[Federal Register Volume 77, Number 53 (Monday, March 19, 2012)]
[Notices]
[Pages 16070-16073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6571]


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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 27, 2012 through March 2, 2012.
    In order for an affirmative determination to be made for workers of

[[Page 16071]]

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. Under 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 
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
----------------------------------------------------------------------------------------------------------------
81,041................  Vanguard Pai      Monroe, NC........................  July 22, 2011.
                         Lung, LLC.
81,184................  C&M Wood          Hesperia, CA......................  February 13, 2010.
                         Industries,
                         Inc..
81,280................  Par Logistics     New Hartford, NY..................  January 25, 2011.
                         Management
                         Systems
                         Corporation,
                         including on-
                         site leased
                         workers from
                         Adecco and
                         Staffworks.

[[Page 16072]]

 
81,288................  Criticare         Waukesha, WI......................  January 30, 2011.
                         Systems, Inc.,
                         Including on
                         site leased
                         workers: Adecco
                         and Accountemps.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
81,199................  Wellpoint, Inc.,  Roanoke, VA.......................  February 13, 2010.
                         Sales
                         Fulfillment
                         Division, Kelly
                         Services,
                         Aerotek.
81,211................  Solaicx, a        Portland, OR......................  February 13, 2010.
                         wholly owned
                         subsidiary of
                         MEMC, MEMC
                         Portland
                         Division, incl.
                         leased workers
                         from Aerotek
                         and Express
                         Employment
                         Solutions.
81,294................  Olean Advanced    Olean, NY.........................  February 3, 2011.
                         Products,
                         Division of AVX
                         Corporation.
81,311................  Teachscape......  San Francisco, CA.................  February 6, 2011.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
81,155................  Yorktowne         York, PA..........................  February 13, 2010.
                         Paperboard
                         Corp.,
                         Paperboard Mill
                         Div., Newark
                         Group.
81,155A...............  Newark            Monmouth, ME......................  February 13, 2010.
                         Paperboard
                         Products,
                         Newark Group.
81,155B...............  The Newark Group  Cranford, NJ......................  February 13, 2010.
81,333................  Air Products and  Boise, ID.........................  February 14, 2011.
                         Chemicals Inc.,
                         Working On-Site
                         at Hewlett
                         Packard Company.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
81,187................  American Express  Weston, FL.                         ..................................
                         Travel Related
                         Services
                         Company, Inc.,
                         World Service--
                         Global Billing
                         and Payment
                         Services (GBPS)
                         inc. Kelly
                         Services.
81,281................  Time Warner       Coudersport, PA.                    ..................................
                         Entertainment
                         Company, L.P.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
81,321................  PlumChoice......  Billerica, MA.                      ..................................
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
81,270................  Header Products,  Romulus, MI.                        ..................................
                         Inc.
----------------------------------------------------------------------------------------------------------------


[[Page 16073]]

    I hereby certify that the aforementioned determinations were issued 
during the period of February 27, 2012 through March 2, 2012. These 
determinations are available on the Department's Web site tradeact/taa/
taa search form.cfm under the searchable listing of determinations or 
by calling the Office of Trade Adjustment Assistance toll-free at 888-
365-6822.

     Dated: March 9, 2012.
 Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2012-6571 Filed 3-16-12; 8:45 am]
BILLING CODE 4510-FN-P