[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Notices]
[Pages 59168-59170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24477]
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DEPARTMENT OF LABOR
Employment and Training Administration
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
September 6, 2011 through September 9, 2011.
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:
[[Page 59169]]
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 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 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.
TA-W-80,322; Motorola Solutions, Inc. (MSI), Arlington Heights, IL:
July 22, 2010.
TA-W-80,326; OMCO Mould, Inc., Winchester, IN: July 19, 2010.
TA-W-80,340; Bush Industries, Inc., Jamestown, NY: August 7, 2011.
TA-W-80,340A; Bush Industries, Inc., Jamestown, NY: August 7, 2011.
TA-W-80,363; Hutchinson Technology, Inc., Hutchinson, MN: September 19,
2011.
The following certifications have been issued. The requirements of
Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii)
of the Trade Act have been met.
TA-W-80,369; St. Louis Post-Dispatch, LLC, St. Louis, MO: October 25,
2010.
TA-W-80,381; Zimmer Holdings, Statesville, NC: August 16, 2010.
Negative Determinations for Worker Adjustment Assistance and
Alternative Trade 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.
Because the workers of the firm are not eligible to apply for TAA,
the workers cannot be certified eligible for ATAA.
The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or
production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in
production to a foreign country) have not been met.
TA-W-80,390; Hancock and Moore, Inc., Hickory, NC.
The investigation revealed that criteria (a)(2)(A)(I.C.) (increased
imports) and (a)(2)(B)(II.B.) (shift in production to a foreign
country) have not been met.
TA-W-80,288; Croscill Acquisition, LLC, Oxford, NC.
The workers' firm does not produce an article as required for
certification under Section 222 of the Trade Act of 1974.
TA-W-80,385; UBP Asset Management LLC (UMPAM), New York City, NY.
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-80,330; Baker Hughes Oilfield Operation, Inc., Houston, TX.
I hereby certify that the aforementioned determinations were
issued during the period of September 6, 2011 through September 9,
2011. Copies of these determinations may be requested under the
Freedom of Information Act. Requests may be submitted by fax,
courier services, or mail to FOIA Disclosure Officer, Office of
Trade Adjustment Assistance (ETA), U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210 or
tofoiarequest@dol.gov. These determinations also are available on
the Department's Web site at http://www.doleta.gov/tradeact under
the searchable listing of determinations.
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Dated: September 16, 2011.
Del Min Amy Chen,
Certifying Officer, Office, Trade Adjustment Assistance.
[FR Doc. 2011-24477 Filed 9-22-11; 8:45 am]
BILLING CODE 4510-FN-P