Skip to content
LexBuild

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

---
identifier: "/us/fr/E9-5037"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance"
title_number: 0
title_name: "Federal Register"
section_number: "E9-5037"
section_name: "Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance"
positive_law: false
currency: "2009-03-10"
last_updated: "2009-03-10"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Labor Department"
document_number: "E9-5037"
document_type: "notice"
publication_date: "2009-03-10"
agencies:
  - "Labor Department"
  - "Employment and Training Administration"
fr_citation: "74 FR 10301"
fr_volume: 74
---

#  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 *February 17 through February 20, 2009* .

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 of 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**

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-64,952; Heritage Footwear, Inc., Fort Payne, AL: January 14, 2008*

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-64,802; HR Solutions, LLC, Subsidiary of Affiliated Computer Services, Pittsburgh, PA: December 22, 2007*

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-64,528; Fujifilm Manufacturing U.S.A., Inc., Greenwood, SC:* November 24, 2007

*TA-W-64,876; Bridgestone Americas Tire Operations, LLC, Bato Division, LaVergne, TN: January 12, 2008*

*TA-W-64,905; Kelsey-Hayes Company, North American Braking and Suspension Division, Leased Workers from Sizemore, Warrenton, GA: January 14, 2008*

*TA-W-65,147A; Bradington-Young, LLC, Hickory Plant, On-Site Leased Workers of Manpower, Hickory, NC: February 5, 2008*

*TA-W-65,147B; Bradington-Young, LLC, Cover Plant, Cherryville, NC: February 5, 2008*

*TA-W-65,147C; Bradington-Young, LLC, Frames Plant, Cherryville, NC: February 5, 2008*

*TA-W-65,147; Bradington-Young, LLC, Cherryville Plant, On-Site Leased Workers of PSU Personal Services, Woodleaf, NC: February 5, 2008*

*TA-W-65,175; Molded Dimensions, Inc., Port Washington, WI: February 6, 2008*

*TA-W-65,101; Kelsey Hayes Company, North American Braking and Suspension Division, Fowlerville, MI: September 12, 2008*

*TA-W-64,408; Theis Precision Steel Corporation, A Subsidiary of Friedrich Gustav Their Kaltwalzwerke, Bristol, CT: November 10, 2007*

*TA-W-64,737A; Stillwater Mining Company, Stillwater Mine, Nye, MT: December 4, 2007*

*TA-W-64,737B; Stillwater Mining Company, Stillwater Metallurgical Complex, Columbus Administration and Warehouse, Columbus, MT: December 4, 2007*

*TA-W-64,737C; Stillwater Mining Company, East Boulder Mine, McLeod, MT: December 4, 2007*

*TA-W-64,737; Stillwater Mining Company, Corporation Office, Billings, MT: December 4, 2007*

*TA-W-64,815; Pittsburgh Corning Corporation, Subsidiary of PPG, Inc. and Corning, Inc., Port Allegany, PA: January 5, 2008*

*TA-W-64,875; Rosboro Lumber Company, Lumber Division, Springfield, OR: November 16, 2008*

*TA-W-64,983; Plum Creek Northwest Lumber, Inc., Pablo Sawmill, Leased Workers of LC Staffing, Pablo, MT: January 22, 2008*

*TA-W-65,086; Penn Racquet Sports, Inc., A Subsidiary of HTM USA Holdings, Phoenix, AZ: February 2, 2008*

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-64,944; Invista S.A.R.L., Leased Worekrs of Mundy Maintenance, Service and Operations, Waynesboro, VA: January 20, 2008*

*TA-W-64,967; ARRK Product Development Group, San Diego, CA: January 14, 2008*

*TA-W-64,985; JCIM, US-LLC, Formerly known as Plastech Engineered Products, Wauseon, OH: January 22, 2008*

*TA-W-64,988; Source Northwest, Inc., dba Source Window Coverings, Woodinville, WA: January 22, 2008*

*TA-W-65,039; Elcoteq, Inc., Richardson Division, Richardson, TX: January 29, 2008*

*TA-W-65,076; Pentair Water, Water Systems Division, A Subsidiary of Pentair, Delavan, WI: January 15, 2008*

*TA-W-65,163; International Textile Group, Burlington Worldwide, Cordova, NC: January 6, 2009*

*TA-W-65,172; Summit Polymers, Inc., Valley Plant, Portage, MI: January 23, 2008*

*TA-W-64,424; Schawk, Inc., Stamford Division Stamford, CT: November 12, 2007*

*TA-W-64,956; Citigroup Global Markets, Presentation Technologies Group New York, NY: January 20, 2008*

*TA-W-65,041; Alcatel-Lucent, Inc., Multicore Product Division, SSG Group Plano, TX: January 26, 2008*

*TA-W-65,051; Tyco Electronics, Carlisle, PA: January 29, 2008*

*TA-W-65,143; Goulds Pumps/ITT Industries, Ashland, PA: January 21, 2008*

*TA-W-65,186; Elkay Manufacturing Company, Elkay Distribution Company, Bolingbrook, IL: February 6, 2008*

*TA-W-65,198; Touch Sensor Technologies, LLC, Subsidiary of Methode Electronics, Leased Workers From Kay and Associates, Wheaton, IL: February 6, 2008*

*TA-W-65,200; DimcoGray Corporation, Molding Department Centerville, OH: February 6, 2008*

*TA-W-65,220; Allied Motion Motor Equipment, Owosso, MI: February 9, 2008*

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-64,974; Fredon Development Industries, LLC, Newton, NJ: January 23, 2008*

*TA-W-64,421; Pacific Automotive Components and Systems International, ImLay City, MI: November 12, 2007*

*TA-W-64,870; Molded Fiber Glass Co., Stevenson, WA: January 12, 2008*

*TA-W-64,902; Shin Etsu Handoti America, Inc., Leased Workers of Volt and Kelly Temporary, Vancouver, WA: January 14, 2008*

*TA-W-64,960; Pax Machine Works, Inc., Celina, OH: January 21, 2008*

*TA-W-65,102; Kelsey Hayes Company, North American Braking and Suspension Division Fenton, MI: February 3, 2008*

*TA-W-65,178; Louis Lavitt Company, Inc., Hickory, NC: February 6, 2008*

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. The firm does not have a significant number of workers 50 years of age or older.

*TA-W-64,952; Heritage Footwear, Inc., Fort Payne, AL*

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-64,802; HR Solutions, LLC, Subsidiary of Affiliated Computer Services, Pittsburgh, PA*

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-64,420; Nordyne, Inc., On-Site Leased Workers From Lifestyle Staffing Poplar Bluff, MO.*

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.

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-64,186; American Polymers, Inc., Oxford, MA.*

*TA-W-64,793; Lukas Confections, Inc., dba The Classic Caramel Co., York, PA. *

*TA-W-64,846; Tracker Marine Group, LLC, Bolivar, MO.*

*TA-W-64,875A; Rosboro Lumber Company, Plywood Division Springfield, OR.*

*TA-W-64,875B; Rosboro Lumber Company, Glulam Beams Division Springfield, OR.*

*TA-W-65,252; Hutchinson Technology, Inc., Plymouth, MN.*

*TA-W-65,160; Hutchinson Technology, Inc., Hutchinson, MN.*

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

*TA-W-64,912; Road and Rail Services, Venice, IL.*

*TA-W-65,013; Axcelis Technologies, Global Customer Operations, Portland, OR.*

*TA-W-65,021; EcoLab, Inc., Accounts Receivable Division, Research and Development Division, Eagan, MN.*

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.

*TA-W-64,570; ZF Lemforder, LLC, Chicago, IL.*

I hereby certify that the aforementioned determinations were issued during the period of *February 17 through February 20, 2009.* Copies of these determinations are available for inspection in Room N-5428, 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.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

Dated: March 3, 2009.