DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,959

MAXXIM MEDICAL, INC.
HONEA PATH, SOUTH CAROLINA

Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance, and under
Section 246 of the Trade Act of 1974 (26 USC 2813), a Negative
Determination Regarding Eligibility to Apply of Alternative Trade
Adjustment Assistance on October 14, 2003, applicable to workers
of Maxxim Medical, Inc., Honea Path, South Carolina. The notice
will be published soon in the Federal Register.
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of surgical gloves.
Company information received during the Department’s
investigation stated that workers engaged in the production of
surgical gloves at the plant possess skills that are easily
transferable. New information provided by the company states
that workers at the subject firm require skills that are unique
to the surgeon glove manufacturing process. Therefore, workers’
skills are not easily transferable.
Review of this information shows that all eligibility
criteria under Section 246 of the Trade Act of 1974 (26 USC
2813), as amended have been met.
The amended notice applicable to TA-W-52,959 is hereby
issued as follows:
"All workers of Maxxim Medical, Inc., Honea Path, South
Carolina, who became totally or partially separated
from employment on or after September 19, 2002 through
October 14, 2005, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974
and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade
Act of 1974."

Signed at Washington, D.C. this 6th day of November, 2003

/s/ Linda G. Poole

_____________________________
LINDA G. POOLE
Certifying Officer, Division
of Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,959

MAXXIM MEDICAL, INC.
HONEA PATH, SOUTH CAROLINA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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.
The investigation was initiated on September 24, 2003 in
response to a petition filed by the company on behalf of workers of
Maxxim Medical, Inc., Honea Path, South Carolina. The workers
produce surgical gloves.
The investigation revealed that production and employment
declined during the relevant period.
The investigation further revealed that the subject firm
increased imports of surgical gloves during the relevant period.

In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
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).

The Department has determined that criterion (2) has not been
met.
The investigation revealed that employees engaged in the
production of surgical gloves possess skills that are easily
transferable.



Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with surgical gloves produced at
Maxxim Medical, Inc., Honea Path, South Carolina contributed
importantly to the total or partial separation of workers and to
the decline in sales or production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Maxxim Medical, Inc., Honea Path, South
Carolina who became totally or partially separated from
employment on or after September 19, 2002 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
and;
“I further determine that all workers of Maxxim Medical,
Inc., Honea Path, South Carolina are denied eligibility to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C., this 14th day of October 2003

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance