2288 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

At the request of New York State 

Department of Labor, the Department 

reviewed the certification for workers of 

the subject firm. New information 

shows that a worker leased from Wurth 

Revcar Fasteners, Inc. was also 

employed on-site at Daimler Buses 

North America, Inc., Oriskany, New 

York. The Department has determined 

that this worker was sufficiently under 

the control of Daimler Buses North 

America, Inc. to be considered a leased 

worker. 

The intent of the Department’s 

certification is to include all workers of 

the subject firm who were adversely 

affected by increased customer imports 

of transit buses. 

Based on these findings, the 

Department is amending this 

certification to include the worker 

leased from Wurth Revcar Fasteners, 

Inc. working on-site at the Oriskany, 

New York location of the subject firm. 

The amended notice applicable to 

TA–W–81,718 is hereby issued as 

follows: 

All workers of Daimler Buses North 

America, Inc., a subsidiary of Daimler North 

America Corp., including on-site leased 

workers from Noramtec, First Choice 

Staffing, Staff Works, and Mr. Santo LaMarco 

from Wurth Revcar Fasteners, Inc., Oriskany, 

New York, who became totally or partially 

separated from employment on or after June 

8, 2011, through September 28, 2014, and all 

workers in the group threatened with total or 

partial separation from employment on date 

of certification through two years from the 

date of certification, are eligible to apply for 

adjustment assistance under Chapter 2 of 

Title II of the Trade Act of 1974, as amended. 

Signed at Washington, DC, this 28th day of 

December 2012. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2013–00342 Filed 1–9–13; 8:45 am] 

BILLING CODE 4510–FN–P 

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 December 17, 2012 

through December 31, 2012. 

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 


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Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2289 

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 

82,158 .................. Mohawk Industries, Inc., Backing Division ..... Waynesboro, VA .............................. December 9, 2011. 

82,224 .................. Evraz Stratcor, Inc., Strategic Minerals Corporation.Hot Springs, AR ............................... December 6, 2011. 

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 

82,005 .................. Boston Scientific Corporation ......................... Maple Grove, MN ............................. September 25, 2011. 

82,005A ................ Boston Scientific Corporation ......................... Plymouth, MN ................................... September 25, 2011. 

82,123 .................. Medtronic, Inc., Cardiac and Vascular Group, 

Excluding the Cardiac Rhythm Disease 

Mgmt, etc..

Mounds View, MN ............................ October 31, 2011. 

82,123A ................ Medtronic, Inc., Cardica and Vascular Group, 

Cardiac Rhythm Disease Mgmt. Op. Segment, etc..

Mounds View, MN ............................ October 2, 2012. 

82,149 .................. Texon USA Inc., Texon International Group 

Limited.

Russell, MA ...................................... October 4, 2011. 

82,169 .................. T-Systems North America, Inc. ....................... Andover, MA ..................................... November 21, 2011. 

82,170 .................. TI Automotive, Ltd., FCS (Fluid Carrying System) Division, Elwood Staffing.Cynthiana, KY .................................. November 21, 2011. 

82,172 .................. Nanya Technology Corporation Delaware, 

Nanya Technology Corporation-Taiwan.

Houston, TX ..................................... November 26, 2011. 

82,175 .................. Philips Healthcare, MRI, Adecco .................... Highland Heights, OH ...................... November 16, 2011. 

82,186 .................. Faurecia, Emissions Control Technologies, 

Express Employment & Manpower.

Dexter, MO ....................................... January 26, 2013. 

82,199 .................. Regal Beloit Corporation, Springfield, Missouri Division, Penmac Personnel Services.Springfield, MO ................................. November 30, 2011. 

82,201 .................. XOR Media, Formerly SeaChange International.Greenville, NH .................................. December 3, 2011. 

82,203 .................. Huntingdon County Site, FCI USA, LLC, 

Americas Division, FCI SA, Manpower, Inc..

Mount Union, PA .............................. January 23, 2012. 

82,205 .................. Thermo Electron North America, LLC, Thermo Fischer Scientific, Adecco and Aerotek.Madison, WI ..................................... December 4, 2011. 

82,214 .................. Kulicke & Soffa Industries, Aerotek and ITC, 

UI Wages Reported Through Orthodyne 

Electronics.

Irvine, CA .......................................... December 11, 2012. 

82,238 .................. Dolby Laboratories, Inc., Manufacturing Division, Zerochaos and Modis.Brisbane, CA .................................... December 10, 2011. 

82,244 .................. Philips Lighting, Philips Lightolier Division, 

Adecco.

Wilmington, MA ................................ December 10, 2011. 

82,253 .................. Cardinal Health, Financial Shared Services 

West, Aerotek, Excel Staffing and Experis 

Finance.

Albuquerque, NM ............................. December 13, 2011. 


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2290 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

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)(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. 

TA–W No. Subject firm Location Impact date 

82,118 .................................................. Hanson Worldwide LLC ..................................... Spokane, WA.

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 

81,901 .................................................. iPacesetters, LLC .............................................. Eau Claire, WI.

82,095 .................................................. Verizon Services Corporation, Customer Service Clerk, General Clerk.Clarksburg, WV.

82,136 .................................................. Peabody Indiana Services, LLC, Air Quality 

Mine, Custom Staffing Services.

Vincennes, IN.

82,138 .................................................. Prudential Insurance Company of America, 

Prudential Annuities, Transfer of Assets Division.

Dresher, PA.

82,144 .................................................. Electrolux Home Care Products Inc., Distribution Center.El Paso, TX.

82,180 .................................................. Comcast Cable, West Division Customer Care Morgan Hill, CA.

82,188 .................................................. PNC Bank, National Association, Retail Bank .. Franklin, PA.

82,188A ................................................ PNC Bank, National Association, Retail Bank .. West Chester, IL.

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 

82,062 .................................................. Pemco World Air Services ................................. Florence, KY.

82,177 .................................................. Tyco Electronics Corporation, TE Connectivity 

Ltd. Company.

Middletown, PA.

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 

81,996 .................................................. Novartis Pharmaceutical Corporation, Primary 

Care Business Unit (Sales) Division.

Schaumberg, IL.

82,130 .................................................. Wurth Revcar Fasteners, Inc., Working on-site 

at Daimler Buses North America, Inc.

Oriskany, NY.

82,232 .................................................. EEP Quality Group, Inc. .................................... Syracuse, NY.


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2291 

I hereby certify that the 

aforementioned determinations were 

issued during the period of December 

17, 2012 through December 31, 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: January 2, 2013. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2013–00338 Filed 1–9–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–82,074] 

Komax Solar, Inc., a Wholly Owned 

Subsidiary of Komax Holdings AG, 

York, PA; Notice of Negative 

Determination Regarding Application 

for Reconsideration 

By applications received on 

November 12, 2012 and November 26, 

2012, two workers independently 

requested administrative 

reconsideration of the negative 

determination regarding workers’ 

eligibility to apply for Trade Adjustment 

Assistance (TAA) applicable to workers 

and former workers Komax Solar, Inc., 

a wholly owned subsidiary of Komax 

Holdings, AG, York, Pennsylvania 

(subject firm or Komax). The negative 

determination was issued on November 

1, 2012. The Department’s Notice of 

Determination was published in the 

Federal Register on November 26, 2012 

(77 FR 70480). 

Pursuant to 29 CFR 90.18(c), 

administrative reconsideration may be 

granted under the following 

circumstances: 

(1) If it appears on the basis of facts 

not previously considered that the 

determination complained of was 

erroneous; 

(2) If it appears that the determination 

complained of was based on a mistake 

in the determination of facts not 

previously considered; or 

(3) If in the opinion of the Certifying 

Officer, a misinterpretation of facts or of 

the law justified reconsideration of the 

decision. 

The workers of Komax were engaged 

in activities related to the production of 

solar panel production machines. The 

products manufactured at the subject 

firm are predominantly for export sale. 

The petition stated that the workers 

were informed by the subject firm that 

the layoffs were a result of production 

shifting to a Komax facility in Asia. In 

the request for reconsideration, the 

workers again asserted that separations 

at Komax are attributable to a future 

shift of solar panel production to Asia. 

Machines used to produce solar 

panels are not component parts of solar 

panels and are neither like nor directly 

competitive with solar panels. 

The negative determination was based 

on the Department’s findings that the 

subject firm did not shift to a foreign 

country the production of articles like or 

directly competitive with the solar 

panel production machines produced by 

the workers, or acquire the production 

of such articles from a foreign country; 

that the workers’ separation, or threat of 

separation, was not related to any 

increase in imports by the subject firm 

of articles like or directly competitive 

with solar panel production machines; 

and that the workers’ firm is not a 

supplier or a downstream producer to a 

firm that employed a group of workers 

who received a TAA certification. 

The Department did not conduct a 

survey on the subject firm’s declining 

domestic customers of solar panel 

production machines because sales to 

domestic customers increased during 

the relevant time period. Further, the 

articles manufactured at the subject firm 

during the relevant time period were 

almost entirely export sales. 

One of the requests for 

reconsideration alleges ‘‘flooding of the 

market by underpriced Chinese solar 

modules.’’ The Department notes that 

the International Trade Commission did 

not name Komax as a member of a 

domestic industry in an investigation 

resulting in an affirmative finding of 

serious injury, market disruption, or 

material injury, or threat thereof. 

The workers in the requests for 

reconsideration did not supply facts not 

previously considered or provide 

additional documentation indicating 

that there was either 1) a mistake in the 

determination of facts not previously 

considered or 2) a misinterpretation of 

facts or of the law justifying 

reconsideration of the initial 

determination. Based on these findings, 

the Department determines that 29 CFR 

90.18(c) has not been met. 

Conclusion 

After review of the applications and 

investigative findings, I conclude that 

there has been no error or 

misinterpretation of the law or of the 

facts which would justify 

reconsideration of the Department of 

Labor’s prior decision. Accordingly, the 

application is denied. 

Signed at Washington, DC, this 27th day of 

December, 2012. 

Del Min Amy Chen, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 

[FR Doc. 2013–00340 Filed 1–9–13; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Investigations Regarding Eligibility To 

Apply for Worker Adjustment 

Assistance 

Petitions have been filed with the 

Secretary of Labor under Section 221)(a) 

of the Trade Act of 1974 (‘‘the Act’’) and 

are identified in the Appendix to this 

notice. Upon receipt of these petitions, 

the Director of the Office of Trade 

Adjustment Assistance, Employment 

and Training Administration, has 

instituted investigations pursuant to 

Section 221 (a) of the Act. 

The purpose of each of the 

investigations is to determine whether 

the workers are eligible to apply for 

adjustment assistance under Title II, 

Chapter 2, of the Act. The investigations 

will further relate, as appropriate, to the 

determination of the date on which total 

or partial separations began or 

threatened to begin and the subdivision 

of the firm involved. 

The petitioners or any other persons 

showing a substantial interest in the 

subject matter of the investigations may 

request a public hearing, provided such 

request is filed in writing with the 

Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than January 22, 2013. 

Interested persons are invited to 

submit written comments regarding the 

subject matter of the investigations to 

the Director, Office of Trade Adjustment 

Assistance, at the address shown below, 

not later than January 22, 2013. 

The petitions filed in this case are 

available for inspection at the Office of 

the Director, Office of Trade Adjustment 

Assistance, Employment and Training 

Administration, U.S. Department of 

Labor, Room N–5428, 200 Constitution 

Avenue NW., Washington, DC 20210. 

Signed at Washington, DC, this 2nd day of 

January 2013. 

Elliott S. Kushner, 

Certifying Officer, Office of Trade Adjustment 

Assistance. 


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