Petitioner Type: Workers
Impact Date: 12/20/2004
Filed Date: 02/09/2006
Most Recent Update: 03/16/2006
Determination Date: 03/16/2006
Expiration Date: 03/16/2008
Employment and Training Administration
TA-W-58,823
SIEMENS MEDICAL SOLUTIONS USA, INC.
ULTRASOUND DIVISION
A DIVISION OF SIEMENS CORPORATION
INCLUDING LEASED WORKERS OF SPHERION
MOUNTAIN VIEW, CALIFORNIA
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 an 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)(B) of
Section 222 have been met.
The investigation was initiated on February 9, 2006 in
response to a petition filed on behalf of workers of Siemens
Medical Solutions USA, Inc., Ultrasound Division, a division of
Siemens Corporation, Mountain View, California. The workers
produce ultrasound systems and transducers.
The subject worker group includes onsite leased workers of
Spherion.
The investigation revealed that employment and production at
the subject facility decreased from 2004 to 2005.
In 2003 the subject firm shifted some production of ultrasound
systems and transducers from the subject facility to South Korea.
A significant portion of the Korean-produced ultrasound systems and
transducers are imported to the United States, representing an
increased reliance by the company on imported products..
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 addition, 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 facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to South Korea of articles
that are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to be
an increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Siemens Medical Solutions USA, Inc.,
Ultrasound Division, a division of Siemens Corporation,
including leased workers of Spherion, Mountain View,
California who became totally or partially separated from
employment on or after December 20, 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 16th day of March 2006
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance