[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Notices]
[Pages 68621-68623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28122]


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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 
October 18, 2010 through October 22, 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;
    (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

[[Page 68622]]

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
----------------------------------------------------------------------------------------------------------------
73,430..........................  Covad Communications      Denver, CO.........  January 28, 2009.
                                   Company, Dieca
                                   Communications, Inc.
                                   Leased Workers Equity
                                   Staffing and Position
                                   Filled.
74,071..........................  Besse Wood Products,      Butternut, WI......  April 20, 2009.
                                   Inc., Birds Eye Veneer
                                   Company.
74,510..........................  Ornamental Products,      High Point, NC.....  July 12, 2010.
                                   LLC, Tenon, Limited;
                                   Leased Workers from
                                   Staffmasters.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,743..........................  American Fiber and        Albemarle, NC......  March 17, 2009.
                                   Finishing, Inc., Leased
                                   Workers from
                                   Staffmasters.
73,940..........................  LVD Acquisition LLC, dba  Columbus, OH.......  March 18, 2009.
                                   Oasis International.
74,275..........................  Welch Allyn, Inc.,        Branchburg, NJ.....  June 16, 2009.
                                   Trimline, Accountemps,
                                   Kelly, Delta, and
                                   Connection.
74,275A.........................  Welch Allyn, Inc., Also   Branchburg, NJ.....  June 16, 2009.
                                   Known as Trimline.
74,411..........................  Avaya Global Services,    Research Triangle    July 8, 2009.
                                   AOS Service Delivery,     Park, NC.
                                   Diamondware, LTD.,
                                   Virtual Offices.
74,411A.........................  Avaya Global Services,    Richardson, TX.....  July 8, 2009.
                                   AOS Service Delivery,
                                   Diamondware, LTD.
74,411B.........................  Avaya Global Services,    Billerica, MA......  July 8, 2009.
                                   AOS Service Delivery,
                                   Diamondware, LTD.
74,411C.........................  Avaya Global Services,    Santa Clara, CA....  July 8, 2009.
                                   AOS Service Delivery,
                                   Diamondware, LTD.
74,546..........................  Medline Industries,       Oldsmar, FL........  August 16, 2009.
                                   Inc., Sterile Procedure
                                   Trays Div., Leased
                                   Workers from Resource
                                   Mfg.
74,546A.........................  Medline Industries,       Clearwater, FL.....  August 16, 2009.
                                   Inc., Sterile Procedure
                                   Trays Div., Leased
                                   Workers from Resource
                                   Mfg.
74,557..........................  Brinker International,    Dallas, TX.........  August 6, 2009.
                                   Accounting Division,
                                   Accountemps and Right
                                   Hire.
74,588..........................  Hewlett Packard Company,  Fishers, IN........  August 1, 2009.
                                   Applications Services
                                   Division.
74,608..........................  Roman entertainment       Elizabeth, IN......  September 8, 2009.
                                   Corporation of Indiana,
                                   D/B/A Harrah's
                                   Horseshoe of Southern
                                   Indiana, Information
                                   Tech. Dept.
74,662..........................  Hewlett Packard Company,  Los Angeles, CA....  September 15, 2009.
                                   Applications Services
                                   Division.
74,677..........................  Hospira, Incorporated,    Pleasant Pairie, WI  August 30, 2009.
                                   Kelly Service.
74,682..........................  Broadview Network         Rye Brook, NY......  September 27, 2009.
                                   Holdings, Inc..
74,686..........................  Diebold Software          Raleigh, NC........  September 24, 2009.
                                   Solutions, A Division
                                   of Diebold, Inc.,
                                   Leased Workers from
                                   Technisource, Inc.
74,703..........................  Aviat, U.S., Inc.,        San Jose, CA.......  November 21, 2010.
                                   Harris Stratex,
                                   Networks Operating
                                   Corp., Greene Resources.
74,710..........................  Kasco Corporation.......  Atlanta, GA........  October 4, 2009.
74,727..........................  Habilis, Inc., Optima,    Milford, CT........  October 13, 2009.
                                   Inc.; Monroe Staffing
                                   Services, LLC and Photo
                                   Temps.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
73,650..........................  Cole Pattern and          Fort Wayne, IN.....  March 3, 2009.
                                   Engineering.
74,515..........................  Weyerhaeuser NR--Foster   Sweet Home, OR.....  August 11, 2009.
                                   Veneer, ILevel--
                                   Engineered Wood
                                   Products.
----------------------------------------------------------------------------------------------------------------


[[Page 68623]]

    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
----------------------------------------------------------------------------------------------------------------
74,352..........................  Trim Masters, Inc.,       Nicholasville, KY..  July 7, 2009.
                                   Toyota Boshuko America,
                                   Johnson Controls, NESCO
                                   Resource.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
73,855..........................  Karsten Homes...........  Stayton, OR.         ...............................
74,492..........................  Rocky III Investments,    Montrose, CO.        ...............................
                                   LLC.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were 
issued during the period of October 18, 2010 through October 22, 
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#e1958e878e888093849094849295a1858e8dcf868e97"><span class="__cf_email__" data-cfemail="1f6b707970767e6d7a6e6a7a6c6b5f7b707331787069">[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 28, 2010.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2010-28122 Filed 11-5-10; 8:45 am]
BILLING CODE 4510-FN-P


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