Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 12361-12363 [2013-04018]
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
additional documentation indicating
that there was either a mistake in the
determination of facts not previously
considered or a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination. Based on these findings,
the Department determines that 29 CFR
90.18(c) has not been met.
Conclusion
After review of the applications and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed at Washington, DC, this 12th day of
February, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2013–04023 Filed 2–21–13; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
sroberts on DSK5SPTVN1PROD 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 February 4, 2013
through February 8, 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;
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16:18 Feb 21, 2013
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(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.
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Fmt 4703
Sfmt 4703
12361
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 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
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22FEN1
12362
Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
(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 number
Subject firm
Location
82,105 ..........
82,155 ..........
82,176 ..........
Thorco Industries LLC, Penmac .............................
Juniata Fabrics, Inc., Manpower .............................
Rock Tenn Company, dba Rocktenn, Container
Division.
Wausau Paper, Brainerd Converting Operation,
Employment Resource Center.
Cassville, MO ..........................................................
Altoona, PA .............................................................
Martinsville, VA .......................................................
October 19, 2011.
October 26, 2011.
November 16, 2011.
Brainerd, MN ...........................................................
December 27, 2011.
82,302 ..........
The following certifications have been
issued. The requirements of Section
222(a)(2)(B) (shift in production or
Impact date
services) of the Trade Act have been
met.
TA–W number
Subject firm
Location
82,305 ..........
YP Connecticut Information Services LLC, Publishing Operations, YP LLC, YP Holdings LLC ,
Ameritraining, Inc..
Steelcase, Inc., The Manpower Group/Tapfin ........
Steelcase, Inc., The Manpower Group/Tapfin ........
Stoneridge, Inc., Global Wiring Division, Product
Cost Department and Business Development.
American Silk Mills LLC, Gerli and Company ........
Wells Fargo Bank, Online Customer Service Department, Email Division, Wells Fargo, etc.
Athena Health, Inc ..................................................
Allied-Baltic Rubber, Inc., dba Zhongding USA,
Anhui Zhongding Sealing Parts, Mancan,
Randstad, etc.
New Haven, CT .......................................................
January 2, 2012.
Grand Rapids, MI ....................................................
Kentwood, MI ..........................................................
Warren, OH .............................................................
February 5, 2013.
January 7, 2012.
January 1, 2012.
Plains, PA ................................................................
Concord, CA ............................................................
January 7, 2012.
January 4, 2012.
Birmingham, AL .......................................................
Strasburg, OH .........................................................
January 24, 2012.
January 24, 2012.
82,320 ..........
82,320A ........
82,321 ..........
82,322 ..........
82,324 ..........
82,367 ..........
82,377 ..........
The following certifications have been
issued. The requirements of Section
222(c) (supplier to a firm whose workers
Impact date
are certified eligible to apply for TAA)
of the Trade Act have been met.
TA–W number
Subject firm
Location
82,282 ..........
Exide Technologies, Recycling Division .................
Laureldale, PA .........................................................
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)
Impact date
(increased imports) and (a)(2)(B) (shift
in production or services to a foreign
country) of section 222 have not been
met.
Subject firm
Location
82,261 ..........
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TA–W number
Genzyme Corporation, Research and Development Group, PRO-Unlimited.
Eaton Corporation, Clutch Division, Bartech ..........
Waltham, MA ...........................................................
82,312 ..........
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Impact date
Auburn, IN ...............................................................
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December 19, 2011.
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Federal Register / Vol. 78, No. 36 / Friday, February 22, 2013 / Notices
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 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 number
Subject firm
Location
82,209 ..........
82,212 ..........
82,310 ..........
Cognizant Technology Solutions U.S. Corporation
BJR Selected Trucking, Inc. ...................................
HCL America, HCL Technologies Limited ..............
Teaneck, NJ ............................................................
Washington, PA ......................................................
Wilsonville, OR ........................................................
The following determinations
terminating investigations were issued
because the petitions are the subject of
ongoing investigations under petitions
Impact date
filed earlier covering the same
petitioners.
TA–W number
Subject firm
Location
82,359 ..........
American Silk Mills LLC, Gerli and Company ........
Plains, PA ................................................................
I hereby certify that the
aforementioned determinations were
issued during the period of February 4,
2013 through February 8, 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: February 12, 2013.
Elliott S. Kushner
Certifying Officer, Division of Trade
Adjustment Assistance .
[FR Doc. 2013–04018 Filed 2–21–13; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Investigations Regarding Eligibility To
Apply for Worker Adjustment
Assistance
Petitions have been filed with the
Secretary of Labor under Section 221 (a)
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.
Impact date
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 March 4, 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 March 4, 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.
Signed at Washington, DC this 13th day of
February 2013.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment
Assistance.
APPENDIX
[30 TAA petitions instituted between 2/4/13 and 2/8/13]
Subject firm
(petitioners)
Location
Superior Fibers (Company) ............................
Bush Industries, Inc. of PA (Company) ..........
Dominion Resources Inc (State/One-Stop) ....
Sabreliner Corporation (3 Locations) (Union)
FPL Food LLC (Workers) ...............................
The Body Shop (Workers) ..............................
Mersen USA Bn Corp, Bay City Branch
(Company).
Sears Holdings (Workers) ...............................
Masco Cabinetry LLC (Company) ..................
Xerox Corporation (Workers) ..........................
Bremen, OH ....................................................
Erie, PA ...........................................................
Kewaunee, WI .................................................
Perryville, MO .................................................
Augusta, GA ....................................................
Wake Forest, NC ............................................
Bay City, MI ....................................................
02/04/13
02/04/13
02/04/13
02/05/13
02/05/13
02/05/13
02/05/13
02/01/13
02/01/13
02/01/13
02/04/13
02/04/13
01/17/13
02/04/13
Round Rock, TX .............................................
Atkins, VA .......................................................
Wilsonville, OR ................................................
02/05/13
02/05/13
02/05/13
02/04/13
02/04/13
02/04/13
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TA–W
82407
82408
82409
82410
82411
82412
82413
............
............
............
............
............
............
............
82414 ............
82415 ............
82416 ............
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Date of
institution
22FEN1
Date of
petition
]]>Agencies
[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Notices]
[Pages 12361-12363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04018]
-----------------------------------------------------------------------
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
February 4, 2013 through February 8, 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);
(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
[[Page 12362]]
(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 number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
82,105................ Thorco Industries LLC, Cassville, MO............. October 19, 2011.
Penmac.
82,155................ Juniata Fabrics, Inc., Altoona, PA............... October 26, 2011.
Manpower.
82,176................ Rock Tenn Company, dba Martinsville, VA.......... November 16, 2011.
Rocktenn, Container
Division.
82,302................ Wausau Paper, Brainerd Brainerd, MN.............. December 27, 2011.
Converting Operation,
Employment Resource
Center.
----------------------------------------------------------------------------------------------------------------
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 number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
82,305................ YP Connecticut Information New Haven, CT............. January 2, 2012.
Services LLC, Publishing
Operations, YP LLC, YP
Holdings LLC ,
Ameritraining, Inc..
82,320................ Steelcase, Inc., The Grand Rapids, MI.......... February 5, 2013.
Manpower Group/Tapfin.
82,320A............... Steelcase, Inc., The Kentwood, MI.............. January 7, 2012.
Manpower Group/Tapfin.
82,321................ Stoneridge, Inc., Global Warren, OH................ January 1, 2012.
Wiring Division, Product
Cost Department and
Business Development.
82,322................ American Silk Mills LLC, Plains, PA................ January 7, 2012.
Gerli and Company.
82,324................ Wells Fargo Bank, Online Concord, CA............... January 4, 2012.
Customer Service
Department, Email
Division, Wells Fargo,
etc.
82,367................ Athena Health, Inc........ Birmingham, AL............ January 24, 2012.
82,377................ Allied-Baltic Rubber, Strasburg, OH............. January 24, 2012.
Inc., dba Zhongding USA,
Anhui Zhongding Sealing
Parts, Mancan, Randstad,
etc.
----------------------------------------------------------------------------------------------------------------
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 number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
82,282................ Exide Technologies, Laureldale, PA............ December 19, 2011.
Recycling Division.
----------------------------------------------------------------------------------------------------------------
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 number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
82,261................ Genzyme Corporation, Waltham, MA...............
Research and Development
Group, PRO-Unlimited.
82,312................ Eaton Corporation, Clutch Auburn, IN................
Division, Bartech.
----------------------------------------------------------------------------------------------------------------
[[Page 12363]]
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 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 number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
82,209................ Cognizant Technology Teaneck, NJ...............
Solutions U.S.
Corporation.
82,212................ BJR Selected Trucking, Washington, PA............
Inc..
82,310................ HCL America, HCL Wilsonville, OR...........
Technologies Limited.
----------------------------------------------------------------------------------------------------------------
The following determinations terminating investigations were issued
because the petitions are the subject of ongoing investigations under
petitions filed earlier covering the same petitioners.
----------------------------------------------------------------------------------------------------------------
TA-W number Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
82,359................ American Silk Mills LLC, Plains, PA................
Gerli and Company.
----------------------------------------------------------------------------------------------------------------
I hereby certify that the aforementioned determinations were issued
during the period of February 4, 2013 through February 8, 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: February 12, 2013.
Elliott S. Kushner
Certifying Officer, Division of Trade Adjustment Assistance .
[FR Doc. 2013-04018 Filed 2-21-13; 8:45 am]
BILLING CODE 4510-FN-P
