Petitioner Type: Company
Impact Date: 11/04/2001
Filed Date: 11/06/2002
Most Recent Update: 11/12/2002
Determination Date: 11/12/2002
Expiration Date: 11/12/2004
Employment and Training Administration
TA-W-50,024
HUDSON RESPIRATORY CARE, INC.
ARGYLE, NEW YORK
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met -- a shift in production from the workers=
firm or subdivision to an eligible foreign country of articles like
or directly competitive with those produced by the subject firm or
subdivision; and, either the foreign country is a party to a free
trade agreement with the United states or is a beneficiary country
under section 222(a)(2)(B)(i); and, either the foreign country is a
party to a free trade agreement with the United States under
section 222(a)(2)(B)(ii)(I), is a beneficiary country under section
222(a)(2)(B)(ii)(II), or there has been or is likely to be an
increase in imports of like or directly competitive articles.
The investigation was initiated in response to a petition
received on November 6, 2002 and filed by a company official on
behalf of workers at Hudson Respiratory Care, Inc., Argyle, New
York. The workers produce disposable medical products.
The preponderance in the declines in employment at the subject
plant is related to a shift in plant production of disposable
medical devices to a country (Mexico) that is a party to a free
trade agreement with the United States.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers firm or subdivision to Mexico of articles that are like
or directly competitive with those produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Hudson Respiratory Care, Inc., Argyle, New
York, who became totally or partially separated from
employment on or after November 4, 2001 through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended."
Signed in Washington, D.C. this 12th day of November, 2002
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance