DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,603

CORDIS CORPORATION
MIAMI LAKES, FLORIDA


Notice of Revised Determination
on Reconsideration

By letter dated September 28, 2005, the subject company
requested administrative reconsideration regarding the Department
of Labor’s Notice of Negative Determination Regarding Eligibility
to Apply for Worker Adjustment Assistance, applicable to the
workers of the subject firm. Workers produce medical devices
used for surgical procedures.
A negative determination regarding the subject facility was
signed on August 25, 2005. The Department’s notice will soon be
published in the Federal Register. The negative determination
was based on the findings that there was neither a significant
decline in employment at the subject facility nor a threat of
employment decline at the subject facility since the previous
certification for the subject company (TA-W-52,275) expired on
August 7, 2005.
During the reconsideration investigation, the Department was
informed by the subject company that a significant proportion of
workers have been/will be separated from the subject due to an
ongoing shift of medical device production to Mexico.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department 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 additional facts obtained on
reconsideration, I conclude that a shift of production to Mexico
of medical devices used in surgical procedures like or directly
competitive with those produced at Cordis Corporation, Miami
Lakes, Florida, contributed importantly to the declines in sales
or production and to the total or partial separation of workers
at the subject firm. In accordance with the provisions of the
Act, I make the following certification:



"All workers of Cordis Corporation, Miami Lakes, Florida who
became totally or partially separated from employment on or
after August 8, 2005 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 4th day of October 2005.

/s/ Elliott S. Kushner

_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,603

CORDIS CORPORATION
MIAMI LAKES, FLORIDA

Negative Determinations 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 July 21, 2005 in response
to a petition filed by a company official on behalf of workers at
Cordis Corporation, Miami Lakes, Florida. The workers produce
medical devices used for surgical procedures.
The investigation revealed that criteria (a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) have not been met.
Workers of the subject firm were certified eligible to apply
for trade adjustment assistance under petition TA-W-52,275, which
expired on August 7, 2005.
The investigation revealed that the subject firm has continued to
shift a portion of its production of medical devices to a country
(Mexico) that is party to a free trade agreement with the United
States. However, there has been no significant decline in
employment, nor is there a threat of employment decline since the
expiration of the previous certification.
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 of the facts obtained in the
investigation, I determine that all workers of Cordis
Corporation, Miami Lakes, Florida 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 25th day of August 2005.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance