Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance

Citation: "78 FR 77498"

Page Number: "77498"

"Notices"

   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 December 2, 2013 through December 6, 2013.

   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 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)(A) (increased imports) of the Trade Act have been met.

  TA-W No.  Subject firm                      Location     Impact date  82,963    Bausch & Lomb Incorporated, North Rochester,   August 7, 2012.           Goodman Street Facility, Valeant  NY           Pharmaceuticals, Kelly Services 82,963A   Bausch & Lomb Incorporated,       Rochester,   August 7, 2012.           Bausch & Lomb Place Facility,     NY           Valeant Pharmaceuticals, Kelly           Services 83,213    Norandal USA, Inc., Noranda       Salisbury,   November 8,           Aluminum, Inc., Select Staffing   NC           2012.  

   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.

  TA-W No.           Subject firm       Location           Impact date  82,831             IBM Corporation,   Poughkeepsie, NY   June 20, 2012.                    Integrated Supply                    Chain Engineering,                    Experis, Manpower,                    Celestica and                    Jabil 82,839             IBM Corporation,   Williston, VT      June 21, 2012.                    Silicon Solutions                    Engineering and                    Electronic Design                    Automation, ASIC,                    etc 82,925             IBM Corporation,   Austin, TX         July 22, 2012.                    IBM Internal                    Accounts Team 82,956             Micron Technology, Boise, ID          August 1, 2012.                    Inc 82,956A            Micron Technology, Fremont, CA        August 1, 2012.                    Inc 82,956B            Micron Technology, San Jose, CA       August 1, 2012.                    Inc 82,956C            Micron Technology, Folsom, CA         August 1, 2012.                    Inc 82,956D            Micron Technology, Longmont, CO       August 1, 2012.                    Inc 82,956E            Micron             Meridian, ID       August 1, 2012.                    Semiconductor                    Products 82,956F            Micron Technology, Nampa, ID          August 1, 2012.                    Inc 82,956G            Micron Technology, Boise, ID          August 1, 2012.                    Inc 82,956H            Micron Technology, Minneapolis, MN    August 1, 2012.                    Inc 82,956I            Micron Technology  Allen, TX          August 1, 2012.                    Texas, LLC 82,956J            Micron             Round Rock, TX     August 1, 2012.                    Semiconductor                    Products, Inc 82,956K            Micron Technology, Manassas, VA       August 1, 2012.                    Inc 82,956L            Micron Technology  Aguadilla, PR      August 1, 2012.                    Puerto Rico, Inc 83,132             Citibank, N.A.,    New York, NY       October 11, 2012.                    Enterprise                    Operations &                    Technology, Citi                    Procurement,                    Randstad, etc 83,132A            Citibank, N.A.,    Tampa, FL          October 11, 2012.                    Enterprise                    Operations &                    Technology, Citi                    Procurement,                    Randstad, etc 83,160             AMP--A Fletcher    Pontotoc, MS       October 21, 2012.                    Company, The                    Fletcher-Terry                    Company, LLC,                    Express Personnel                    Services 83,171             Cigna Health and   St. Louis, MO      October 24, 2012.                    Life Insurance                    Company, Provider                    Data Management                    Team, Robert Half                    and Office                    Overload, etc 83,172             Decanter           Roebuck, SC        October 24, 2012.                    Diversified                    Machine, Inc.,                    Decanter Machine,                    Inc., Labor Ready                    Mid-Atlantic, etc 83,215             Dow Jones &        Chicopee, MA       November 8, 2012.                    Company, Inc.,                    News Corporation,                    Customer                    Service/Call                    Center Support,                    Aerotek, etc 83,215A            Dow Jones &        New York, NY       November 8, 2012.                    Company, Inc.,                    News Corporation,                    Customer                    Service/Call                    Center Support,                    Aerotek, etc 83,215B            Dow Jones &        Princeton, NJ      November 8, 2012.                    Company, Inc.,                    News Corporation,                    Customer                    Service/Call                    Center Support,                    Aerotek, etc 83,228             Covidien LP,       Argyle, NY         December 3, 2013.                    Medical Devices                    Division, Kelly                    Services 83,229             Amphenol           Sidney, NY         December 16, 2013.                    Corporation,                    Aerospace and                    Industrial                    Division,                    Staffworks,                    Adecco, etc  

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.

  TA-W No.  Subject firm                      Location     Impact date  83,105    Contact Industries, Inc., Clear   Prineville,           Pine Mouldings, Inc., Mid Oregon  OR.           Personnel and Select, etc 83,159    Native Accents LLC                Big Sky, MT.  

   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.

  TA-W number        Subject firm       Location           Impact date  82,831A            IBM Corporation,   Hopewell Junction,                    Systems Technology NY.                    Group, Packaging                    Development,                    Product                    Engineering 82,831B            IBM Corporation,   Poughkeepsie, NY.                    Enterprise Systems                    Tech Support,                    Systems                    Technology,                    Computer Task                    Group 83,057             Alpha Wire, Belden Leominster, MA.                    Division, Belden,                    Inc., Mirco Tech                    Staffing, Infinity                    Staffing, etc 83,122             YP Texas Region    Olivette, MO.                    Yellow Pages LLC,                    Olivette Telephone                    Sales Division, YP                    Subsidiary                    Holdings LLC, etc  

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 petitioner has requested that the petition be withdrawn.

  TA-W No.  Subject firm                      Location     Impact date  83,212    HSBC Card Services, Inc.,         Tulsa, OK.           Bilingual Customer Services           Department  

   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 No.  Subject firm                      Location     Impact date  83,062    Micron Technology, Inc            Manassas,                                             VA. 83,089    Micron Technology, Inc            Boise, ID. 83,089A   Micron Technology, Inc            Fremont, CA. 83,089B   Micron Technology, Inc            San Jose,                                             CA. 83,089C   Micron Technology, Inc            Folsom, CA. 83,089D   Micron Technology, Inc            Longmont,                                             CO. 83,089E   Micron Semiconductor Products     Meridian,                                             ID. 83,089F   Micron Technology, Inc            Nampa, ID. 83,089G   Micron Technology, Inc            Boise, ID. 83,089H   Micron Technology, Inc            Minneapolis,                                             MN. 83,089I   Micron Technology Texas, LLC      Allen, TX. 83,089J   Micron Semiconductor Products,    Round Rock,           Inc                               TX. 83,089K   Micron Technology, Inc            Manassas,                                             VA. 83,089L   Micron Technology Puerto Rico,    Aguadilla,           Inc                               PR.  

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

  TA-W No.  Subject firm                     Location     Impact date  83,251    AT&T                             Dallas, TX.  

   I hereby certify that the aforementioned determinations were issued during the period of December 2, 2013 through December 6, 2013. These determinations are available on the Department's Web site tradeact/taa/taa_search_form.cfm under the searchable listing of determinations or by calling the Office of Trade Adjustment Assistance toll free at 888-365-6822.

   Signed at Washington, DC, this 13th day of December 2013.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2013-30353 Filed 12-20-13; 8:45 am]

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