DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,756

INMED CORPORATION
d/b/a RUSCH
INCLUDING LEASED WORKERS OF AXIOM, PARTNERS IN STAFFING
AND DAVIS COMPANY
DULUTH, GEORGIA

Amended 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 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on October
20, 2004, applicable to workers of Inmed Corporation, d/b/a
Rusch, including leased workers of Axiom and Partners in
Staffing, Duluth, Georgia. The notice was published in the
Federal Register on November 12, 2004. (69 FR 65463).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information shows that leased workers of Davis Company were
employed at Inmed Corporation, d/b/a Rusch, at the Duluth,
Georgia location of the subject firm.
Based on these finding, the Department is amending this
certification to include leased workers of Davis Company working
at Inmed Corporation, d/b/a Rusch, Duluth, Georgia.
The intent of the Department’s certification is to include
all workers employed at Inmed Corporation, d/b/a Rusch, Duluth,
Georgia, who were adversely affect by a shift in production to
Mexico.
The amended notice applicable to TA-W-55,756 is hereby
issued as follows:
"All workers of Inmed Corporation, d/b/a Rusch, including
leased workers of Axiom, Partners in Staffing and Davis
Company, Duluth, Georgia, who became totally or partially
separated from employment on or after October 7, 2003
through October 20, 2006, 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,"
I further determine that all workers of Inmed Corporation,
d/b/a Rusch, including leased workers of Axiom, Partners in
Staffing and Davis Company, Duluth, Georgia, 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 3rd day of December 2004.

/s/ Richard Church

___________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,756

INMED CORPORATION
d/b/a RUSCH
INCLUDING LEASED WORKERS OF AXIOM AND PARTNERS IN STAFFING
DULUTH, GEORGIA

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 October 8, 2004 in response
to a petition filed by a company official on behalf of workers of
Inmed Corporation, d/b/a Rusch, Duluth, Georgia. The workers
produce catheters.
The subject firm also leased some workers from Axiom and
Partners in Staffing.
The investigation revealed that the subject firm anticipates a
decline in employment at the Duluth facility with its gradual
closing beginning in December, 2004. The firm is shifting
production to a country (Mexico) that is a party to a free trade
agreement with the United States.
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 2 has not been
met. The investigation revealed that the workers at the subject
firm possess skills that are easily transferable.




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 Inmed Corporation, d/b/a Rusch, including
leased workers of Axiom and Partners in Staffing, Duluth,
Georgia, who became totally or partially separated from
employment on or after October 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.”
I further determine that all workers of Inmed Corporation,
d/b/a Rusch, including leased workers of Axiom and Partners in
Staffing, Duluth, Georgia, 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 20th day of October 2004.

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