Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 32228-32229 [2011-13786]
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[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)] [Notices] [Pages 32228-32229] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2011-13786] ----------------------------------------------------------------------- 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 May 16, 2011 through May 20, 2011. 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 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 [[Page 32229]] (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 ---------------------------------------------------------------------------------------------------------------- 75,260........................... Pittsburgh Corning Port Allegany, PA.. February 19, 2011. Corporation, A Subsidiary of PPG, Inc. and Corning Inc., Glass Block Division. 75,260A.......................... Staffing Plus of Port Allegany, PA.. February 10, 2011. Pennsylvania, Working On-Site at Pittsburgh Corning Corp., Glass Block Division. ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- 74,984........................... Express Scripts, Bloomington, MN.... December 10, 2009. Authorization Department; Leased Workers from Kelly Services. 74,984A.......................... Express Scripts, Bloomington, MN.... December 10, 2009. Information Technology Department; Leased Workers from Kelly Services. ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- 75,005........................... Manufacturers Industrial Athens, TN......... December 15, 2009. Group--Athens, LLC, UI Wages through Johnson Controls, Inc., On-site from Aerotek & Randstad. ---------------------------------------------------------------------------------------------------------------- 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 ---------------------------------------------------------------------------------------------------------------- 74,980........................... Storage Solutions, Also Sullivan, MO....... Known As Industrial Wire Products. 75,044........................... Hewlett Packard Company, Fort Collins, CO... MCBS Division (Formerly Enterprise Unix Division). 75,052........................... Siemen's Industry, Inc.. Columbus, OH....... 75,066........................... General Wholesale New Bern, NC....... Building Supply Company, d/b/a Eastern Building Components, On- Site Workers of Holden Temporaries. 75,123........................... Smith Haist Dental Palm Harbor, FL.... Laboratory, Inc. 75,181........................... Sony Music Holdings Pitman, NJ......... Inc., D/B/A Sony DADC Americas (``SMHI''), Sony Corporation of America; Leased Workers from Employment Plus, etc. 75,265........................... Domtar Paper Company, Langhorne, PA...... Inc. ---------------------------------------------------------------------------------------------------------------- I hereby certify that the aforementioned determinations were issued during the period of May 16, 2011 through May 20, 2011. 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 tofoiarequest@dol.gov. These determinations also are available on the Department's website at https://www.doleta.gov/tradeact under the searchable listing of determinations. Dated: May 26, 2011. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance . [FR Doc. 2011-13786 Filed 6-2-11; 8:45 am] BILLING CODE 4510-FN-P
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