DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,705

VISTAKON
A JOHNSON AND JOHNSON COMPANY
RICHARD STREET FACILITY
JACKSONVILLE, FLORIDA

Negative Determination 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. The group eligibility requirements for directly-impacted (primary) workers under Section 222(a) the Trade Act of 1974, as amended, can be satisfied in either of two ways:
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 is 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.

The investigation was initiated on December 4, 2003 in response to a petition filed by a state agency representative on behalf of workers at Vistakon a Johnson and Johnson Company, Richard Street Facility, Jacksonville, Florida. The workers at the subject facility produced contact lenses.
The investigation revealed that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met.
The investigation revealed that the subject facility did not increase imports of contact lenses. Furthermore, the investigation revealed that the subject facility did not shift production of contact lenses abroad during the relevant period.   

Conclusion
After careful review of facts obtained in the investigation, I determine that all workers of Vistakon a Johnson and Johnson Company, Richard Street Facility, Jacksonville, Florida are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 13th day of January 2004.


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance