Petitioner Type: Workers
Impact Date:
Filed Date: 07/14/2005
Most Recent Update: 08/23/2005
Determination Date: 08/23/2005
Expiration Date:
Employment and Training Administration
TA-W-57,555
APOTEX CORPORATION
SUBDIVISION OF APOTEX INC.
LINCOLSHIRE, ILLINOIS
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 investigation was initiated on July 14, 2005, in response
to a petition filed on behalf of workers of Apotex Corporation, a
subsidiary of Apotex Inc., Lincolnshire, Illinois. Workers at
the subject facility provide research and development services
for generic pharmaceutical drugs.
The investigation revealed that Apotex Corporation, a
subsidiary of Apotex Inc., Lincolnshire, Illinois does not produce
an article within the meaning of Section 222(a) (2) of the Act. In
order to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group
seeking certification (or on whose behalf certification is being
sought) must work for a "firm" or appropriate subdivision that
produces an article and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision. The research and development workers
described above, do not support a firm or appropriate subdivision
that produces an article domestically and thus the worker group can
not be considered import impacted or affected by a shift in
production of an article.
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 assistance
(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 of the facts obtained in the
investigation, I determine that all workers of Apotex Corporation,
a subsidiary of Apotex Inc., Lincolnshire, Illinois 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 23rd day of August 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance