Cardinal Health 200, LLC, Medical-Presource Manufacturing, Including On-Site Leased Workers From Adecco Staffing, USA and Baron, Including Workers Whose Unemployment Insurance (UI) Wages Were Reported Through Medical Concepts Development, Woodbury, Minnesota; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 33956-33957 [2014-13878]
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33956
Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are
or were produced by such firm or
subdivision.
For the Department to issue a
certification under Section 222(b) of the
Act, 19 U.S.C. 2272(b), to workers of a
Supplier or a Downstream Producer, the
following criteria must be met:
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(1) A significant number or proportion of
the workers in the workers’ firm or an
appropriate subdivision of the 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, 19 U.S.C. § 2272(a), and
such supply or production is related to the
article 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.
Section 222(c) of the Act, 19 U.S.C.
2272(c), defines the terms ‘‘Supplier’’
and ‘‘Downstream Producer.’’
The initial investigation resulted in a
negative determination based on the
findings that the subject firm supplies
services related to media measurement
and analysis and, therefore, does not
produce an article within the meaning
of Section 222(a) or Section 222(b) of
the Act. In order to be considered
eligible to apply for adjustment
assistance under Section 223 of the
Trade Act of 1974, the worker group
seeking certification (or on whose behalf
certification is being sought) must work
for a ‘‘firm’’ or appropriate subdivision
that produces an article. The definition
of a firm includes an individual
proprietorship, partnership, joint
venture, association, corporation
(including a development corporation),
business trust, cooperative, trustee in
bankruptcy, and receiver under decree
of any court.
In the request for reconsideration, a
former worker alleged that workers at
the subject firm produce software and
indicated that the worker group at the
subject firm is similar to the worker
group at Computer Sciences
Corporation, Financial Services Group,
East Hartford, Connecticut (TA–W–
53,209; U.S. Court of International
Trade case No. 04–00149), which is
eligible to apply for Trade Adjustment
Assistance (TAA).
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In TA–W–53,209, the Department
determined that articles can be either
tangible or intangible, that the workers
produced an article (software), that
production shifted to a foreign country,
and that imports of like or directly
competitive articles increased following
the shift in production. The Department
also determined that ‘‘the provision of a
service may result in the incidental
creation of an article. For example,
accountants provide services for the
purposes of the Act even though, in the
course of providing those services, they
may generate audit reports or similar
financial documents that might be
articles on the Harmonized Tariff
Schedule of the United States.’’ See TA–
W–53,209 Computer Sciences
Corporation, Financial Group, East
Hartford, Connecticut, Notice of Revised
Determination on Remand.
During the reconsideration
investigation, the Department contacted
the former worker to discuss the
allegations, confirmed previously
collected information, collected new
information from the subject firm, and
obtained additional information to
specifically address the allegations
made by the former worker.
Information obtained during the
reconsideration investigation confirmed
that the workers of the subject firm
provide services related to media
measurement and analysis and that
workers at the subject firm do not
produce an article, including software.
The workers use existing software for
analysis and creation of reports and
documents that are created incidentally
to the provision of media measurement
and analysis services. Consequently, the
workers do not produce an article,
within the meaning of the Trade Act.
Therefore, after careful review of the
request for reconsideration, the
Department determines that the criteria
of subsection (a) and (b) of Section 222
of the Act, 19 U.S.C. 2272(a) and (b)
have not been met.
Conclusion
After careful review, I determine that
the requirements of Section 222 of the
Act, 19 U.S.C. 2272, have not been met
and, therefore, deny the petition for
group eligibility of Salience Insight,
Inc., formerly known as KD Paine &
Partners, Inc., a subsidiary of News
Group International, Berlin, New
Hampshire, to apply for adjustment
assistance, in accordance with Section
223 of the Act, 19 U.S.C. 2273.
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Signed in Washington, DC, on this 4th day
of June, 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2014–13876 Filed 6–12–14; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–85,178]
Cardinal Health 200, LLC, Medical—
Presource Manufacturing, Including
On-Site Leased Workers From Adecco
Staffing, USA and Baron, Including
Workers Whose Unemployment
Insurance (UI) Wages Were Reported
Through Medical Concepts
Development, Woodbury, Minnesota;
Amended Certification Regarding
Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade Adjustment Assistance
In accordance with Section 223 of the
Trade Act of 1974, as amended (‘‘Act’’),
19 U.S.C. 2273, the Department of Labor
issued a Certification of Eligibility to
Apply for Worker Adjustment
Assistance and Alternative Trade
Adjustment Assistance on April 23,
2014, applicable to workers and former
workers of Cardinal Health 200, LLC,
Medical—Presource Manufacturing,
including on-site leased workers from
Adecco Staffing, USA, including
workers whose unemployment
insurance (UI) wages were reported
through Medical Concepts
Development, Woodbury, Minnesota
(subject firm). The workers are engaged
in activities related to the production of
latex-free surgical incise and fluid
control drapes, and other OEM medical
products. The Notice was published in
the Federal Register on May 12, 2014
(79 FR 27001).
At the request of the State of
Minnesota, the Department reviewed
the certification for workers of the
subject firm.
New information from the company
shows that workers leased from Baron
were employed on-site at the Woodbury,
Minnesota location of Cardinal Health
200, LLC, Medical—Presource
Manufacturing, including workers
whose unemployment insurance (UI)
wages were reported through Medical
Concepts Development. The Department
has determined that these workers were
sufficiently under the control of the
subject firm to be considered leased
workers.
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Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Notices
The intent of the Department’s
certification is to include all workers of
the subject firm who were adversely
affected by a shift in production to a
free-trade country of latex-free surgical
incise and fluid control drapes, and
other OEM medical products.
Based on these findings, the
Department is amending this
certification to include workers leased
from Baron working on-site at the
Woodbury, Minnesota location of the
subject firm.
The amended notice applicable to
TA–W–85,178 is hereby issued as
follows:
All workers from Cardinal Health 200,
LLC, Medical—Presource Manufacturing,
including on-site leased workers from
Adecco Staffing, USA and Baron, including
workers whose unemployment insurance (UI)
wages were reported through Medical
Concepts Development, Woodbury,
Minnesota, who became totally or partially
separated from employment on or after
March 21, 2013, through April 23, 2016, are
eligible to apply for adjustment assistance
under Chapter 2 of Title II of the Trade Act
of 1074, as amended, and are also eligible to
apply for alternative trade adjustment
assistance under Section 246 of the Trade Act
of 1974, as amended.
Signed at Washington, DC, this 30th day of
May 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2014–13878 Filed 6–12–14; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
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Notice of Determinations Regarding
Eligibility To Apply for Worker
Adjustment Assistance and Alternative
Trade 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 (TA–W) number and alternative
trade adjustment assistance (ATAA) by
(TA–W) number issued during the
period of May 26, 2014 through May 30,
2014.
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. Section (a)(2)(A) all of the following
must be satisfied:
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18:01 Jun 12, 2014
Jkt 232001
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. the sales or production, or both, of
such firm or subdivision have decreased
absolutely; and
C. increased imports of articles like or
directly competitive with articles
produced by such firm or subdivision
have contributed importantly to such
workers’ separation or threat of
separation and to the decline in sales or
production of such firm or subdivision;
or
II. Section (a)(2)(B) both of the
following must be satisfied:
A. A significant number or proportion
of the workers in such workers’ firm, or
an appropriate subdivision of the firm,
have become totally or partially
separated, or are threatened to become
totally or partially separated;
B. there has been a shift in production
by such workers’ firm or subdivision to
a foreign country of articles like or
directly competitive with articles which
are produced by such firm or
subdivision; and
C. One of the following must be
satisfied:
1. The country to which the workers’
firm has shifted production of the
articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’
firm has shifted production of the
articles to a beneficiary country under
the Andean Trade Preference Act,
African Growth and Opportunity Act, or
the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an
increase in imports of articles that are
like or directly competitive with articles
which are or were produced by such
firm or subdivision.
Also, in order for an affirmative
determination to be made for
secondarily affected 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(b) of the Act must be met.
(1) significant number or proportion
of the workers in the workers’ firm or
an appropriate subdivision of the firm
have become totally or partially
separated, or are threatened to become
totally or partially separated;
(2) the workers’ firm (or subdivision)
is a supplier or downstream producer to
a firm (or subdivision) that employed a
group of workers who received a
certification of eligibility to apply for
trade adjustment assistance benefits and
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Fmt 4703
Sfmt 4703
33957
such supply or production is related to
the article that was the basis for such
certification; and
(3) either—
(A) the workers’ firm is a supplier and
the component parts it supplied for the
firm (or subdivision) described in
paragraph (2) accounted for at least 20
percent of the production or sales of the
workers’ firm; or
(B) a loss or business by the workers’
firm with the firm (or subdivision)
described in paragraph (2) contributed
importantly to the workers’ separation
or threat of separation.
In order for the Division of Trade
Adjustment Assistance to issue a
certification of eligibility to apply for
Alternative Trade Adjustment
Assistance (ATAA) for older workers,
the group eligibility requirements of
Section 246(a)(3)(A)(ii) of the Trade Act
must be met.
1. Whether a significant number of
workers in the workers’ firm are 50
years of age or older.
2. Whether the workers in the
workers’ firm possess skills that are not
easily transferable.
3. The competitive conditions within
the workers’ industry (i.e., conditions
within the industry are adverse).
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.
None.
Affirmative Determinations for Worker
Adjustment Assistance and Alternative
Trade 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) and
Section 246(a)(3)(A)(ii) of the Trade Act
have been met.
85,071, General Electric Company, Fort
Edward, New York. February 4,
2013.
85,248, Great Northern Paper Maine
Holding, LLC., East Millinocket,
Maine. April 18, 2013.
Negative Determinations for Alternative
Trade Adjustment Assistance
In the following cases, it has been
determined that the requirements of
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Agencies
[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Notices]
[Pages 33956-33957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13878]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-85,178]
Cardinal Health 200, LLC, Medical--Presource Manufacturing,
Including On-Site Leased Workers From Adecco Staffing, USA and Baron,
Including Workers Whose Unemployment Insurance (UI) Wages Were Reported
Through Medical Concepts Development, Woodbury, Minnesota; Amended
Certification Regarding Eligibility To Apply for Worker Adjustment
Assistance and Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a
Certification of Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on April 23, 2014,
applicable to workers and former workers of Cardinal Health 200, LLC,
Medical--Presource Manufacturing, including on-site leased workers from
Adecco Staffing, USA, including workers whose unemployment insurance
(UI) wages were reported through Medical Concepts Development,
Woodbury, Minnesota (subject firm). The workers are engaged in
activities related to the production of latex-free surgical incise and
fluid control drapes, and other OEM medical products. The Notice was
published in the Federal Register on May 12, 2014 (79 FR 27001).
At the request of the State of Minnesota, the Department reviewed
the certification for workers of the subject firm.
New information from the company shows that workers leased from
Baron were employed on-site at the Woodbury, Minnesota location of
Cardinal Health 200, LLC, Medical--Presource Manufacturing, including
workers whose unemployment insurance (UI) wages were reported through
Medical Concepts Development. The Department has determined that these
workers were sufficiently under the control of the subject firm to be
considered leased workers.
[[Page 33957]]
The intent of the Department's certification is to include all
workers of the subject firm who were adversely affected by a shift in
production to a free-trade country of latex-free surgical incise and
fluid control drapes, and other OEM medical products.
Based on these findings, the Department is amending this
certification to include workers leased from Baron working on-site at
the Woodbury, Minnesota location of the subject firm.
The amended notice applicable to TA-W-85,178 is hereby issued as
follows:
All workers from Cardinal Health 200, LLC, Medical--Presource
Manufacturing, including on-site leased workers from Adecco
Staffing, USA and Baron, including workers whose unemployment
insurance (UI) wages were reported through Medical Concepts
Development, Woodbury, Minnesota, who became totally or partially
separated from employment on or after March 21, 2013, through April
23, 2016, are eligible to apply for adjustment assistance under
Chapter 2 of Title II of the Trade Act of 1074, as amended, and are
also eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, as amended.
Signed at Washington, DC, this 30th day of May 2014.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2014-13878 Filed 6-12-14; 8:45 am]
BILLING CODE 4510-FN-P