Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 74164-74166 [2013-29362]

Download as PDF maindgalligan on DSK5TPTVN1PROD with NOTICES 74164 Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices workers of the subject firm. The Department’s Notice of determination will soon be published in the Federal Register. The subject firm supplies acute care hospital physician office services. Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances: (1) If it appears on the basis of facts not previously considered that the determination complained of was erroneous; (2) If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or (3) If in the opinion of the Certifying Officer, a misinterpretation of facts or of the law justified reconsideration of the decision. The negative determination applicable to workers and former workers of the subject firm was based on the Department’s findings that the subject firm did not import services like or directly competitive with the services supplied by the workers, and a shift in the supply of such services to a foreign country by the workers’ firm or an acquisition of such services from a foreign country by the workers’ firm did not occur in the relevant time period. The investigation revealed that the petitioning worker group did not meet the criteria set forth in Section 222(a) and Section 222(e) of the Trade Act of 1974, as amended. In the request for reconsideration, the petitioner did not supply facts not previously considered and did not provide additional documentation indicating that there was either (1) a mistake in the determination of facts not previously considered or (2) a misinterpretation of facts or of the law justifying reconsideration of the initial determination. The request for reconsideration alleges that the subject firm entered into a contract with M Modal that may have allowed the outsourcing of services, and requested that the Department confirm that no such outsourcing occurred. Based on these findings, the Department determines that 29 CFR 90.18(c) has not been met. In addition, a careful review of the administrative record reveals that the Department did confirm with both the subject firm and M Modal that no such shift had occurred. Conclusion After careful review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify VerDate Mar<15>2010 18:48 Dec 09, 2013 Jkt 232001 reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed in Washington, DC, this 27th day of November, 2013. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–29360 Filed 12–9–13; 8:45 am] BILLING CODE 4510–FN–P 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 November 18, 2013 through November 22, 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 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 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 E:\FR\FM\10DEN1.SGM 10DEN1 Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices 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 (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 82,897 .......... 83,041 .......... Alorica, Inc. ................................................................................................. American Customer Care, Inc., Haier Tier One Group, Aerotek ............... Cedar Rapids, IA .................. Montoursville, PA ................. The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production or 74165 Impact date July 10, 2012. August 28, 2012. services) of the Trade Act have been met. TA–W number Subject firm Location 83,133 ......................... 83,145 ......................... 83,149 ......................... Alkco, Philips Lighting, Beco Group, and Adecco ........................... Westinghouse Fuel Company, LLC, Windsor Fuel Components .... Navistar Truck Development & Technology Center, Populus Group, Technical Training, Inc., PPP, OTEK, Staffmark, MidStates. Spence Engineering Company, Inc., Circor International, Inc., Knapp Consultants. MetLife Group, Inc., MetLife, Inc., Service Delivery Center, CLR Operations Unit. Clyde Union, Inc., SPX Power and Energy, Manpower, Aerotek, Impact Solutions. Standard Microsystems Corporation, Microchip Technology, Test Division, Stivers Staffing. Creavey Seal Company, Sanders Industries, Express Employment and ERG Staffing. Franklin Park, IL ............... Windsor, CT ..................... Fort Wayne, IN ................. October 11, 2012. October 17, 2012. October 21, 2013. Walden, NY ...................... October 22, 2012. Johnstown, PA ................. October 29, 2012. Battle Creek, MI ............... October 22, 2012. Hauppauge, NY ............... November 4, 2012. Scott Township, PA ......... November 7, 2012. 83,176 ......................... 83,182 ......................... 83,187 ......................... 83,196 ......................... 83,211 ......................... maindgalligan on DSK5TPTVN1PROD with NOTICES 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 83,027 .......... Meritor Heavy Vehicle Systems, LLC, Specialty Group Division, Meritor, Inc., Populus Group and Academy Medical. Heath, OH ............................ VerDate Mar<15>2010 18:48 Dec 09, 2013 Jkt 232001 Impact date PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1 Impact date April 30, 2013. 74166 Federal Register / Vol. 78, No. 237 / Tuesday, December 10, 2013 / Notices 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 83,113 .......... JP Morgan Chase and Company, Mortgage Banking Division, Production Operations. Westerville, OH .................... 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 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. 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 TA–W number Subject firm 82,932 .......... 83,174 .......... Atmel Corporation ....................................................................................... Atmel Corporation ....................................................................................... I hereby certify that the aforementioned determinations were issued during the period of November 18, 2013 through November 22, 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. Signed at Washington, DC, this 27th day of November 2013. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2013–29362 Filed 12–9–13; 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) Impact date Location Impact date Colorado Springs, CO. Colorado Springs, CO. 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 December 20, 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 December 20, 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 27th day of November 2013. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. APPENDIX [18 TAA petitions instituted between 11/18/13 and 11/22/13] maindgalligan on DSK5TPTVN1PROD with NOTICES TA–W 83221 83222 83223 83224 83225 83226 ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... 83227 ...................................... VerDate Mar<15>2010 18:48 Dec 09, 2013 Date of institution Date of petition Subject firm (petitioners) Location State Industries (State/One-Stop) .......................... Advance Auto Parts (Workers) .............................. CDS Publications/Yamagata (State/One-Stop) ..... Blake One, Inc. (State/One-Stop) .......................... Pilkington, NA (Union) ............................................ American Express, World Service (State/OneStop). CCL Industries, frmly Avery North America Supply Chain (Union). Eugene, OR ................... Roanoke, VA .................. Vista, CA ........................ New York, NY ................ Lathrop, CA .................... Salt Lake City, UT ......... 11/19/13 11/19/13 11/19/13 11/19/13 11/19/13 11/19/13 11/13/13 11/18/13 11/17/13 11/18/13 11/18/13 11/18/13 Chicopee, MA ................ 11/20/13 11/19/13 Jkt 232001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\10DEN1.SGM 10DEN1

Agencies

[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74164-74166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29362]


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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 
November 18, 2013 through November 22, 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

[[Page 74165]]

under Section 222(a) of the Act, and such supply or production is 
related to the article or service that was the basis for such 
certification; and
    (3) either--
    (A) the workers' firm is a supplier and the component parts it 
supplied to the firm described in paragraph (2) accounted for at least 
20 percent of the production or sales of the workers' firm; or
    (B) a loss of business by the workers' firm with the firm described 
in paragraph (2) contributed importantly to the workers' separation or 
threat of separation.
    In order for an affirmative determination to be made for adversely 
affected workers in firms identified by the International Trade 
Commission and a certification issued regarding eligibility to apply 
for worker adjustment assistance, each of the group eligibility 
requirements of Section 222(f) of the Act must be met.
    (1) the workers' firm is publicly identified by name by the 
International Trade Commission as a member of a domestic industry in an 
investigation resulting in--
    (A) an affirmative determination of serious injury or threat 
thereof under section 202(b)(1);
    (B) an affirmative determination of market disruption or threat 
thereof under section 421(b)(1); or
    (C) an affirmative final determination of material injury or threat 
thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
    (2) the petition is filed during the 1-year period beginning on the 
date on which--
    (A) a summary of the report submitted to the President by the 
International Trade Commission under section 202(f)(1) with respect to 
the affirmative determination described in paragraph (1)(A) is 
published in the Federal Register under section 202(f)(3); or
    (B) notice of an affirmative determination described in 
subparagraph (1) is published in the Federal Register; and
    (3) the workers have become totally or partially separated from the 
workers' firm within--
    (A) the 1-year period described in paragraph (2); or
    (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
----------------------------------------------------------------------------------------------------------------
82,897...............  Alorica, Inc.......................  Cedar Rapids, IA....  July 10, 2012.
83,041...............  American Customer Care, Inc., Haier  Montoursville, PA...  August 28, 2012.
                        Tier One Group, Aerotek.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
83,133.......................  Alkco, Philips Lighting, Beco     Franklin Park, IL  October 11, 2012.
                                Group, and Adecco.
83,145.......................  Westinghouse Fuel Company, LLC,   Windsor, CT......  October 17, 2012.
                                Windsor Fuel Components.
83,149.......................  Navistar Truck Development &      Fort Wayne, IN...  October 21, 2013.
                                Technology Center, Populus
                                Group, Technical Training,
                                Inc., PPP, OTEK, Staffmark, Mid-
                                States.
83,176.......................  Spence Engineering Company,       Walden, NY.......  October 22, 2012.
                                Inc., Circor International,
                                Inc., Knapp Consultants.
83,182.......................  MetLife Group, Inc., MetLife,     Johnstown, PA....  October 29, 2012.
                                Inc., Service Delivery Center,
                                CLR Operations Unit.
83,187.......................  Clyde Union, Inc., SPX Power and  Battle Creek, MI.  October 22, 2012.
                                Energy, Manpower, Aerotek,
                                Impact Solutions.
83,196.......................  Standard Microsystems             Hauppauge, NY....  November 4, 2012.
                                Corporation, Microchip
                                Technology, Test Division,
                                Stivers Staffing.
83,211.......................  Creavey Seal Company, Sanders     Scott Township,    November 7, 2012.
                                Industries, Express Employment    PA.
                                and ERG Staffing.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
83,027...............  Meritor Heavy Vehicle Systems, LLC,  Heath, OH...........  April 30, 2013.
                        Specialty Group Division, Meritor,
                        Inc., Populus Group and Academy
                        Medical.
----------------------------------------------------------------------------------------------------------------


[[Page 74166]]

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
----------------------------------------------------------------------------------------------------------------
83,113...............  JP Morgan Chase and Company,         Westerville, OH.....  ..............................
                        Mortgage Banking Division,
                        Production Operations.
----------------------------------------------------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
82,932...............  Atmel Corporation..................  Colorado Springs, CO
83,174...............  Atmel Corporation..................  Colorado Springs, CO
----------------------------------------------------------------------------------------------------------------


    I hereby certify that the aforementioned determinations were 
issued during the period of November 18, 2013 through November 22, 
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.

    Signed at Washington, DC, this 27th day of November 2013.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-29362 Filed 12-9-13; 8:45 am]
BILLING CODE 4510-FN-P