Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 12361-12363 [2013-04018]

Download as PDF 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; VerDate Mar<15>2010 16:18 Feb 21, 2013 Jkt 229001 (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. PO 00000 Frm 00072 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 E:\FR\FM\22FEN1.SGM 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 .......... sroberts on DSK5SPTVN1PROD with NOTICES TA–W number Genzyme Corporation, Research and Development Group, PRO-Unlimited. Eaton Corporation, Clutch Division, Bartech .......... Waltham, MA ........................................................... 82,312 .......... VerDate Mar<15>2010 16:18 Feb 21, 2013 Jkt 229001 PO 00000 Frm 00073 Impact date Auburn, IN ............................................................... Fmt 4703 Sfmt 4703 December 19, 2011. E:\FR\FM\22FEN1.SGM 22FEN1 12363 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 sroberts on DSK5SPTVN1PROD with NOTICES TA–W 82407 82408 82409 82410 82411 82412 82413 ............ ............ ............ ............ ............ ............ ............ 82414 ............ 82415 ............ 82416 ............ VerDate Mar<15>2010 16:18 Feb 21, 2013 Jkt 229001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\22FEN1.SGM 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]


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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 
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