DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,180

BRISTOL-MYERS SQUIBB COMPANY
TECHNICAL OPERATIONS
EAST SYRACUSE, NEW YORK

Negative Determinations 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. 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, 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 December 8, 2004, in
response to a petition filed on behalf of workers of Bristol-Myers
Squibb Company (BMS), Technical Operations, East Syracuse, New
York. The workers produced uncompounded bulk penicillin.
The investigation revealed that criteria I.C. and II.B. are
not met.
The majority of the uncompounded bulk penicillin produced at
the subject facility was for sale to foreign customers. The
remaining portion was for internal production of other products
produced by BMS.
The petitioners alleged in the petition that once the
company's patent for penicillin expired, the company lost
significant market share due the flooding of the market with
cheap penicillin from foreign sources. Evidence developed in the
course of the investigation revealed that the overwhelming
majority of bulk penicillin produced at the subject facility
which was sold to third party customers was for the export
market. Any declines in company sales or production of
uncompounded bulk penicillin are related to lost foreign sales.
The loss of export customers is not within the U.S. market and
thus these customers can not be considered impacted by imports.
In addition, production of bulk penicillin for company use
increased in January through August 2004 compared to the same
period in 2003. Production of new penicillin at the subject
facility was discontinued in August 2004.
The company did not shift production from the subject division
to a foreign facility nor import uncompounded bulk penicillin in
the relevant period.
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 assis-
tance (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
Bristol-Myers Squibb Company (BMS), Technical Operations, East
Syracuse, New York 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 24th day of February 2005.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance