[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Notices]
[Pages 60142-60145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24384]


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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 
September 13, 2010 through September 17, 2010.
    In order for an affirmative determination to be made for workers of 
a primary firm and a certification issued

[[Page 60143]]

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 
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
----------------------------------------------------------------------------------------------------------------
73,471....................  Kelman Glass, LLC, DBA L.E.    Mount Pleasant, PA..  February 3, 2009.
                             Smith Glass Company.
73,990....................  Trinity North American         Fort Worth, TX......  April 23, 2009.
                             Freight Car, Inc., Freight
                             Car, Plant <greek-i>26.
74,280....................  Whirlpool Corporation, Benton  Benton Harbor, MI...  June 18, 2009.
                             Harbor Division, Leased
                             Workers from Aerotek.

[[Page 60144]]

 
74,412....................  Convergys....................  Albuquerque, NM.....  June 29, 2009.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,152....................  Dell, Inc., Enterprise Server  Round Rock, TX......  December 18, 2008.
                             Technical Support for
                             Americas.
73,593....................  International Business         Boulder, CO.........  February 24, 2009.
                             Machines (IBM), Global
                             Technology Services Delivery
                             Division, Offsite
                             Teleworkers.
74,005....................  Pentair Residential            Rockford, IL........  April 15, 2009.
                             Filtration, Leased Workers
                             from Furst Staffing.
74,054....................  Dell, Inc., Dell Services,     Rome, GA............  May 5, 2009.
                             Insurance Solutions,
                             Formerly Technical Mgmt.,
                             Inc.
74,168....................  Gerber Plumbing Fixtures,      Kokomo, IN..........  May 22, 2010.
                             LLC, Kokomo Sanitary Pottery
                             Division.
74,269....................  ADP TotalSource, iMedx, Inc.;  Winter Springs, FL..  June 18, 2009.
                             formerly Medware, Inc.;
                             Reporting From Home Offices.
74,363....................  ACS Commercial Solutions,      London, KY..........  July 1, 2009.
                             Inc., Affiliated Computer
                             Services, Xerox Co.,
                             Insurance East SBU, Pegasus
                             SBU.
74,387....................  Allstate Insurance Company,    Northbrook, IL......  July 6, 2009.
                             Allstate Corporation,
                             Allstate Claims Technology
                             Services Department.
74,393....................  Henkel of America, Inc.,       Rocky Hill, CT......  July 15, 2009.
                             Finance Department, Henkel
                             AG and Co. KGAA, Leased
                             Workers Robert Half, etc.
74,529....................  Fisher-Price Inc., Mattel,     East Aurora, NY.....  August 6, 2009.
                             Inc., Information
                             Technology, Leased Workers
                             from Pro Unlimited.
74,541....................  Annex Manufacturing, LLC,      Lyons, NY...........  August 17, 2009.
                             Hannifin Corp., Leased
                             Workers from Kelly Temporary
                             Services.
74,591....................  ProTeam, Inc., Emerson         Boise, ID...........  August 25, 2009.
                             Electric, Leased Workers of
                             SOS Staffing and Labormax.
74,591A...................  The United Electric Company,   Burlington, NC......  August 25, 2009.
                             Proteam, Inc., Leased
                             Workers from Manpower.
74,609....................  Laserwords, U.S., Inc........  Madison, WI.........  September 2, 2009.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,151..................  Dick Lucier Excavation....  Frenchtown, MT...........  May 11, 2009.
----------------------------------------------------------------------------------------------------------------

    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 No.                 Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
74,498..................  Holcim (US), Inc., North    Detroit, MI..............  July 8, 2009.
                           Region Terminal
                           Operations Division,
                           Detroit Terminal.
74,498A.................  Holcim (US), Inc., North    Elmira, MI...............  July 8, 2009.
                           Region Terminal
                           Operations Division,
                           Elmira Terminal.
74,498B.................  Holcim (US), Inc., North    Grandville, MI...........  July 8, 2009.
                           Region Terminal
                           Operations Division,
                           Grandville Terminal.
74,498C.................  Holcim (US), Inc., North    Cincinnati, OH...........  July 8, 2009.
                           Region Terminal
                           Operations Division,
                           Cincinnati River Terminal.
74,498D.................  Holcim (US), Inc., North    Summit, IL...............  July 8, 2009.
                           Region Terminal
                           Operations Division,
                           Chicago Summit Terminal.
----------------------------------------------------------------------------------------------------------------

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.

[[Page 60145]]



----------------------------------------------------------------------------------------------------------------
        TA-W No.                 Subject firm                  Location                    Impact date
----------------------------------------------------------------------------------------------------------------
73,938..................  Management Resources        Southbury, CT............  ...............................
                           Group, Inc.
74,309..................  National Precast            Shelby Township, MI......  ...............................
                           Structural, Inc., Precast
                           National, Inc.
74,311..................  National Precast, Inc.....  Roseville, MI............  ...............................
----------------------------------------------------------------------------------------------------------------

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 website, 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
----------------------------------------------------------------------------------------------------------------
73,868..................  Hewlett Packard             Marlborough, MA..........  ...............................
                           Corporation.
74,052..................  Green Design Furniture      Portland, ME.............  ...............................
                           Company.
74,127..................  Dyrsmith, LLC,              Berthoud, CO.............  ...............................
                           Precisionworks
                           Manufacturing.
74,392..................  Beckman Coulter, Inc......  Webster, TX..............  ...............................
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,499..................  Holcim (US), Inc., North    Elmira, MI...............  ...............................
                           Regional Terminal
                           Operations Division,
                           Elmira Terminal.
74,500..................  Holcim (US), Inc., North    Grandville, MI...........  ...............................
                           Region Terminal
                           Operations Division,
                           Grandville Terminal.
74,501..................  Holcim (US), Inc., North    Cincinnati, OH...........  ...............................
                           Region Terminal
                           Operations Division,
                           Cincinnati River Terminal.
74,502..................  Holcim (US), Inc., North    Summit, IL...............  ...............................
                           Regional Terminal
                           Operations Division,
                           Chicago Summit Terminal.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of September 13, 2010 through September 17, 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#e7938881888e8695829692829493a783888bc9808891"><span class="__cf_email__" data-cfemail="e5918a838a8c8497809490809691a5818a89cb828a93">[email protected]</span></a>. These determinations 
also are available on the Department's website at http://www.doleta.gov/tradeact under the searchable listing of determinations.

    Dated: September 22, 2010
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-24384 Filed 9-28-10; 8:45 am]
BILLING CODE 4510-FN-P


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