Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 9941-9943 [2013-03093]

Download as PDF Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices (subject firm). The determination was issued on December 11, 2012. The Department’s Notice of Determination was published in the Federal Register on January 4, 2013 (78 FR 771). The workers supply medical transcription services. The initial investigation resulted in a negative determination based on the findings that there was no shift in the supply of services to a foreign country by the subject firm and no increased imports of services like or directly competitive with those supplied by the subject worker group. The request for reconsideration supplied new information regarding a possible acquisition from a foreign country by the subject firm of services like or directly competitive with the services supplied by the subject worker group. The Department has carefully reviewed the request for reconsideration and the existing record, and will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974, as amended. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor’s prior decision. The application is, therefore, granted. Signed at Washington, DC, this 25th day of January, 2013. Del Mi Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–03094 Filed 2–11–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration tkelley on DSK3SPTVN1PROD with NOTICES 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 January 21, 2013 through January 25, 2013. 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 VerDate Mar<15>2010 16:40 Feb 11, 2013 Jkt 229001 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 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 9941 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); E:\FR\FM\12FEN1.SGM 12FEN1 9942 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices (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 1year 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 82,086 ......................... Ball Metal Beverage Packaging, A Division Of Ball Container LLC. Columbus, OH ................................ The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production or Impact date October 16, 2011. services) of the Trade Act have been met. TA–W No. Subject firm Location 82,196 ......................... 82,317 ......................... Alorica, Inc. (CA), PRC, LLC ....................... Bank of America, Deposit Product Operations And Monitoring. River Valley Newspaper Group, Advertising Design Group, Lee Enterprises, Inc.. Cutler Bay, FL ................................ San Francisco, CA ......................... November 29, 2011. January 4, 2012. La Crosse, WI ................................ January 4, 2012. 82,332 ......................... The following certifications have been issued. The requirements of Section 222(f) (firms identified by the Impact date International Trade Commission) of the Trade Act have been met. TA–W No. Subject firm Location 82,215 ......................... Sharp Electronics Corporation, Solar Group (SESG), Adecco Staffing. Camas, WA .................................... 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) TA–W No. Subject firm 82,195 ......................... Despatch Industries ...................................... Determinations Terminating Investigations of Petitions for Worker Adjustment Assistance tkelley on DSK3SPTVN1PROD with NOTICES 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. 82,287 ......................... 82,290 ......................... Hewlett Packard ........................................... Hewlett Packard Company, Printing & Personal System Americas Division. Jkt 229001 PO 00000 Frm 00060 (increased imports) and (a)(2)(B) (shift in production or services to a foreign country) of section 222 have not been met. Impact date Lakeville, MN Subject firm 16:40 Feb 11, 2013 December 6, 2011. Location TA–W No. VerDate Mar<15>2010 Impact date The following determinations terminating investigations were issued because the petitioner has requested that the petition be withdrawn. Location Fmt 4703 Impact date Conway, AR Houston, TX Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Notices I hereby certify that the aforementioned determinations were issued during the period of January 21, 2013 through January 25, 2013. 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 30, 2013. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–03093 Filed 2–11–13; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration Notice of Availability of Funds and Solicitation for Grant Applications for National Farmworker Jobs Program Grants Employment and Training Administration, Labor. ACTION: Notice of Solicitation for Grant Applications (SGA). AGENCY: Funding Opportunity Number: SGA/ DFA PY 12–05. SUMMARY: The Employment and Training Administration (ETA), U.S. Department of Labor (DOL or Department) announces a grant competition for the National Farmworker Jobs Program (NFJP), authorized under section 167 of the Workforce Investment Act (WIA). NFJP provides training, employment services, and related assistance in order to increase economic opportunities for migrant and seasonal farmworkers (MSFW) and their dependents. The Department is exercising its option under WIA to continue grant awards to NFJP grantees that have performed successfully, and hold a grant competition for service delivery areas in which the current grantee has not performed adequately. Therefore, this grant competition is only seeking applications to operate NFJP in the following service areas: California (central California service area covering Merced, Madera and Stanislaus Counties), Hawaii, Indiana, Michigan, Mississippi, New Jersey, and Puerto Rico. A total of approximately $9.6 million is expected to be available for grants in these service areas. However, the final amount available depends upon the amount of funds appropriated for NFJP in the Fiscal Year (FY) 2013 Department of Labor Appropriations Act. The complete SGA and any subsequent SGA amendments in connection with this solicitation are described in further detail on ETA’s Web site at http://www.doleta.gov/ grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation. DATES: The closing date for receipt of applications under this announcement is April 2, 2013. Applications must be received no later than 4:00:00 p.m. Eastern Time. FOR FURTHER INFORMATION CONTACT: Serena Boyd, 200 Constitution Avenue NW., Room N–4716, Washington, DC 20210; Telephone: 202–693–3338. Signed February 4, 2013 in Washington, DC Donna Kelly, Grant Officer, Employment and Training Administration. [FR Doc. 2013–03092 Filed 2–11–13; 8:45 am] BILLING CODE 4510–FN–P 9943 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 February 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 February 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. Elliott S. Kushner, Certifying Officer, Office of Trade Adjustment Assistance. DEPARTMENT OF LABOR Employment and Training Administration Appendix Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221 (a) 14 TAA PETITIONS INSTITUTED BETWEEN 1/21/13 AND 1/25/13 Subject firm (petitioners) Location Mount Hope (Company) ................................. American Airlines (Workers) .......................... YP Holdings LLC (Workers) ........................... American Silk Mills LLC (Company) .............. Innovative Arc Tubes Corp (State/One-Stop) GE Industrial of PR LLC (Company) ............. Hewlett-Packard Company (Company) ......... Sea Change International (State/One-Stop) .. Atmel Corporation (State/One-Stop) .............. Charlotte, NC ......................... Tulsa, OK ............................... San Francisco, CA ................. Plains, PA .............................. Bridgeport, CT ....................... San German, PR ................... Corvallis, OR .......................... Acton, MA .............................. Colorado Springs, CO ........... tkelley on DSK3SPTVN1PROD with NOTICES TA–W 82356 82357 82358 82359 82360 82361 82362 82363 82364 ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... VerDate Mar<15>2010 16:40 Feb 11, 2013 Jkt 229001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM Date of institution 12FEN1 01/22/13 01/22/13 01/22/13 01/22/13 01/23/13 01/23/13 01/24/13 01/24/13 01/24/13 Date of petition 01/18/13 01/16/13 01/17/13 01/18/13 12/31/12 01/22/13 01/23/13 01/23/13 01/22/13

Agencies

[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Notices]
[Pages 9941-9943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03093]


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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 
January 21, 2013 through January 25, 2013.
    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);

[[Page 9942]]

    (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
----------------------------------------------------------------------------------------------------------------
82,086.............................  Ball Metal Beverage          Columbus, OH..........  October 16, 2011.
                                      Packaging, A Division Of
                                      Ball Container LLC.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
82,196.............................  Alorica, Inc. (CA), PRC,     Cutler Bay, FL........  November 29, 2011.
                                      LLC.
82,317.............................  Bank of America, Deposit     San Francisco, CA.....  January 4, 2012.
                                      Product Operations And
                                      Monitoring.
82,332.............................  River Valley Newspaper       La Crosse, WI.........  January 4, 2012.
                                      Group, Advertising Design
                                      Group, Lee Enterprises,
                                      Inc..
----------------------------------------------------------------------------------------------------------------

    The following certifications have been issued. The requirements of 
Section 222(f) (firms identified by the International Trade Commission) 
of the Trade Act have been met.

----------------------------------------------------------------------------------------------------------------
              TA-W No.                       Subject firm                Location               Impact date
----------------------------------------------------------------------------------------------------------------
82,215.............................  Sharp Electronics            Camas, WA.............  December 6, 2011.
                                      Corporation, Solar Group
                                      (SESG), Adecco Staffing.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
82,195.............................  Despatch Industries........  Lakeville, MN           ......................
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
82,287.............................  Hewlett Packard............  Conway, AR              ......................
82,290.............................  Hewlett Packard Company,     Houston, TX             ......................
                                      Printing & Personal System
                                      Americas Division.
----------------------------------------------------------------------------------------------------------------


[[Page 9943]]

    I hereby certify that the aforementioned determinations were issued 
during the period of January 21, 2013 through January 25, 2013. 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 30, 2013.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-03093 Filed 2-11-13; 8:45 am]
BILLING CODE 4510-FN-P