DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,862

TOPCON MEDICAL SYSTEMS, INC.
FORMERLY KNOWN AS TOPCON OMNI SYSTEMS, INC.
A SUBSIDIARY OF TOPCON AMERICA CORPORATION
NORRISTOWN, 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,
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 31, 2005 in response
to a petition filed by a company official on behalf of workers at
Top Medical Systems, Inc., formerly known as Topcon Omni Systems,
Inc., a subsidiary of Topcon America Corporation, Norristown,
Pennsylvania. Workers produced medical instruments (auto
refractors) and furniture for the ophthalmic industry (cabinetry,
chair, and stands).
The investigation revealed that the subject firm ceased
production of medical instruments in November 2003. Section
223(b)(l) of the Trade Act of 1974, as amended, provides that a TAA
certification may not apply to any worker whose separation from
employment occurred more than one year prior to the date the
petition was filed. Accordingly, workers of Top Medical Systems,
Inc., formerly known as Topcon Omni Systems, Inc., a subsidiary of
Topcon America Corporation, Norristown, Pennsylvania, engaged in
employment related to the production of medical instruments (auto
refractors) cannot be certified eligible to apply for TAA.
Furthermore, the investigation revealed that criteria
(a)(2)(A)(I.C) and (a)(2)(B)(II.B) have not been met for workers
engaged in employment related to the production of furniture for
the ophthalmic industry.
The subject firm did not import furniture for the ophthalmic
industry, nor did it shift production of like or directly
competitive article to a foreign country. The firm closed the
Norristown plant and shifted the furniture production to another
domestic location.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Top Medical Systems,
Inc., formerly known as Topcon Omni Systems, Inc., a subsidiary of
Topcon America Corporation, Norristown, Pennsylvania, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C. this 26th day of April 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance