Petitioner Type: Workers
Impact Date: 04/15/2004
Filed Date: 04/25/2005
Most Recent Update: 05/11/2005
Determination Date: 05/11/2005
Expiration Date: 05/11/2007
Employment and Training Administration
TA-W-57,035
DEROYAL (STAT MEDICAL)
DEROYAL PATIENT CARE
NEW TAZEWELL, TENNESSEE
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 its 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) (A) of Section 222 have been met.
The investigation was initiated on April 25, 2005 in
response to a petition filed on behalf of workers at DeRoyal
(Stat Medical), DeRoyal Patient Care, New Tazewell, Tennessee.
The workers at the subject firm produce orthopedic soft goods.
The investigation revealed that employment and production
at the subject firm declined absolutely during the relevant
period of 2003, 2004, and January to March 2005.
The investigation further revealed that company imports of
orthopedic soft goods increased absolutely 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 facility 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 increases of imports of articles
like or directly competitive with orthopedic soft goods produced
by DeRoyal (Stat Medical), DeRoyal Patient Care, New Tazewell,
Tennessee contributed importantly to the total or partial
separation of workers and to the decline in production and at
that firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of DeRoyal (Stat Medical), DeRoyal Patient
Care, New Tazewell, Tennessee, who became totally or
partially separated from employment on or after April 15,
2004 through two years from the date of certification 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."
Signed in Washington, D. C. this 11th day of May, 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance