Petitioner Type: Workers
Impact Date: 07/07/2003
Filed Date: 07/14/2004
Most Recent Update: 07/26/2004
Determination Date: 07/26/2004
Expiration Date: 07/26/2006
Employment and Training Administration
TA-W-55,251
DEROYAL INDUSTRIES, INCORPORATED
DEROYAL SURGICAL DIVISION
ROSE HILL, VIRGINIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, 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.
The investigation was initiated on July 14, 2004 in
response to a petition filed on behalf of workers of DeRoyal
Industries, Inc., DeRoyal Surgical Division, Rose Hill,
Virginia. Workers at the subject facility produce custom
surgical products. The workers are not separately identifiable
by product line.
The investigation revealed that employment at the subject
facilities declined from 2002 to 2003, and during the period of
January through June 2004 when compared to the same period in
2003.
The preponderance of declines in employment at the subject
facility is related to a shift in production of custom surgical
products to a country (Guatemala) which is a beneficiary country
under the Caribbean Basin Economic Recovery Act.
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 group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the subject facilities
are age 50 or over and possess skills that are not easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the workers' firm or subdivision to Guatemala 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 DeRoyal Industries, Inc., DeRoyal Surgical
Division, Rose Hill, Virginia, who became totally or
partially separated from employment on or after July 7,
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, and are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 26th day of July 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance