DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,004

MEDLINE INDUSTRIES
dba MAXXIM MEDICAL, INC.
MAXXIM BOUNDARY
INCLUDING LEASED WORKERS OF KELLY SERVICES
COLUMBUS, MISSISSIPPI

Amended Certification Regarding Eligibility to
Apply for Worker 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 on February
19, 2004, applicable to workers of Medline Industries, dba Maxxim
Medical, Inc., Maxxim Boundary, including leased workers of Kelly
Services, Columbus, Mississippi. The notice will be published
soon in the Federal Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
produce disposable surgical drapes and are not separately
identifiable by product line.
New findings show that there was a previous certification,
TA-W-38,779, issued on May 21, 2001, for workers of Maxxim
Medical, Inc., Columbus, Mississippi who were engaged in
employment related to the production of disposable surgical
drapes. That certification expired May 21, 2003. To avoid an
overlap in worker group coverage, the certification is being
amended to change the impact date from December 18, 2002 to May
22, 2003, for workers of the subject firm.
The amended notice applicable to TA-W-54,004 is hereby
issued as follows:
"All workers of Medline Industries, dba Maxxim Medical,
Inc., Maxxim Boundary, Columbus, Mississippi, who became
totally or partially separated from employment on or after
May 22, 2003, through February 19, 2006, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
Furthermore, after careful review, I determine that all
leased workers from Kelly Services, Columbus, Mississippi are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.

Signed at Washington, D.C. this 5th day of March, 2004.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,004

MEDLINE INDUSTRIES
dba MAXXIM MEDICAL, INC.
MAXXIM BOUNDARY
INCLUDING LEASED WORKERS OF KELLY SERVICES
COLUMBUS, MISSISSIPPI


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. 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 January 14, 2004 in response
to a petition filed by a company official on behalf of workers at
Medline Industries, dba Maxxim Medical, Inc., Maxxim Boundary,
Columbus, Mississippi. The workers produce disposable surgical
drapes.
It is determined in this case that the requirements of
(a)(2)(B) of Section 222 have been met for Medline Industries, dba
Maxxim Medical, Inc., Maxxim Boundary, Columbus, Mississippi.
Employment at the subject plant has declined, and the subject
firm has shifted production of disposable surgical drapes to a
country (Mexico) that is a party to a free trade agreement with the
United States.
However, the investigation revealed that criteria (a)(2)(A)
(I.A) and (a)(2)(B)(II.A) were not met for leased workers from
Kelly Services, Columbus, Mississippi.
The investigation revealed workers of Kelly Services does not
have a contract with the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there were layoffs and a shift in
production from the subject firm to Mexico of articles that are
like or directly competitive with the articles produced by the
subject firm. In accordance with the provisions of the Act, I make
the following certification:
“All workers of Medline Industries, dba Maxxim Medical, Inc.,
Maxxim Boundary, Columbus, Mississippi, who became totally or
partially separated from employment on or after December 18,
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."
Furthermore, after careful review, I determine that all leased
workers from Kelly Services, Columbus, Mississippi are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 19th day of February, 2004.

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