80 FR 8691 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range		8691-8692
FR Document		2015-03271
Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015)
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8691-8692]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03271]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


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 January 
5, 2015 through January 16, 2015.
    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 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.

[[Page 8692]]

    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.
    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.

85,666, Philips Electronics, Fall River, Massachusetts. November 21, 
2013.
85,682, Behr process Corporation, Chesterfield, Missouri. December 1, 
2013.
85,686, SCHOTT North America, Inc., Duryea, Pennsylvania. December 3, 
2013.
85,704, Performance Fibers, Inc., New Hill, North Carolina, December 8, 
2013.
85,712, Turbomeca Manufacturing, LLC, Monroe, North Carolina. December 
10, 2013.
85,729, General Cable Corporation, Altoona, Pennsylvania. December 16, 
2013.
85,730, Johnston Textiles, Inc., Phoenix City, Alabama. December 16, 
2013.

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.
    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.

85,706, Quality Auto Electric, Inc., Knoxville, Tennessee.

    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.

85,615, Trane U.S. Inc., Tyler, Texas.

    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.

85,661, AMFIRE Mining Company, LLC, Portage, Pennsylvania.
85,661A, Maxxim Shared Services LLC, Latrobe, Pennsylvania.
85,661B, AMFIRE Mining Company, LLC, Clymer, Pennsylvania.
85,661C, AMFIRE Mining Company, LLC, Frenchville, Pennsylvania.
85,661D, AMFIRE Mining Company, LLC, Rockwood, Pennsylvania.
85,661E, AMFIRE Mining Company, LLC, Indiana, Pennsylvania.
85,661F, AMFIRE Mining Company, LLC, Hamilton, Pennsylvania.
85,661G, AMFIRE Mining Company, LLC, Mineral Point, Pennsylvania.
85,661H, AMFIRE Mining Company, LLC, Penn Run, Pennsylvania.
85,661I, AMFIRE Mining Company, LLC, Indiana, Pennsylvania.
85,661J, AMFIRE Mining Company, LLC, Homer City, Pennsylvania.
85,661K, AMFIRE Mining Company, LLC, Mineral Point, Pennsylvania.
85,661L, AMFIRE Mining Company, LLC, Philipsburg, Pennsylvania.
85,661M, AMFIRE Mining Company, LLC, Clearfield, Pennsylvania.
85,693, Green Creek Wood Products LLC, Port Angeles, Washington.

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

85,632, Intuit, Inc., Mountain View, California.
85,674, Levi Strauss & Co. Eugene, Oregon.
85,676, Syncreon US, Trotwood, Ohio.

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.
85,727, Tokyo Electron America, Inc., Rio Rancho, New Mexico.
85,746, Pilkington North America, Inc., Lathrop, California.

    I hereby certify that the aforementioned determinations were 
issued during the period of January 5, 2015 through January 16, 
2015. These determinations are available on the Department's Web 
site www.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 23rd day of January 2015.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2015-03271 Filed 2-17-15; 8:45 am]
BILLING CODE 4510-FN-P
Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8691

DEPARTMENT OF LABOR of Labor’s prior decision. The directly competitive with articles which
application is, therefore, granted. are produced by such firm or
Employment and Training Signed at Washington, DC, this 15th day of subdivision; and
Administration January, 2015. C. one of the following must be
[TA–W–85,497] Michael W. Jaffe, satisfied:
Certifying Officer, Office of Trade Adjustment 1. The country to which the workers’
Invista S.A.R.L.; Apparel Division; A Assistance. firm has shifted production of the
Wholly-Owned Subsidiary of Koch [FR Doc. 2015–03269 Filed 2–17–15; 8:45 am] articles is a party to a free trade
Industries, Inc.; Waynesboro, Virginia; BILLING CODE 4510–FN–P
agreement with the United States;
Notice of Affirmative Determination 2. the country to which the workers’
Regarding Application for firm has shifted production of the
Reconsideration DEPARTMENT OF LABOR articles to a beneficiary country under
By application dated December 14, the Andean Trade Preference Act,
Employment and Training African Growth and Opportunity Act, or
2014, United Workers, Inc., Administration
International Brotherhood of Dupont the Caribbean Basin Economic Recovery
Workers, Local 381, requested Act; or
Notice of Determinations Regarding
administrative reconsideration of the 3. there has been or is likely to be an
Eligibility To Apply for Worker
negative determination regarding increase in imports of articles that are
Adjustment Assistance and Alternative
workers’ eligibility to apply for worker like or directly competitive with articles
Trade Adjustment Assistance
adjustment assistance applicable to which are or were produced by such
workers and former workers of INVISTA In accordance with Section 223 of the firm or subdivision.
S.a.r.l., a wholly-owned subsidiary of Trade Act of 1974, as amended (19 Also, in order for an affirmative
Koch Industries, Inc., Waynesboro, U.S.C. 2273) the Department of Labor determination to be made for
Virginia. The determination was issued herein presents summaries of secondarily affected workers of a firm
on November 14, 2014 and the Notice of determinations regarding eligibility to and a certification issued regarding
Determination was published in the apply for trade adjustment assistance for eligibility to apply for worker
Federal Register on December 10, 2014 workers (TA–W) number and alternative adjustment assistance, each of the group
(79 FR 73339). trade adjustment assistance (ATAA) by eligibility requirements of Section
Pursuant to 29 CFR 90.18(c) (TA–W) number issued during the 222(b) of the Act must be met.
reconsideration may be granted under period of January 5, 2015 through (1) Significant number or proportion
the following circumstances: January 16, 2015. of the workers in the workers’ firm or
(1) If it appears on the basis of facts In order for an affirmative an appropriate subdivision of the firm
not previously considered that the determination to be made for workers of have become totally or partially
determination complained of was a primary firm and a certification issued separated, or are threatened to become
erroneous; regarding eligibility to apply for worker totally or partially separated;
(2) If it appears that the determination adjustment assistance, each of the group (2) the workers’ firm (or subdivision)
complained of was based on a mistake eligibility requirements of Section is a supplier or downstream producer to
in the determination of facts not 222(a) of the Act must be met. a firm (or subdivision) that employed a
previously considered; or I. Section (a)(2)(A) all of the following group of workers who received a
(3) If in the opinion of the Certifying must be satisfied: certification of eligibility to apply for
Officer, a misinterpretation of facts or of A. A significant number or proportion trade adjustment assistance benefits and
the law justified reconsideration of the of the workers in such workers’ firm, or such supply or production is related to
decision. an appropriate subdivision of the firm, the article that was the basis for such
The initial investigation resulted in a have become totally or partially certification; and
negative determination based on the separated, or are threatened to become (3) either—
findings that worker separations were totally or partially separated;
B. the sales or production, or both, of (A) the workers’ firm is a supplier and
unrelated to a shift in production to a
such firm or subdivision have decreased the component parts it supplied for the
foreign country or to imports by the
absolutely; and firm (or subdivision) described in
subject firm or its customers.
C. increased imports of articles like or paragraph (2) accounted for at least 20
The request for reconsideration
directly competitive with articles percent of the production or sales of the
asserts that the workers at the subject
produced by such firm or subdivision workers’ firm; or
firm have been impacted by a
continuous transfer of production to have contributed importantly to such (B) a loss or business by the workers’
foreign countries. workers’ separation or threat of firm with the firm (or subdivision)
The Department of Labor has carefully separation and to the decline in sales or described in paragraph (2) contributed
reviewed the request for reconsideration production of such firm or subdivision; importantly to the workers’ separation
and the existing record, and has or or threat of separation.
determined that the Department will II. Section (a)(2)(B) both of the In order for the Division of Trade
conduct further investigation to following must be satisfied: Adjustment Assistance to issue a
determine if the workers meet the A. A significant number or proportion certification of eligibility to apply for
emcdonald on DSK67QTVN1PROD with NOTICES

eligibility requirements of the Trade Act of the workers in such workers’ firm, or Alternative Trade Adjustment
of 1974. an appropriate subdivision of the firm, Assistance (ATAA) for older workers,
have become totally or partially the group eligibility requirements of
Conclusion separated, or are threatened to become Section 246(a)(3)(A)(ii) of the Trade Act
After careful review of the totally or partially separated; must be met.
application, I conclude that the claim is B. there has been a shift in production 1. Whether a significant number of
of sufficient weight to justify by such workers’ firm or subdivision to workers in the workers’ firm are 50
reconsideration of the U.S. Department a foreign country of articles like or years of age or older.

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8692 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices

2. Whether the workers in the workers cannot be certified eligible for The following determinations
workers’ firm possess skills that are not ATAA. terminating investigations were issued
easily transferable. The investigation revealed that because the petitioning groups of
3. The competitive conditions within criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) workers are covered by active
the workers’ industry (i.e., conditions (employment decline) have not been certifications. Consequently, further
within the industry are adverse). met. investigation in these cases would serve
85,706, Quality Auto Electric, Inc., no purpose since the petitioning group
Affirmative Determinations for Worker
Knoxville, Tennessee. of workers cannot be covered by more
Adjustment Assistance
The investigation revealed that than one certification at a time.
The following certifications have been criteria (a)(2)(A)(I.B.) (Sales or 85,727, Tokyo Electron America, Inc.,
issued. The date following the company production, or both, did not decline) Rio Rancho, New Mexico.
name and location of each and (a)(2)(B)(II.B.) (shift in production 85,746, Pilkington North America, Inc.,
determination references the impact to a foreign country) have not been met. Lathrop, California.
date for all workers of such I hereby certify that the aforementioned
determination. 85,615, Trane U.S. Inc., Tyler, Texas. determinations were issued during the period
None. The investigation revealed that of January 5, 2015 through January 16, 2015.
criteria (a)(2)(A)(I.C.) (increased These determinations are available on the
Affirmative Determinations for Worker imports) and (a)(2)(B)(II.B.) (shift in Department’s Web site www.tradeact/taa/
Adjustment Assistance and Alternative production to a foreign country) have taa_search_form.cfm under the searchable
Trade Adjustment Assistance not been met. listing of determinations or by calling the
Office of Trade Adjustment Assistance toll
The following certifications have been 85,661, AMFIRE Mining Company, LLC, free at 888–365–6822.
issued. The date following the company Portage, Pennsylvania.
name and location of each 85,661A, Maxxim Shared Services LLC, Signed at Washington, DC, this 23rd day of
January 2015.
determination references the impact Latrobe, Pennsylvania.
date for all workers of such 85,661B, AMFIRE Mining Company, Michael W. Jaffe,
determination. LLC, Clymer, Pennsylvania. Certifying Officer, Office of Trade Adjustment
The following certifications have been 85,661C, AMFIRE Mining Company, Assistance.
issued. The requirements of Section LLC, Frenchville, Pennsylvania. [FR Doc. 2015–03271 Filed 2–17–15; 8:45 am]
222(a)(2)(A) (increased imports) and 85,661D, AMFIRE Mining Company, BILLING CODE 4510–FN–P
Section 246(a)(3)(A)(ii) of the Trade Act LLC, Rockwood, Pennsylvania.
have been met. 85,661E, AMFIRE Mining Company,
85,666, Philips Electronics, Fall River, LLC, Indiana, Pennsylvania. DEPARTMENT OF LABOR
Massachusetts. November 21, 2013. 85,661F, AMFIRE Mining Company,
LLC, Hamilton, Pennsylvania. Employment and Training
85,682, Behr process Corporation, Administration
Chesterfield, Missouri. December 1, 85,661G, AMFIRE Mining Company,
2013. LLC, Mineral Point, Pennsylvania.
85,661H, AMFIRE Mining Company, Investigations Regarding Eligibility To
85,686, SCHOTT North America, Inc., Apply for Worker Adjustment
Duryea, Pennsylvania. December 3, LLC, Penn Run, Pennsylvania.
85,661I, AMFIRE Mining Company, Assistance
2013.
85,704, Performance Fibers, Inc., New LLC, Indiana, Pennsylvania. Petitions have been filed with the
Hill, North Carolina, December 8, 85,661J, AMFIRE Mining Company, Secretary of Labor under Section 221(a)
2013. LLC, Homer City, Pennsylvania. of the Trade Act of 1974 (‘‘the Act’’) and
85,712, Turbomeca Manufacturing, LLC, 85,661K, AMFIRE Mining Company, are identified in the Appendix to this
Monroe, North Carolina. December LLC, Mineral Point, Pennsylvania. notice. Upon receipt of these petitions,
10, 2013. 85,661L, AMFIRE Mining Company, the Director of the Office of Trade
85,729, General Cable Corporation, LLC, Philipsburg, Pennsylvania. Adjustment Assistance, Employment
Altoona, Pennsylvania. December 85,661M, AMFIRE Mining Company, and Training Administration, has
16, 2013. LLC, Clearfield, Pennsylvania. instituted investigations pursuant to
85,730, Johnston Textiles, Inc., Phoenix 85,693, Green Creek Wood Products Section 221(a) of the Act.
City, Alabama. December 16, 2013. LLC, Port Angeles, Washington. The purpose of each of the
The workers’ firm does not produce investigations is to determine whether
Negative Determinations for Alternative an article as required for certification the workers are eligible to apply for
Trade Adjustment Assistance under Section 222 of the Trade Act of adjustment assistance under Title II,
In the following cases, it has been 1974. Chapter 2, of the Act. The investigations
determined that the requirements of 85,632, Intuit, Inc., Mountain View, will further relate, as appropriate, to the
246(a)(3)(A)(ii) have not been met for California. determination of the date on which total
the reasons specified. 85,674, Levi Strauss & Co. Eugene, or partial separations began or
None. Oregon. threatened to begin and the subdivision
85,676, Syncreon US, Trotwood, Ohio. of the firm involved.
Negative Determinations for Worker The petitioners or any other persons
Adjustment Assistance and Alternative Determinations Terminating showing a substantial interest in the
Trade Adjustment Assistance Investigations of Petitions for Worker
emcdonald on DSK67QTVN1PROD with NOTICES

subject matter of the investigations may
In the following cases, the Adjustment Assistance request a public hearing, provided such
investigation revealed that the eligibility After notice of the petitions was request is filed in writing with the
criteria for worker adjustment assistance published in the Federal Register and Director, Office of Trade Adjustment
have not been met for the reasons on the Department’s Web site, as Assistance, at the address shown below,
specified. required by Section 221 of the Act (19 not later than March 2, 2015.
Because the workers of the firm are U.S.C. 2271), the Department initiated Interested persons are invited to
not eligible to apply for TAA, the investigations of these petitions. submit written comments regarding the

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Document Created: 2018-02-16 11:10:12
Document Modified: 2018-02-16 11:10:12
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 8691
80 FR 8691 - Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance

DEPARTMENT OF LABOREmployment and Training Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

DEPARTMENT OF LABOR
Employment and Training Administration
