Petitioner Type: Company
Impact Date: 03/21/2005
Filed Date: 03/28/2006
Most Recent Update: 05/18/2006
Determination Date: 05/18/2006
Expiration Date: 05/18/2008
Employment and Training Administration
TA-W-59,096
DJ ORTHOPEDICS
DISTRIBUTION CENTER
VISTA, 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 March 28, 2006 in response
to a petition filed by a company official on behalf of workers of
dj Orthopedics, Distribution Center, Vista, California. The
workers were engaged in activities related to the production of
orthopedic medical devices.
Employment at the subject plant has declined, and dj
Orthopedics has shifted the production of orthopedic medical
devices to a country (Mexico) that is a party to a Free Trade
Agreement with the United States.
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 conclude that there was a shift in production from
the workers firm or subdivision to Mexico of articles that are like
or directly competitive with those produced by dj Orthopedics,
Vista, California. In accordance with the provisions of the Act, I
make the following certification:
In accordance with the provisions of the Act, I make the
following certification:
"Workers employed by dj Orthopedics, Distribution Center,
Vista, California, who became totally or partially separated
from employment on or after March 21, 2005 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 18th day of May 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance