Federal Register: November 5, 2009 (Volume 74, Number 213)
DOCID: fr05no09-90 FR Doc E9-26567
DEPARTMENT OF LABOR
Employment and Training Administration
NOTICE: NOTICES
DOCID: fr05no09-90
ACTION: Affirmative Determination Regarding Application for Reconsideration:
SUBJECT CATEGORY:
Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance
DOCUMENT SUMMARY:
In accordance with Section 223 of the Trade Act of 1974, as amended (19 USC 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TAW) number issued during the period of September 7 through September 18, 2009.
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 [[Page 57337]]
(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 1year period described in paragraph (2); or
(B) Notwithstanding section 223(b)(1), the 1year period preceding the 1year 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.
TAW70,296; SMC Corporation of America, Detroit Branch, Rochester Hills, MI: May 19, 2008
TAW70,459; Icon Health and Fitness, Intermountain Staffing, People Link, Logan, UT: May 20, 2008
TAW70,934; Airtex Products, LP, Fairfield, IL: November 14, 2008
TAW71,103; KF Industries, Circo Energy Products Div. Cirocor
International, Leased workers from Adecco, Oklahoma City, OK: June 1, 2008
TAW71,249; General Motors Company, GM Corp., Vehicle Mfg., Assembly Plant, Caravan/Knight, Wilmington, DE: June 15, 2008
TAW71,738; United States Gypsum Company, Rainer, OR: July 17, 2008
TAW72,129; Hampton Lumber MillsWashington, Inc., Morton Division, Morton, WA: August 25, 2008
TAW70,823; Blount, Inc., Milwaukie, OR: May 29, 2008
TAW70,006; Maine Woods Company, Tempo Employment Service, Portage Lake, ME: May 18, 2008
TAW70,083; Circuit Check, Inc, Leased WorkersAerotek, MRI, and E Technical Staffing Inc., Maple Grove, MN: May 18, 2008
TAW70,124A; Hutchinson Technology, Inc., Leased Workers From Doherty, Plymouth, MN: May 18, 2008
TAW70,124; Hutchinson Technology, Inc., Leased Workers From Doherty, Hutchinson, MN: May 18, 2008
TAW70,281; AGC Flat Glass North America, Inc., Corporate Services Office, Kingsport, TN: April 20, 2008
TAW70,354; MoldRite Tool, Inc., Cignet, LLC, Fraser, MI: May 19, 2008
TAW70,423; Phillips Plating Corporation, Phillips, WI: May 19, 2008
TAW70,470; Vette Corp, North America Power Division, Ontario, NY: May 18, 2008
TAW70,555; Highland Machine & Screw Products, Highland, IL: May 21, 2008
TAW70,593A; Enterprise Automotive Systems, Leased Wkrs from LG Manpower, Saginaw, MI: May 22, 2008
TAW70,593B; Saginaw Veterans LLC, Enterprise Automotive Systems, Leased Wkrs from LG Manpower, Saginaw, MI: May 22, 2008
TAW70,593; Enterprise Automotive Systems, Leased Workers from LG Manpower, Warren, MI: May 22, 2008
TAW70,710; Biofit Engineered Products LTD Partnership, Bowling Green,
SUMMARY:
Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance
DOCUMENT BODY 2:
In accordance with Section 223 of the Trade Act of 1974, as amended (19 USC 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TAW) number issued during the period of September 7 through September 18, 2009.
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 [[Page 57337]]
(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 1year period described in paragraph (2); or
(B) Notwithstanding section 223(b)(1), the 1year period preceding the 1year 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.
TAW70,296; SMC Corporation of America, Detroit Branch, Rochester Hills, MI: May 19, 2008
TAW70,459; Icon Health and Fitness, Intermountain Staffing, People Link, Logan, UT: May 20, 2008
TAW70,934; Airtex Products, LP, Fairfield, IL: November 14, 2008
TAW71,103; KF Industries, Circo Energy Products Div. Cirocor
International, Leased workers from Adecco, Oklahoma City, OK: June 1, 2008
TAW71,249; General Motors Company, GM Corp., Vehicle Mfg., Assembly Plant, Caravan/Knight, Wilmington, DE: June 15, 2008
TAW71,738; United States Gypsum Company, Rainer, OR: July 17, 2008
TAW72,129; Hampton Lumber MillsWashington, Inc., Morton Division, Morton, WA: August 25, 2008
TAW70,823; Blount, Inc., Milwaukie, OR: May 29, 2008
TAW70,006; Maine Woods Company, Tempo Employment Service, Portage Lake, ME: May 18, 2008
TAW70,083; Circuit Check, Inc, Leased WorkersAerotek, MRI, and E Technical Staffing Inc., Maple Grove, MN: May 18, 2008
TAW70,124A; Hutchinson Technology, Inc., Leased Workers From Doherty, Plymouth, MN: May 18, 2008
TAW70,124; Hutchinson Technology, Inc., Leased Workers From Doherty, Hutchinson, MN: May 18, 2008
TAW70,281; AGC Flat Glass North America, Inc., Corporate Services Office, Kingsport, TN: April 20, 2008
TAW70,354; MoldRite Tool, Inc., Cignet, LLC, Fraser, MI: May 19, 2008
TAW70,423; Phillips Plating Corporation, Phillips, WI: May 19, 2008
TAW70,470; Vette Corp, North America Power Division, Ontario, NY: May 18, 2008
TAW70,555; Highland Machine & Screw Products, Highland, IL: May 21, 2008
TAW70,593A; Enterprise Automotive Systems, Leased Wkrs from LG Manpower, Saginaw, MI: May 22, 2008
TAW70,593B; Saginaw Veterans LLC, Enterprise Automotive Systems, Leased Wkrs from LG Manpower, Saginaw, MI: May 22, 2008
TAW70,593; Enterprise Automotive Systems, Leased Workers from LG Manpower, Warren, MI: May 22, 2008
TAW70,710; Biofit Engineered Products LTD Partnership, Bowling Green,