DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,677

WYETH PHARMACEUTICAL
INCLUDING LEASED WORKERS OF
KELLY SERVICES AND
JUDGE TECHNICAL SERVICES
WEST CHESTER, PENNSYLVANIA

Negative Determination 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 March 3, 2005 in response
to a petition filed on behalf of workers at Wyeth Pharmaceutical,
West Chester, Pennsylvania. The workers produced bicillin,
wycillin, ampicillin and sulbactam for injections and tubex
injectors. The workers at the subject facility also produced
procaine, benzathine and lecithin, but the production of these
products stopped by September 2003, which is beyond the relevant
period. That is, those products were produced more than one year
from the petition date and thus outside the relevant period.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The investigation revealed that the subject firm did not
import products like or directly competitive with the bicillin,
wycillin, ampicillin and sulbactam for injections and tubex
injectors, nor did they shift production abroad during the
relevant period.
The Department of Labor also conducted a survey of subject
firm customers regarding their purchases of bicillin, wycillin,
ampicillin and sulbactam for injections and tubex injectors
during 2003, 2004 and January through February 2005 over the
corresponding January through February 2004 period. The survey
revealed that none of the customers imported bicillin, wycillin,
ampicillin and sulbactam for injections and tubex injectors or
products like or directly competitive with bicillin, wycillin,
ampicillin and sulbactam during 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 Wyeth
Pharmaceutical, West Chester, Pennsylvania including lease
workers of Kelly Services and Judge Technical Services working at
Wyeth Pharmaceutical, West Chester, Pennsylvania 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 7th day of April 2005.

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