Petitioner Type: Company
Impact Date: 01/31/2004
Filed Date: 02/02/2005
Most Recent Update: 02/17/2005
Determination Date: 02/17/2005
Expiration Date: 02/17/2007
Employment and Training Administration
TA-W-56,475
NEOCARE
A DIVISION OF ARROW INTERNATIONAL
SAN ANTONIO, TEXAS
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, 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 February 2, 2005 in response to a
petition filed on behalf of workers at Neocare, a division of Arrow
International, San Antonio, Texas (TA-W-56,475). The workers at the
facility produce silicone medical devices and catheters; they are not
separately identifiable.
The investigation revealed that sales, production and employment
declined absolutely in January of 2005 due to permanent closure of the
location.
Furthermore, the subject firm shifted production of silicone medical
devices and catheters to a country (Mexico) that is party to a free trade
agreement with the United States during the relevant period.
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 firm 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 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 Neocare, a division of Arrow International, San
Antonio, Texas who became totally or partially separated from
employment on or after January 31, 2004 through two years from the
date of certification are eligible to apply for adjustment assis-
tance 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 17th day of February 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance