, TN, May 17, 
2009.
TA-W-70,414; Berkline/BenchCraft, LLC, Plants 1, 2, 3, and 6, 
Morristown, TN, May 19, 2008.
TA-W-70,589; Rex-Cut Products, Inc., Fall River, MA, May 22, 2008.
TA-W-71,141; Ruud Lighting, Inc., Racine, WI, May 28, 2008.
TA-W-71,153; DeRoyal Textiles, Inc., A Subsidiary of DeRoyal 
Industries, Leased Workers From Gallman Personnel, Camden, SC, June 13, 
2009.
TA-W-71,403; Ethan Allen Operations, Inc., A Subsidiary of Ethan Allen 
Global, Beecher Falls, VT, June 25, 2008.
TA-W-71,404; Ethan Allen Operations, Inc., A Subsidiary of Ethan Allen 
Global, Orleans, VT, June 25, 2008.
TA-W-71,410; Noble Metal Processing, Indiana, Inc., Leased Workers from 
Pro Resources, Butler, IN, June 22, 2008.
TA-W-70,082; Fort Wayne Foundry Corporation, Fort Wayne, IN, May 18, 
2008.
TA-W-70,595; Checker Motors Corporation, Kalamazoo, MI, May 21, 2008.
TA-W-70,703; Hemingway Apparel Manufacturing, Inc., Hemingway, SC, May 
20, 2008.
TA-W-71,406; Weyerhaeuser NR Company, Aberdeen Forest Area Div., 
Cosmopolis, WA, June 12, 2008.
TA-W-71,407; Weyerhaeuser NR Company, Pe Ell Forest Area Division, Pe 
Ell, WA, June 12, 2008.
TA-W-70,926; BLC Consulting Service, LLC, BLCPro Division, New London, 
CT, May 26, 2008.
TA-W-70,567; Protexall, Inc, Galesburg, IL, May 22, 2008.
TA-W-70,798; Southwest Apparel Corp., Hohenwald, TN, May 27, 2008.
TA-W-71,736; Texas and Northern Railway, A Subsidiary of Transtar, 
Inc., Lone Star, TX, July 16, 2008.

    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-70,066; Emerson Network Power, Embedded Computing, Leased Workers 
from Manpower, Tempe, AZ, May 18, 2008.
TA-W-70,085; Emerson Network Power, Embedded Computing, Leased Workers 
of QTI, Madison, WI, May 18, 2008.
TA-W-70,575; Visteon Corporation, Visteon Headquarters, Van Buren 
Township, MI, May 18, 2008.
TA-W-70,069; Emerson Network Power, Embedded Computing, Marlborough, 
MA, May 18, 2008.
TA-W-70,093A; Kelly Services, A Subsidiary of Cookson Group, PLC, 
Fisher, IL, May 18, 2008.
TA-W-70,093; Vesuvius USA, A Subsidiary of Cookson Group, PLC, Fisher, 
IL, May 18, 2008.
TA-W-70,120; Cyberoptics Corporation, On-Site Leased Workers From 
Hansohn Consulting, Golden Valley, MN, May 18, 2008.
TA-W-70,129; Bose Corporation, Manufacturing Division, Blythewood, SC, 
May 18, 2008.
TA-W-70,152A; La-Z-Boy Manufacturing, La-Z-Boy Tennessee Division, 
Dayton, TN, May 18, 2008.
TA-W-70,152B; La-Z-Boy Manufacturing, La-Z-Boy Midwest Division, 
Neosha, MO, May 18, 2008.
TA-W-70,152C; La-Z-Boy Manufacturing, La-Z-Boy West Division, Redlands, 
CA, May 18, 2008.
TA-W-70,152; La-Z-Boy Manufacturing, La-Z-Boy South Division, Newton, 
MS, May 18, 2008.
TA-W-70,159; Regal Beloit, Marathon Electric/Generators Division, 
Brownsville, TX, May 18, 2008.
TA-W-70,196; Cordis Corporation, Kelly Temp Services, Miami Lakes, FL, 
May 18, 2008.
TA-W-70,270; Mipox International Corporation, Hayward, CA, May 18, 
2008.
TA-W-70,283; Sandvik Mining and Construction, Mansfield, TX, May 19, 
2008.
TA-W-70,310; Ortho Pharmaceutical, LCC, Janssen Ortho, LLC Division, 
Semi Solids Business Unit, Manati, PR, May 18, 2008.
TA-W-70,362; Tokyo Electron Massachusetts, Leased Workers of Summit 
Technical, Beverly, MA, May 19, 2008.
TA-W-70,590; Flabeg Automotive US Corporation, A Subsidiary of Flabeg 
Holding GMBH, Brackenridge, PA, May 22, 2008.
TA-W-70,666; Universal Brixius, Inc., Eagle Tech, American Tech, Crown 
Staffing, Milwaukee, WI, May 26, 2008.
TA-W-70,684; STMicroelectronics, Inc., Carrollton, TX, August 2, 2009.
TA-W-70,724; Komatsu Reman, A Division of Komatsu America Corp., 
Lexington, KY, May 18, 2008.
TA-W-70,813; Sparton Electronics, Jackson, MI, May 19, 2008.
TA-W-71,117; Sapa HE Tubing, Inc., Louisville, KY, June 9, 2008.
TA-W-71,140; TBA-Leitchfield Plant, A Division of Toyota Boshoku 
America, Leitchfield, KY, June 10, 2008.
TA-W-71,188; Delta Faucet Company, A Subsidiary of Masco Corporation, 
Greensburg, IN, March 14, 2009.
TA-W-71,189; Morgan Advanced Materials and Technology, Inc., St. Marys, 
PA, June 11, 2008.
TA-W-71,219; Bush Industries, Inc., Mason Drive & Allen St, Ohio 
Security, Morris, Express, Jamestown, NY, June 10, 2008.
TA-W-71,268; Komo Machine, Inc., Sauk Rapids, MN, June 16, 2008.
TA-W-71,305; Rockwell Automation, Leased Workers From Manpower,

[[Page 48304]]

Aerotek, Victory Personnel, Sumner, IA, June 17, 2008.
TA-W-71,381; James Tower, Inc., North Mankato, MN, June 23, 2008.
TA-W-71,418; Thermagon Inc. dba Laird Technologies, Cleveland, OH, June 
22, 2008.
TA-W-71,523; Gates Corporation, Fluid Power Division, Rockford, IL, 
July 1, 2008.
TA-W-71,537; SBNA Services, Leased Wkrs From Manpower Services, Kenton, 
OH, July 2, 2008.
TA-W-71,756; Bettcher Manufacturing LLC, Cleveland, OH, July 20, 2008.
TA-W-70,278; Footjoy, A Business Unit of Acushnet Company, Brockton, 
MA, May 19, 2008.
TA-W-70,374; Vanity Fair Brands, LP, Jackson Knitting Facility, 
Jackson, AL, May 19, 2008.
TA-W-71,068; JDS Uniphase, Commtest Division, Germantown, MD, June 8, 
2008.
TA-W-71,131; Reliant Manufacturing Service LLC, Longmont, CO, June 8, 
2008.
TA-W-71,157; JDS Uniphase, Commtest Division, Indianapolis, IN, June 9, 
2008.
TA-W-71,528; United States Gypsum, A Subsidiary of USG Corporation, La 
Mirada, CA, June 29, 2008.
TA-W-71,663; Johnson Controls, North American Refrigeration, Dixon, IL, 
July 14, 2008.
TA-W-70,127; Coca Cola Enterprises, Inc., Global Finance, Shared 
Services Division, Brandon, FL, May 18, 2008.
TA-W-70,138; Freescale Semiconductor, Technical Information Center, 
Austin, TX, May 18, 2008.
TA-W-70,210; First Data Corporation, Global Customer Service 
Operations, Coral Springs, FL, May 18, 2008.
TA-W-70,340; Computer Sciences Corporation, Managed Services Sector, 
Zurich Financial Group--Farmers Account, Caledonia, MI, May 18, 2008.
TA-W-70,428; Flextronics, Leased Workers From Appleone, Aerotek and 
Tech Systems, Broomfield, CO, May 20, 2008.
TA-W-70,445; Littelfuse, Inc., Leased Workers From Innovative Staff 
Solutions, Arcola, IL, May 18, 2008.

The following certifications have been issued. The requirements of 
Section 222(b) (adversely affected workers in public agencies) of the 
Trade Act have been met.

None.

    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-70,347; Mountain Skyliners, Inc., Leavenworth, WA, May 12, 2008.
TA-W-70,407; L and L Products, Inc., Romeo, MI, May 19, 2008.
TA-W-70,475A; Foamade Industries, Inc., Hillsdale, MI, May 18, 2008.
TA-W-70,475B; Foamade Industries, Inc., Verona, MS, May 18, 2008.
TA-W-70,475; Foamade Industries, Inc., Auburn Hills, MI, May 18, 2008.
TA-W-70,698; Progressive Stamping Company, Leased Workers From U.S. 
Quality, Royal Oak, MI, May 27, 2008.
TA-W-70,884; Glacier Line Logging, Inc., Kalispell, MT, May 29, 2008.
TA-W-71,334; Saint-Gobain Crystals, Photonics, Washougal, WA, June 19, 
2008.
TA-W-71,435; Carrier Corporation, A Subsidiary of United Technologies 
Corp., Carrollton, TX, June 24, 2008.
TA-W-71,473; Meritor Heavy Vehicle Systems, CVS Div./Pinnacle Staffing, 
Forest City, NC, June 29, 2008.
TA-W-71,568; C. K. Knitting, Inc., Fort Payne, AL.
TA-W-70,318; St. Onge Logging, Inc., Kalispell, MT, May 18, 2008.
TA-W-70,686; T.B.C. Timber, Inc., Libby, MT, May 22, 2008.
TA-W-71,030; Kenco Logistic Services, LLC, Lyndhurst, VA, June 4, 2008.

    The following certifications have been issued. The requirements of 
Section 222(c) (downstream producer for a firm whose workers are 
certified eligible to apply for TAA) of the Trade Act have been met.

TA-W-70,031; Lance Transport, Inc, Hildebran, NC, May 18, 2008.

    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.

None.

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-70,477; Dell USA LP, Americas Business Operations Organization, 
Round Rock, TX.
TA-W-70,571; Bruce Fox, Inc., A Subsidiary of Fox Group, Fabrication 
and Welding Division, New Albany, IN.
TA-W-71,034; Farbacher Automotive, Sharpsburg, PA.

    The investigation revealed that the criteria under paragraphs 
(a)(2)(A)(i) (decline in sales or production, or both) and (a)(2)(B) 
(shift in production or services to a foreign country) of section 222 
have not been met.

None.

    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-70,573; Louisiana Pacific Corporation, Siding Business Unit--
Tomahawk Manufacturing Facility, Tomahawk, WI.
TA-W-70,804; Altek, Inc., Liberty Lake, WA.
TA-W-71,108; Air Way Automation, Inc., Grayling, MI.

    The investigation revealed that the criteria under paragraphs 
(b)(2) and (b)(3) (public agency acquisition of services from a foreign 
country) of section 222 have not been met.

None.

    The investigation revealed that criteria of Section 222(c)(2) has 
not been met. The workers' firm (or subdivision) is not a Supplier to 
or a Downstream Producer for a firm whose workers were certified as 
eligible to apply for TAA.

None.

    I hereby certify that the aforementioned determinations were 
issued during the period of July 27 through August 7, 2009. Copies 
of these determinations are available for inspection in Room N-5428, 
U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, 
DC 20210 during normal business hours or will be mailed to persons 
who write to the above address.

     Dated: September 16, 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-22759 Filed 9-21-09; 8:45 am]
BILLING CODE 4510-FN-P