Federal Register: December 11, 2009 (Volume 74, Number 237)
DOCID: fr11de09-77 FR Doc E9-29503
DEPARTMENT OF LABOR
Employment and Training Administration
NOTICE: NOTICES
DOCID: fr11de09-77
ACTION: Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance, etc.:
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 October 19 through October 30, 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 [[Page 65794]]
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 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.
TAW70,612; Holcim (US), Inc., Dundee Plant Div., Independent Contractors, Dundee, MI: May 22, 2008.
TAW70,841; Alliance Carolina Tool and Mold Corporation, Plastics Division, Arden, NC: May 29, 2008.
TAW70,892; Eastern Screw Company, Inc., Allesco Industries, Inc., Johnston, RI: June 1, 2008.
TAW71,021; Martinrea Industries, Inc., Reed City Tool and Die, Reed City, MI: March 7, 2009.
TAW71,072; Stanley Tools, Division of The Stanley Works, Inc., Pittsfield, VT: June 8, 2008.
TAW71,205; ArcelorMittal Georgetown, Georgetown, SC: June 15, 2008.
TAW71,641; Rocky Mountain Poison and Drug Center, Denver Health and Hospital Authority, Denver, CO: July 10, 2008.
TAW71,742; Kilian Manufacturing, Adecco Employment Services, etc, Syracuse, NY: July 17, 2008.
TAW71,743; HWD Acquisition, Inc., Formerly Monarchy Holding, Inc., Medford, WI: July 16, 2008.
TAW71,920; Weyerhaeuser NR, Engineered Wood Products, Albany, OR: August 3, 2008.
TAW72,309; Neapco, LLC, Components Division, Pottstown, PA: September 14, 2008.
TAW65,242; Sierra Pacific Industries, Aberdeen, WA: February 2, 2008.
TAW70,613; Technicolor Business Group, Thomas, Inc., Technicolor Home, Select, Staff Line, Livonia, MI: May 15, 2008.
TAW70,154; Titanx Engine Cooling, Adecco Engineering and Technical and Kelly Services, Jamestown, NY: May 5, 2009.
TAW70,216; Nexergy, Inc., Canon City, CO: May 18, 2008.
TAW70,238; Straits Steel and Wire Company, SSW Holding Company, Inc., Ludington, MI: May 18, 2008.
TAW70,277; Mississippi Polymers, Inc., Corinth, MS: May 19, 2008.
TAW70,383; Veyance Technologies Inc., Kelly Scientific & Independent Contractors, Sun Prairie, WI: May 20, 2008.
TAW70,494; Alliance Castings Company, LLC, Ohio Castings/Leased Worker of Select Pro, Inc., Alliance, OH: May 21, 2008.
TAW70,514; Wisconsin Metal Products, Racine, WI: May 19, 2008.
TAW70,520A; The Boeing Company, Commercial Aircraft Group, Portland,
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 October 19 through October 30, 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 [[Page 65794]]
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 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.
TAW70,612; Holcim (US), Inc., Dundee Plant Div., Independent Contractors, Dundee, MI: May 22, 2008.
TAW70,841; Alliance Carolina Tool and Mold Corporation, Plastics Division, Arden, NC: May 29, 2008.
TAW70,892; Eastern Screw Company, Inc., Allesco Industries, Inc., Johnston, RI: June 1, 2008.
TAW71,021; Martinrea Industries, Inc., Reed City Tool and Die, Reed City, MI: March 7, 2009.
TAW71,072; Stanley Tools, Division of The Stanley Works, Inc., Pittsfield, VT: June 8, 2008.
TAW71,205; ArcelorMittal Georgetown, Georgetown, SC: June 15, 2008.
TAW71,641; Rocky Mountain Poison and Drug Center, Denver Health and Hospital Authority, Denver, CO: July 10, 2008.
TAW71,742; Kilian Manufacturing, Adecco Employment Services, etc, Syracuse, NY: July 17, 2008.
TAW71,743; HWD Acquisition, Inc., Formerly Monarchy Holding, Inc., Medford, WI: July 16, 2008.
TAW71,920; Weyerhaeuser NR, Engineered Wood Products, Albany, OR: August 3, 2008.
TAW72,309; Neapco, LLC, Components Division, Pottstown, PA: September 14, 2008.
TAW65,242; Sierra Pacific Industries, Aberdeen, WA: February 2, 2008.
TAW70,613; Technicolor Business Group, Thomas, Inc., Technicolor Home, Select, Staff Line, Livonia, MI: May 15, 2008.
TAW70,154; Titanx Engine Cooling, Adecco Engineering and Technical and Kelly Services, Jamestown, NY: May 5, 2009.
TAW70,216; Nexergy, Inc., Canon City, CO: May 18, 2008.
TAW70,238; Straits Steel and Wire Company, SSW Holding Company, Inc., Ludington, MI: May 18, 2008.
TAW70,277; Mississippi Polymers, Inc., Corinth, MS: May 19, 2008.
TAW70,383; Veyance Technologies Inc., Kelly Scientific & Independent Contractors, Sun Prairie, WI: May 20, 2008.
TAW70,494; Alliance Castings Company, LLC, Ohio Castings/Leased Worker of Select Pro, Inc., Alliance, OH: May 21, 2008.
TAW70,514; Wisconsin Metal Products, Racine, WI: May 19, 2008.
TAW70,520A; The Boeing Company, Commercial Aircraft Group, Portland,