Findings of the Investigation

BUSINESS CONFIDENTIAL

TA-W-54,123

BARD ENDOSCOPIC TECHNOLOGIES
MENTOR, OHIO

Determination and Basis C-4

Previous Determination: Yes, denied on Sept. 4, 2002 (TA-W-41,801)

Number of Workers Affected: 164

Total Number of Workers: 164

Petitioner: Company Official

Product: Endoscopic medical devices

SIC: 3845

RELEVANT DATES:
Institution Date: January 30, 2004
Petition Date: January 27, 2004
Impact Date: January 27, 2003

File: S:/ONR/OADWTAAR/DTAA/WPDOCS/Case/TI/54123

Investigator: John Patterson

Supporting Evidence

The subject of this investigation is the worker group at Mentor,
Ohio, employees of Bard Endoscopic Technologies. The product is
endoscopic devices, presumably for the measurement and detection
of interior ailments. Corporate headquarters is in Billerica,
Massachusetts. All production at Mentor ceased in November,
2003.

All production was shifted to Mexico, as alleged on the petition.




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,123

BARD ENDOSCOPIC TECHNOLOGIES
MENTOR, OHIO

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 January 30, 2004 in
response to a petition filed by a company official on behalf of
workers of Bard Endoscopic Technologies, Mentor, Ohio. The workers
produced endoscopic medical devices.
The investigation revealed that production at Mentor has
ceased, and a shift in production to Mexico occurred during the
relevant period, adversely affecting the entire workforce.
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 #3 has not been
met.
The investigation revealed that employment of workers in the
manufacturing sector of electromedical devices has increased
throughout the relevant period.
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 Bard Endoscopic Technologies, Mentor, Ohio who
became totally or partially separated from employment on or after
January 27, 2003 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 Bard Endoscopic
Technologies, Mentor, Ohio 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 9th day of February 2004

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