[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Notices]
[Pages 63509-63512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26014]


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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 27, 2010 through October 1, 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;

[[Page 63510]]

    (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
----------------------------------------------------------------------------------------------------------------
73,874.....................  The Wise Company, Inc. (B&M  Memphis, TN..........  April 6, 2009.
                              Seating).
73,877.....................  L.A. Najarian, Inc.........  Greene, NY...........  March 29, 2009.
74,020.....................  The Electric Materials       North East, PA.......  April 12, 2009.
                              Company, Subsidiary of
                              United Stars.
74,349.....................  Belding Hausman, Inc.,       Emporia, VA..........  June 28, 2009.
                              Weldon Mill, Leased
                              Workers from Compensation
                              Management.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,621.....................  Thermo Fisher Hamilton,      Two Rivers, WI.......  March 2, 2009.
                              Subsidiary of Thermo
                              Fisher Scientific, Lab
                              Works Stations Division.

[[Page 63511]]

 
74,272.....................  Medtronic, Inc., Cardiac     Mounds View, MN......  June 21, 2009.
                              Rhythm Disease Management,
                              Leased Workers of
                              Advantage Technical, etc.
74,337.....................  Certegy Check Services,      West Valley City, UT.  June 30, 2009.
                              Inc., Fidelity National
                              Payment Services, Leased
                              Workers from Appleone.
74,385.....................  Mermec, Inc., FKA ImageMap,  Columbia, SC.........  July 13, 2009.
                              Inc., Leased Worker from
                              Modis, Inc.
74,464.....................  BreconRidge Manufacturing    Ogdensburg, NY.......  July 29, 2009.
                              Solutions, Sanmina-SCI
                              Corporation, Leased
                              Workers from Kelly
                              Services and Penski.
74,467.....................  Zach System Corporation,     La Porte, TX.........  August 3, 2009.
                              Zach System SPA, Leased
                              Workers of Turner
                              Industries and Go.
74,491.....................  Acme Electric, Actuant       Lumberton, NC........  August 15, 2010.
                              Corporation, Leased
                              Workers From Mega Force
                              Staffing.
74,504.....................  American Girl Brands, LLC,   Middleton, WI........  August 6, 2009.
                              Subsidiary of Mattel, Inc.
74,517.....................  Hotels.Com, An Expedia,      Arlington, TX........  July 31, 2009.
                              Inc. Company, Latam.
74,556.....................  Telair International,        Simi Valley, CA......  July 20, 2009.
                              Incorporated, Nordisk
                              Aviation Products Division.
74,567.....................  Janssen R&D and Janssen      Springhouse, PA......  August 24, 2009.
                              Pharmaceutical Supply
                              Group, Divisions of J&J.
74,580.....................  Fiskars Brands, Inc.,        Sauk City, WI........  August 31, 2009.
                              Garden Division, On-Site
                              Leased Workers of QTI.
74,580A....................  Fiskars Brands, Inc.,        Wausau, WI...........  August 31, 2009.
                              School, Office and Craft
                              Division, On-Site Leased
                              Workers of Manpower.
74,585.....................  Georgia-Pacific Wood         Grenada, MS..........  August 26, 2009.
                              Products LLC.
74,606.....................  Watson Laboratories, Inc.,   Carmel, NY...........  September 3, 2009.
                              Watson Pharmaceuticals,
                              Danbury Pharmacal, Leased
                              Workers Adecco Staffing.
74,621.....................  Burgess-Norton               Claremore, OK........  September 10, 2009.
                              Manufacturing Company,
                              Inc., Leased Workers from
                              Selectremedy and Manpower.
74,657.....................  STMicroelectronics, Inc....  Phoenix, AZ..........  October 31, 2010.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
72,947.....................  Supreme Foam, Inc..........  Archdale, NC.........  November 17, 2008.
74,425.....................  Douglas Corporation, Leased  Eden Prairie, MN.....  July 22, 2009.
                              Workers Masterson
                              Personnel, Just in Case,
                              etc.
74,471.....................  Alumax Service Center,       Riverside, MO........  July 15, 2009.
                              Division of SAPA
                              Extrusions, Leased Workers
                              of Manpower Temporary.
74,592.....................  Interstate Electronics       Anaheim, CA..........  August 31, 2009.
                              Corp., L-3 Communications,
                              Leased Workers of Bently
                              Global Resources, etc.
74,600.....................  Lear Corporation...........  Louisville, KY.......  September 3, 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
----------------------------------------------------------------------------------------------------------------
74,569.....................  Titus Transportation, LP...  Denton, TX...........  August 24, 2009
----------------------------------------------------------------------------------------------------------------

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 No.                   Subject firm                Location                  Impact date
----------------------------------------------------------------------------------------------------------------
73,846.....................  AT&T Operations, Inc.,       Boulder, CO..........
                              Network Management Center.
74,191.....................  Pennsylvania Railcar--Plant  West Middlesex, PA...
                              <greek-i>2, dba Railcar
                              Services Company.
74,506.....................  Acxiom CDC Corporation.....  Chicago, IL..........
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 63512]]



----------------------------------------------------------------------------------------------------------------
          TA-W No.                   Subject firm                Location                  Impact date
----------------------------------------------------------------------------------------------------------------
74,564.....................  Ally Financial               Darlington, SC.......
                              Incorporated, Motor
                              Acceptance Corp. (GMAC),
                              Auctioneering Unit,
                              Darlington Auto Auction.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
72,765.....................  Mount Vernon Consulting,     Baltimore, MD........
                              LLC, Workers' Wages Were
                              Reported Under 14 W.
                              Administrative Services,
                              Agora, Inc.
73,395.....................  Roddie Trucking, LLC, SWR,   San Angelo, TX.......
                              Inc..
73,972.....................  Saint Barnabas Health Care   Ocean Port, NJ.......
                              System, Patient Accounting
                              Dept., Leased Workers,
                              Liberty and Tritech.
74,040.....................  Cemex Construction           Wampum, PA...........
                              Materials Atlantic, LLC,
                              Wampum Cement Plant.
74,136.....................  Parker Paint Company.......  Beaverton, OR........
74,320.....................  United Steelworkers Local    Tyler, TX............
                              746L.
74,528.....................  United Auto Workers Local    Shreveport, LA.......
                              2166, UAW.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
74,248.....................  EDS, an HP Company (Re-      Palo Alto, CA........
                              Branded as HP--Enterprise
                              Services), Virtual Workers
                              Across the United States.
74,343.....................  JohnsonDiversey............  Santa Cruz, CA.......
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
74,603.....................  Thermo EGS Gauging, Inc.,    Wilmington, MA.......
                              Field Service Engineers.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of September 27, 2010 through October 1, 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#83f7ece5eceae2f1e6f2f6e6f0f7c3e7ecefade4ecf5"><span class="__cf_email__" data-cfemail="d4a0bbb2bbbdb5a6b1a5a1b1a7a094b0bbb8fab3bba2">[email protected]</span></a>. These determinations 
also are available on the Department's Web site at http://www.doleta.gov/tradeact under the searchable listing of determinations.

    Dated: October 8, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-26014 Filed 10-14-10; 8:45 am]
BILLING CODE 4510-FN-P


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