Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

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Federal RegisterSep 13, 2006
71 Fed. Reg. 54094 (Sep. 13, 2006)

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 August 21 through August 25, 2006.

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:

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 issued 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.

The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met.

None.

The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met.

TA-W-59,703; Demers Leather Sales, Lewiston, ME: July 11, 2005.

TA-W-59,891; Ner Data Products, Inc., Denver, CO: August 11, 2005.

TA-W-59,648; Adecco Staffing, Working On-Site at Sheaffer Mfg., Ft. Madison, IA: June 27, 2005.

The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met.

None.

The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met.

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.

TA-W-59,753; Noveon Corporation, Division of Lubrizol, Linden, NJ: July 19, 2005.

TA-W-59,767; Cooper Standard Automotive, NVH Division, El Dorado, AR: August 24, 2006.

TA-W-59,795; Handy and Harman Tube Company, Norristown, PA: July 26, 2005.

TA-W-59,805; Stone Transport, Working On-Site at General Motors, Lansing Metal Center, Lansing, MI: July 19, 2005.

TA-W-59,806; Securitas Security Services USA, Automotive Division Services, Lansing, MI: July 19, 2005.

TA-W-59,808; Quaker Chemical Corp., Working On-Site at General Motors, Lansing Metal Center, Lansing, MI: July 19, 2005.

TA-W-59,809; HSS, LLC, Working On-Site At General Motors, Lansing Metal Center, Lansing, MI: July 19, 2005.

TA-W-59,811; Comprehensive Logistics, Working On-Site At General Motors Lansing Metal Center, Lansing, MI: July 19, 2005.

TA-W-59,814; Aerotek, A Subsidiary of Allegis Group, Lansing, MI: July 19, 2005.

TA-W-59,834; Hamrick's, Inc., Plant 8, Asheboro, NC: August 1, 2005.

TA-W-59,895; Affinia Brake Parts, Inc., Formerly Known as Dana Brake Parts, Division of Affinia, Inc., Litchfield, IL: August 11, 2005.

TA-W-59,905; Shelby Group Manufacturing, Inc., Shelby Specialty Glove Div., Glenwood, AR: August 14, 2005.

TA-W-59,568; East Palestine China Co., East Palestine, OH: June 13, 2005.

TA-W-59,666; Berkline Benchcraft, LLC, Baldwyn Facility Plant 7, Baldwyn, MS: July 3, 2005.

TA-W-59,715; Salisbury Manufacturing Corp., Salisbury, NC: June 28, 2005.

TA-W-59,774; Cranston Print Works Co., Webster, MA: July 20, 2005.

TA-W-59,802; New Haven Copper Co., Olin Corporation, Seymour, CT: July 26, 2005.

TA-W-59,801; Shirts by Astro, LLC, Doyle, TN: July 21, 2005.

TA-W-59,879; Fashion Avenue Knits, Inc., New York, NY: August 9, 2005.

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-59,658; Sanmina-SCI Corp., Personal Computer Mfg. Division, Plant 1474, Durham, NC: February 11, 2006.

TA-W-59,658A; Sanmina-SCI Corp., Personal Computer Mfg. Division, Plant 1475, Durham, NC: February 11, 2006.

TA-W-59,670; Preformed Line Products, Inc., Rogers, AR: July 5, 2005.

TA-W-59,708; Capital Mercury Apparel, Ltd., Mar Bax Shirt Company, Gassville, AR: August 23, 2006.

TA-W-59,786; United Plastics Group, Inc., Leased Workers of Select Temporary Services, Anaheim, CA: July 13, 2005.

TA-W-59,869; Molson Coors Brewing Company, Memphis Division, Memphis, TN: August 8, 2005.

TA-W-59,890; Markar Architectural Products, Inc., A Subsidiary of Adams Rite Mfg. Co., Lancaster, NY: August 10, 2005.

TA-W-59,694; Telect, Inc., Liberty Lake, WA: August 1, 2006.

TA-W-59,793; Jarvis Pemco, Kalamazoo, MI: July 25, 2005.

TA-W-59,804; Carroll Industries, Inc., Boone, NC: July 27, 2005.

TA-W-59,902; Electronic Data Systems Corp., Leased Workers On-Site at Affinia Brake Parts, McHenry, IL: August 11, 2005.

The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

TA-W-59,873; JC TEC Industries, Inc., Annville, KY: August 7, 2005.

TA-W-59,900; Eaton Corporation, Torque Control Products Division, Marshall, MI: August 14, 2005.

The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met.

None.

Negative Determinations for Alternative Trade Adjustment Assistance

In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified.

The Department has determined that criterion (1) of Section 246 has not been met. Workers at the firm are 50 years of age or older.

TA-W-59,648; Adecco Staffing, Working On-Site at Sheaffer Mfg., Ft. Madison, IA.

The Department has determined that criterion (2) of Section 246 has not been met. Workers at the firm possess skills that are easily transferable.

TA-W-59,703; Demers Leather Sales, Lewiston, ME.

TA-W-59,891; Ner Data Products, Inc., Denver, CO.

The Department has determined that criterion (3) of Section 246 has not been met. Competition conditions within the workers' industry are not adverse.

None.

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.

Since the workers of the firm are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.

The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met.

TA-W-59,725; Agilent Technologies, Little Falls Site, Wilmington, DE.

TA-W-59,807; RSDC of Michigan, LLC, Holt, MI.

TA-W-59,810; EDS, Lansing, MI.

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-59,789; Allied Air Enterprises, A Subsidiary of Lennox International, Bellevue, OH.

TA-W-59,830; Phoenix Salmon U.S. Inc., A Division of Horton's of Maine, Inc., Eastport, ME.

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-59,242; Brown City Casting, dba Yale Industries, Yale, MI.

TA-W-59,527; MAG, Inc., El Paso, TX.

TA-W-59,623; Hexcel Corporation, Composites Division, Livermore, CA.

TA-W-59,702; Automatic Products International, LTD, St. Paul, MN.

TA-W-59,782; Metal Powder Products Co., Ford Road Division, St. Mary's, PA.

TA-W-59,794; Dacco, Inc., A Division of Jordan Industries, Inc., Huntland, TN.

TA-W-59,825; High Country Forest Products, A Division of C and R Milling, Wellington, UT.

TA-W-59,835; Heritage American Homes, Division of Patriot Homes, Sikeston, MO.

TA-W-59,847; Label World, Inc., Rochester, NY.

The investigation revealed that the predominate cause of worker separations is unrelated to criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.C) (shift in production to a foreign country).

TA-W-59,696; Metrobility Optical Systems, Div. of Telco Systems Inc., Merrimack, NH.

TA-W-59,756; Volex, Inc., Power Cord Products Division, Clinton, AR.

TA-W-59,817; Synthron, Inc., Morganton, NC.

The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974.

TA-W-59,667; Acro Service Corporation, Livonia, MI.

TA-W-59,693; Bowne of Cleveland, Inc., Cleveland, OH.

TA-W-59,705; Computer Sciences Corp., Global Transformation Group, Los Angeles, CA.

TA-W-59,705A; Computer Sciences Corp., Global Transformation Group, Simi Valley, CA.

TA-W-59,720; MacDermid, Inc., Waterbury, CT.

TA-W-59,791; General Motors Corp., Service Parts Operation, Beaverton, OR.

TA-W-59,812; Canteen Services, Inc., Working On-Site at General Motors Lansing Metal Center, Belmont, MI.

TA-W-59,813; Bartech Technical Services, LLC, Working On-Site at General Motors Lansing Metal Center, Lansing, MI.

TA-W-59,858; Cardsmart, A Division of Paramount Cards Holding Co., Pawtucket, RI.

TA-W-59,871; Agilent Technologies, Global Infrastructure Organization, Andover, MA.

The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA.

None.

I hereby certify that the aforementioned determinations were issued during the month of August 21 through August 25, 2006. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address.

Dated: September 5, 2006.

Erica R. Cantor,

Director, Division of Trade Adjustment Assistance.

[FR Doc. E6-15081 Filed 9-12-06; 8:45 am]

BILLING CODE 4510-30-P