DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,235

WYETH PHARMACEUTICALS
INCLUDING LEASED WORKERS OF KELLY SCIENTIFIC RESOURCES
AND KELLY SERVICES
MARIETTA, PENNSYLVANIA

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and
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 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
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 revealed that criteria (a)(2)(A)(I.C.)
and(a)(2)(B)(II.C.) have not been met.
The investigation was initiated on July 13, 2004 in response
to a petition filed by a company official on behalf of workers at
Wyeth Pharmaceuticals, Marietta, Pennsylvania. The subject
facility leases workers from Kelly Scientific Resources and Kelly
Services. The workers produce intranasal cold adapted influenza
vaccine trivalent (CAIV-T) material used in clinical trials.
The investigation revealed that the preponderance of declines
in employment at the subject facility is directly attributable to a
shift in production of intranasal CAIV-T clinical trial material to
the United Kingdom.
However, the United Kingdom is not party to a free trade
agreement with United States nor is it a beneficiary country under
the Andean Trade Preference Act, African Growth and Opportunity
Act, or Caribbean Basin Economic Recovery Act. Furthermore, there
has not been, nor is there likely to be, an increase in imports of
intranasal CAIV-T clinical trial material.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of Wyeth
Pharmaceuticals, Marietta, Pennsylvania, including leased workers
of Kelly Scientific Resources and Kelly Services, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 12th day of August 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance