DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,890

INAMED CORPORATION
SANTA BARBARA, CALIFORNIA

Negative Determination Regarding Eligibility
To Apply for Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated April 19, 2005 a company official requested
ATAA consideration for workers at the subject firm located in
Santa Barabra, California.
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 in the local area.

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 workers of the subject
firm possess skills that are easily transferable in the local
area.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that workers of INAMED Corporation, Santa Barbara,
California are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974,
as amended.
Signed in Washington, D.C., this 5th day of May 2005

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,890

INAMED CORPORATION
SANTA BARBARA, CALIFORNIA

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 its 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 May 11, 2004 in response to a
petition filed by a company official on behalf of workers of Inamed
Corporation, Santa Barbara, California. The workers at the subject
firm produce breast and facial implants, tissue expanders, LAP-
BAND, and BIB Systems; they are not separately identifiable by
product line.
The investigation revealed that employment at the subject firm
decreased absolutely during the period of 2003 through April 2004.
The investigation further revealed a shift in production of
breast and facial implants, tissue expanders, LAP-BAND, and BIB
Systems from the subject firm to Costa Rica and Ireland.
Furthermore, the investigation revealed that imports of breast
and facial implants, tissue expanders, LAP-BAND, and BIB Systems
are likely to increase.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to a foreign country of articles
that are like or directly competitive with those produced by the
subject firm, and there has been or is likely to be an increase in
imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Inamed Corporation, Santa Barbara, California
who became totally or partially separated from employment on
or after May 4, 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."
Signed in Washington, D. C. this 8th day of June 2004.


/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance



May want to list the specific citation to the group eligibility requirements.