DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,780

TEVA PHARMACEUTICALS U.S.A.
ELMWOOD PARK, NEW JERSEY

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 December 11, 2003 in
response to a petition filed by the Workforce Virtual One-Stop
System on behalf of workers of Teva Pharmaceuticals USA, Elmwood
Park, New Jersey. The workers manufacture penicillin.
The investigation revealed that employment at the subject
company will decline significantly during the relevant period.
The subject firm is shifting production of penicillin to Canada.
The petitioner also requested consideration for Alternative
Trade Adjustment Assistance (ATAA).
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 the skills of the worker
group are easily transferable to other positions in the local
area.


Conclusion
After careful review of the facts obtained in the
investigation, I conclude that a shift in production to a country
with a free trade agreement/beneficiary of penicillin produced at
Teva Pharmaceuticals USA, Elmwood Park, New Jersey contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Teva Pharmaceuticals USA, Elmwood Park, New
Jersey, who became totally or partially separated from employment
on or after December 10, 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."
I further determine that all workers of Teva Pharmaceuticals
USA, Elmwood Park, New Jersey 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 24th day of December 2003.

/s/Richard Church
___________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance