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

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Federal RegisterApr 26, 2007
72 Fed. Reg. 20872 (Apr. 26, 2007)

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 April 9 through April 13, 2007.

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.

TA-W-61,217; Douglas Quikut, Stamping Department, Walnut Ridge, AR: March 29, 2006

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-61,097; Fleetwood Travel Trailers of Texas, Inc., a Subsidiary of Fleetwood Enterprises, Inc., Longview, TX: March 7, 2006

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-61,120; ConAgra Foods Food Ingredients Co., Food Ingredients Division, King City, CA: March 14, 2006

TA-W-61,128; Aker Kvaerner Willfab, On-Site Leased Workers of Depasquale Staffing, Williamsport, PA: March 15, 2006

TA-W-61,168; Commercial Enameling, Huntington Park, CA: March 21, 2006

TA-W-61,193; Administaff, Working on Site at Guide Louisiana LLC, Monroe, LA: March 23, 2006

TA-W-61,203; Calgon Carbon Corporation, Columbus Plant, Columbus, OH: March 27, 2006

TA-W-61,225; Royal Home Fashions, Plant #6, Distribution Center, Henderson, NC: March 30, 2006

TA-W-61,106; Hoke, Inc, dba Circor Instrumental Technologies, New England Division, Berlin, CT: March 7, 2006

TA-W-60,609; Roseburg Forest Products, Coquille Plywood Division, Coquille, OR: December 13, 2005

TA-W-60,834; Thermoplastics Acquisition, LLC, dba CEP Thermoplastics, LLC, A Subsidiary of CEP Products, Vandalia, OH: December 31, 2005

TA-W-61,099; Wright's Hosiery Mill, Inc., Fort Payne, AL: March 12, 2006

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-61,064; LuMend, Inc., Including On-Site Leased Workers of Kelly Services, Redwood City, CA: March 1, 2006

TA-W-61,093; Collins and Aikman, Plastics Division, Morristown, IN: March 1, 2006

TA-W-61,108; Fleetwood Travel Trailers, Travel Trailer Division, Williamsport, MD: March 13, 2006

TA-W-61,118; Progressive Service Die Co., New Kingstown Division, New Kingstown, PA: April 15, 2007

TA-W-61,131; Excel Technical Services, Including On-Site Managerial Staff of Delphi Corp., Fishers, IN: March 15, 2006

TA-W-61,137; AAR Manufacturing, AAR Cargo Systems Division, Livonia, MI: March 14, 2006

TA-W-61,138; Associated Spring, a Subsidiary of Barnes Group, Inc., Saline, MI: March 14, 2006

TA-W-61,141; New ADS Marlin Corporation, Long Island City, NY: March 15, 2006

TA-W-61,159; Sony Technology Center, Sxrd Rear Projection Television Division, Including Leased Workers of Staffmark, Mt. Pleasant, PA: March 20, 2006

TA-W-61,174; Indiana Tube Corporation, A Handy and Harman Co., Evansville, IN: March 2, 2006

TA-W-61,229; Aurra Industries, Subsidiary of Unit Parts Co., a Remy Inc. Co., Edmond, OK: March 14, 2006

TA-W-61,262; Linium Staffing LLC, dba Lauren Staffing Services, On-Site at ICU Medical, Inc., Vernon, CT: April 5, 2006

TA-W-61,059; CPC Local Cartage, LLC, Workers Employed at Ford Motor Company St. Louis Assembly Plant, Hazelwood, MO: March 1, 2006

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-61,095; Freightliner LLC, Parts Manufacturing Plant (PMP), Gastonia, NC: March 7, 2006

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-61,217; Douglas Quikut, Stamping Department, Walnut Ridge, AR

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-61,097; Fleetwood Travel Trailers of Texas, Inc., A Subsidiary of Fleetwood Enterprises, Inc., Longview, TX

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.

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.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met.

TA-W-61,248; Bearing Point, Creative Services, New York, NY

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-61,232; Wheatland Tube Co., Wheatland, PA

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-60,956; Becky's of Asheboro, Inc., Asheboro, NC

TA-W-61,081; SE Wood Products, Inc., Colville, WA

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 under a free trade agreement or a beneficiary country under a preferential trade agreement, or there has been or is likely to be an increase in imports).

None.

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

TA-W-61,237; Oneida Ltd., Distribution Facility, Sherrill, NY.

TA-W-61,237A; Oneida Ltd., Sales Office, Oneida, NY

TA-W-61,265; O'Bryan Brothers, Inc., Leon, IA

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 period of April 9 through April 13, 2007. 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 April 19, 2007.

Ralph DiBattista,

Director, Division of Trade Adjustment Assistance.

[FR Doc. E7-7964 Filed 4-25-07; 8:45 am]

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