DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,528

DRAGER MEDICAL
A DIVISION OF DRAGERWERK AG
TELFORD, PENNSYLVANIA

Negative Determination 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
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 on August 31, 2004 in response
to a petition filed by a company official on behalf of workers at
Drager Medical, a division of Dragerwerk AG, Telford, Pennsylvania.
The workers produce anesthesia equipment.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
Petitioners allege that the subject is shifting production
from the Telford plant to Germany. The investigation revealed,
however, that the subject firm did not shift production of
anesthesia equipment abroad during 2002 through July of 2004, nor
did it import anesthesia equipment during the relevant period.
Aggregate United States imports for consumption of anesthetic
instruments and appliances used in medical, surgical, dental or
veterinary sciences, and parts and accessories therof, decreased
during the period of January through July of 2004 compared to the
same period one year earlier.
Conclusion
After careful review, I determine that all workers of Drager
Medical, a division of Dragerwerk AG, Telford, Pennsylvania are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C., this 29th day of September 2004.

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