83 FR 15403 - Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 83, Issue 69 (April 10, 2018)

Page Range		15403-15407
FR Document		2018-07299

Federal Register, Volume 83 Issue 69 (Tuesday, April 10, 2018)

[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Notices]
[Pages 15403-15407]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-07299]

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DEPARTMENT OF LABOR

Employment and Training Administration

Notice of Determinations Regarding Eligibility To Apply for Trade
Adjustment Assistance

In accordance with the Section 223 (19 U.S.C. 2273) of the Trade
Act of 1974 (19 U.S.C. 2271, et seq.) (``Act''), as amended, the
Department of Labor herein presents summaries of determinations
regarding eligibility to apply for trade adjustment assistance under
Chapter 2 of the Act (``TAA'') for workers by (TA-W) number issued
during the period of January 29, 2018 through February 23, 2018. (This
Notice primarily follows the language of the Trade Act. In some places
however, changes such as the inclusion of subheadings, a reorganization
of language, or ``and,'' ``or,'' or other words are added for
clarification.)

Section 222(a)--Workers of a Primary Firm

In order for an affirmative determination to be made for workers of
a primary firm and a certification issued regarding eligibility to
apply for TAA, the group eligibility requirements under Section 222(a)
of the Act (19 U.S.C. 2272(a)) must be met, as follows:
(1) The first criterion (set forth in Section 222(a)(1) of the Act,
19 U.S.C. 2272(a)(1)) is that a significant number or proportion of the
workers in such workers' firm (or ``such firm'') have become totally or
partially separated, or are threatened to become totally or partially
separated;
AND (2(A) or 2(B) below)
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. 2272(a)(2)) may be satisfied by either (A) the Increased
Imports Path, or (B) the Shift in Production or Services to a Foreign
Country Path/Acquisition of Articles or Services from a Foreign Country
Path, as follows:

(A) Increased Imports Path

(i) The sales or production, or both, of such firm, have decreased
absolutely;
AND (ii and iii below)
(ii) (I) Imports of articles or services like or directly
competitive with articles produced or services supplied by such firm
have increased; OR
(II)(aa) 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; OR

[[Page 15404]]

(II)(bb) imports of articles like or directly competitive with
articles which are produced directly using the services supplied by
such firm, have increased; OR
(III) 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;
AND
(iii) The increase in imports described in clause (ii) contributed
importantly to such workers' separation or threat of separation and to
the decline in the sales or production of such firm; OR

(B) Shift in Production or Services to a Foreign Country Path OR
Acquisition of Articles or Services From a Foreign Country Path

(i) (I) There has been a shift by such workers' firm to a foreign
country in the production of articles or the supply of services like or
directly competitive with articles which are produced or services which
are supplied by such firm; OR
(II) such workers' firm has acquired from a foreign country
articles or services that are like or directly competitive with
articles which are produced or services which are supplied by such
firm;
AND
(ii) The shift described in clause (i)(I) or the acquisition of
articles or services described in clause (i)(II) contributed
importantly to such workers' separation or threat of separation.

Section 222(b)--Adversely Affected Secondary Workers

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 TAA, the group eligibility
requirements of Section 222(b) of the Act (19 U.S.C. 2272(b)) must be
met, as follows:
(1) A 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;
AND
(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 (19 U.S.C. 2272(a)), and
such supply or production is related to the article or service that was
the basis for such certification (as defined in subsection 222(c)(3)
and (4) of the Act (19 U.S.C. 2272(c)(3) and (4));
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 determined under paragraph (1).

Section 222(e)--Firms Identified by the International Trade Commission

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 TAA, the group eligibility requirements of Section 222(e) of the
Act (19 U.S.C. 2272(e))must be met, by following criteria (1), (2), and
(3) as follows:
(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) of the Act (19 U.S.C. 2252(b)(1)); OR
(B) an affirmative determination of market disruption or threat
thereof under section 421(b)(1)of the Act (19 U.S.C. 2436(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));
AND
(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) of the Trade Act
(19 U.S.C. 2252(f)(1)) with respect to the affirmative determination
described in paragraph (1)(A) is published in the Federal Register
under section 202(f)(3) (19 U.S.C. 2252(f)(3)); OR
(B) notice of an affirmative determination described in
subparagraph (B) or (C) of paragraph (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) of the Act (19 U.S.C. 2273(b)),
the 1-year period preceding the 1-year period described in paragraph
(2).

Affirmative Determinations for 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 Path) of the Trade Act have
been met.

[[Page 15405]]

93,419............... Dole Berry Company, Dole Fresh Watsonville, CA..... January 10, 2017.
Vegetables, Future Harvesters and
Packers, etc.
----------------------------------------------------------------------------------------------------------------

The following certifications have been issued. The requirements of
Section 222(a)(2)(B) (Shift in Production or Services to a Foreign
Country Path or Acquisition of Articles or Services from a Foreign
Country Path) of the Trade Act have been met.

----------------------------------------------------------------------------------------------------------------
TA-W No. Subject firm Location Impact date
----------------------------------------------------------------------------------------------------------------
92,718............... Adtalem Global Education, DeVry Downers Grove, IL... March 10, 2016.
Education Group, Help Desk.
92,718A.............. Adtalem Global Education, DeVry Oak Brook, IL....... March 10, 2016.
Education Group, Help Desk.
92,778............... United Technologies Aerospace Chula Vista, CA..... March 22, 2016.
Systems, Butler America Aerospace,
LLC.
92,834............... Pearson............................ Bloomington, MN..... April 20, 2016.
92,834A.............. Pearson............................ Boston, MA.......... April 20, 2016.
92,834B.............. Pearson............................ San Antonio, TX..... April 20, 2016.
92,925............... Bruker AXS Inc..................... Madison, WI......... May 31, 2016.
92,936............... Stratus Technologies, Inc., Maynard, MA......... June 8, 2016.
Information Technology.
92,956............... Capgemini America, Inc., Capgemini Phoenix, AZ......... June 16, 2016.
North America, Capgemini, Cloud
Infrastructure Services, etc.
93,021............... Durafiber Technologies............. Grover, NC.......... July 18, 2016.
93,021A.............. Durafiber Technologies............. Salisbury, NC....... July 18, 2016.
93,021B.............. Durafiber Technologies............. Huntersville, NC.... July 18, 2016.
93,021C.............. Durafiber Technologies............. Winnsboro, SC....... July 18, 2016.
93,102............... Sharp Electronics Corporation, Camas, WA........... August 17, 2016.
Sharp Microelectronics of the
Americas, Sharp Corporation,
Adecco.
93,252............... Toront-Dominion Bank/TD Holdings New York, NY........ October 25, 2016.
II, Inc., Toronto Dominion Bank,
Enterprise Business Management
Group, etc.
93,255............... Capgemini America, Inc., Capgemini Chicago, IL......... October 16, 2016.
North America, Operations Group,
Cloud Infrastructure Services.
93,256............... Enterprise Services LLC (ES), Boulder, CO......... October 27, 2016.
Boulder, CO, Hewlett Packard
Enterprise Services, etc.
93,269............... McAfee, LLC, Corporate Products Idaho Falls, ID..... November 1, 2016.
Business Unit, Intel.
93,312............... Microsemi Corporation, DPG-PDM, Mid Bend, OR............ November 15, 2016.
Oregon Personnel and Superior
Staffing.
93,316............... Vestas-American Wind Technology, Portland, OR........ November 17, 2016.
Inc., WTG Engineering & Support
VAME, Vestas Wind Systems A/S.
93,326............... Oticon, Inc., Production Somerset, NJ........ November 24, 2016.
Department, William Demant
Holdings.
93,330............... Technicolor Connected Home USA, Indianapolis, IN.... November 28, 2016.
Technicolor USA, CDI, Thomson
Licensing LLC.
93,334............... Flowserve Corporation, Clarks- Clarks Summit, PA... November 27, 2016.
Summit Parts Manufacturing Center.
93,338............... Display Products/DBA Data Display El Segundo, CA...... November 30, 2016.
Products.
93,344............... Hewlett Packard Enterprise, EG AMS Houston, TX......... December 4, 2016.
Supply Chain Manufacturing, Staff
Management, Manpower, Bucher, etc.
93,358............... HSBC Bank Technology and Services, New York, NY........ December 8, 2016.
USA (HTSU), HSBC Technology and
Services, IT, HSBC North American
Holdings, etc.
93,369............... Meggitt Aircraft Braking Systems Akron, OH........... December 13, 2016.
Corporation, Meggitt-USA, Inc.
93,391............... DJO Global LLC, Finance and Vista, CA........... December 27, 2016.
Accounting, DJO Global Inc.,
Target CW, Robert Half, etc.
93,397............... Optum Technology, Incident and Santa Ana, CA....... December 7, 2016.
Fulfillment Group, UnitedHealth
Group, Inc.
93,398............... Towers Watson Delaware, Inc., Philadelphia, PA.... December 28, 2016.
Willis Towers Watson, Aerotek,
Fidato Partners, etc.
93,400............... Cooper Crouse-Hinds, LLC, Houston, TX......... January 2, 2017.
Electrical Products Group, Eaton
Corporation, Barpellam.
93,401............... Philips Electronics North America Cleveland, OH....... January 2, 2017.
Corp., CT/AMI Division, Randstad
Sourceright.
93,402............... AllCare Plus Pharmacy, Call Center Northborough, MA.... December 29, 2016.
Operations.
93,411............... Rovia, LLC, WorldVentures Holdings, Plano, TX........... January 5, 2017.
Avail, Cornerstone.
93,413............... GE Power (Formerly Alstom Power), Windsor, CT......... January 8, 2017.
General Electric, Action
Technology, Aerotek, Fountain
Group, etc.
93,416............... LEDVANCE, LLC, LEDVANCE Holdings, Exeter, NH.......... January 10, 2017.
Experis, Manpower.
----------------------------------------------------------------------------------------------------------------

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.

[[Page 15406]]

The following certifications have been issued. The requirements of
Section 222(e) (firms identified by the International Trade Commission)
of the Trade Act have been met.

Negative Determinations for Worker Adjustment Assistance

In the following cases, the investigation revealed that the
eligibility criteria for TAA have not been met for the reasons
specified.
The investigation revealed that the requirements of Trade Act
section 222 (a)(1) and (b)(1) (significant worker total/partial
separation or threat of total/partial separation), or (e) (firms
identified by the International Trade Commission), have not been met.

The investigation revealed that the criteria under paragraphs
(a)(2)(A) (increased imports), (a)(2)(B) (shift in production or
services to a foreign country or acquisition of articles or services
from a foreign country), (b)(2) (supplier to a firm whose workers are
certified eligible to apply for TAA or downstream producer to a firm
whose workers are certified eligible to apply for TAA), and (e)
(International Trade Commission) of section 222 have not been met.

Determinations Terminating Investigations of Petitions for Trade
Adjustment Assistance

After notice of the petitions was published in the Federal Register
and on the Department's website, 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.

[[Page 15407]]

The following determinations terminating investigations were issued
because the worker group on whose behalf the petition was filed is
covered under an existing certification.

The following determinations terminating investigations were issued
because the Department issued a negative determination applicable to
the petitioning group of workers. No new information or change in
circumstances is evident which would result in a reversal of the
Department's previous determination.

I hereby certify that the aforementioned determinations were issued
during the period of January 29, 2018 through February 23, 2018. These
determinations are available on the Department's website https://www.doleta.gov/tradeact/taa/taa_search_form.cfm under the searchable
listing determinations or by calling the Office of Trade Adjustment
Assistance toll free at 888-365-6822.

Signed at Washington, DC, this 27th day of February 2018.
Hope D. Kinglock,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2018-07299 Filed 4-9-18; 8:45 am]
BILLING CODE 4510-FN-P

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		83 FR 15403

83 FR 15403 - Notice of Determinations Regarding Eligibility To Apply for Trade Adjustment Assistance

DEPARTMENT OF LABOREmployment and Training Administration

Federal Register Volume 83, Issue 69 (April 10, 2018)

DEPARTMENT OF LABOR
Employment and Training Administration