Federal Register, Volume 77 Issue 201 (Wednesday, October 17, 2012)

[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Pages 63874-63876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25526]

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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
April 30, 2012 through May 4, 2012.
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

[[Page 63875]]

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 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)(B) (shift in production or services) of the Trade Act
have been met.

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TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
81,384.................. MTD Consumer Group, Inc., Valley City, OH........ March 2, 2011.
Industrial Plastics
Division, MTD Products,
Inc., Ameritemps.
81,445.................. Worley Parsons, Worley Pasadena, TX........... March 22, 2011.
Parsons Corporation, Gas
Unlimited and The Mergis
Group, etc.
81,457.................. Shaw's Supermarket, West Bridgewater, MA... January 16, 2012.
Supervalu, Inc., Accounts
Payable Department.
81,466.................. Gates Corporation, Tomkins Charleston, MO......... March 29, 2011.
Ltd., Industrial and
Automotive Group, Manpower.
81,468.................. Acuity Brands Lighting, Cochran, GA............ May 1, 2012.
Inc., Sizemore Staffing
Leased Workers.
81,468A................. Randstad Staffing, Working Cochran, GA............ March 30, 2011.
On-Site at Acuity Brands
Lighting, Inc.
81,478.................. Supermedia, LLC, Supermedia, Middleton, MA.......... March 29, 2011.
Inc., Information
Technology Division.
81,483.................. EMD Millipore Corporation, Gibbstown, NJ.......... April 15, 2012.
EMD Chemicals Division,
Merck KGAA, Greentree,
Ajilen and EMD Temps, etc.
81,483A................. Gloucester County Gibbstown, NJ.......... March 6, 2011.
Maintenance and Securities
Security Services, EMD
Millipore Corp., EMD
Chemicals Division, Merck
KGAA.
81,497.................. Eastman Kodak Company, Color Rochester, NY.......... April 11, 2011.
Paper Testing Lab.
81,517.................. Lane Furniture Industries, Tupelo, MS............. April 4, 2011.
Inc., Technical Support IT
Group, Yash & Prozgroup,
Furniture Brands Int'l.
81,524.................. FT Material Solutions, Inc., Fairview, OR........... April 17, 2011.
Aerotek, UI Wages Were
Reported Through Ferrotec,
etc.
81,540.................. Rock Creek Athletics, Inc., Grinnell, IA........... April 24, 2011.
203 6th Avenue West, Neff
Motivation, Inc.
81,540A................. Rock Creek Athletics, Inc., Grinnell, IA........... April 24, 2011.
727 6th Avenue West, Neff
Motivation, Inc.
----------------------------------------------------------------------------------------------------------------

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.

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 criterion under paragraph
(a)(1), or (b)(1), or (c)(1) (employment decline or threat of
separation) of section 222 has not been met.

[[Page 63876]]

The investigation revealed that the criteria under paragraphs
(a)(2)(A)(i) (decline in sales or production, or both) and (a)(2)(B)
(shift in production or services to a foreign country) of section 222
have not been met.

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.

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.

The following determinations terminating investigations were issued
because the petitions are the subject of ongoing investigations under
petitions filed earlier covering the same petitioners.

I hereby certify that the aforementioned determinations were issued
during the period of April 30, 2012 through May 4, 2012. These
determinations are available on the Department's Web site tradeact/taa/
taa searchform.cfm under the searchable listing of determinations or by
calling the Office of Trade Adjustment Assistance toll free at 888-365-
6822.

Dated: May 11, 2012.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.

Editorial Note: This document was received at the Office of the
Federal Register on Friday, October 12, 2012.
[FR Doc. 2012-25526 Filed 10-16-12; 8:45 am]
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