Denied
« back to search results

TAW-62369B  /  TEVA Manufacturing, Inc. (Miami, FL)

Petitioner Type: State
Impact Date:
Filed Date: 10/29/2007
Most Recent Update: 02/22/2008
Determination Date: 02/22/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,369
DORAL MANUFACTURING, INC.
A SUBSIDIARY OF TEVA PHARMACEUTICALS, INC.
FORMERLY KNOWN AS IVAX PHARMACEUTICALS, INC.
MIAMI, FLORIDA

TA-W-62,369A
TEVA PHARMACEUTICALS, USA
FORMERLY KNOWN AS IVAX PHARMACEUTICALS, INC.
BISCAYNE BLVD. FACILITY
MIAMI, FLORIDA

TA-W-62,369B
TEVA PHARMACEUTICALS, USA
FORMERLY KNOWN AS IVAX PHARMACEUTICALS, INC.
GOLDEN GLADES FACILITY
MIAMI, 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 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 October 29, 2007, in
response to a petition filed by a State agency representative on
behalf of workers of Doral Manufacturing, Inc., a subsidiary of
TEVA Pharmaceuticals, Inc., formerly known as IVAX
Pharmaceuticals, Inc., Miami, Florida (TA-W-62,369). The
workers are engaged in the production of generic solid dosage
pharmaceuticals. The petition was also filed on behalf of
workers of TEVA Pharmaceuticals, Inc., formerly known as IVAX
Pharmaceuticals, Inc., Biscayne Blvd. Facility (TA-W-62,369A)
and Golden Glades Facility (TA-W-62,369B), Miami, Florida
providing various support services in support of production at
Doral Manufacturing.
The State agency representative indicated the basis for
seeking certification was a shift in production to Israel.
The investigation revealed that criteria (a)(2)(A)(I.A.)
and (a)(2)(B)(II.A.) have not been met for workers of Doral
Manufacturing, TEVA Pharmaceuticals, Inc., formerly known as
IVAX Pharmaceuticals, Inc., Miami, Florida (TA-W-62,369), and
IVAX Pharmaceuticals, Inc., Biscayne Blvd. Facility, Miami,
Florida (TA-W-62,369A).
The investigation revealed that employment at Doral
Manufacturing and the Biscayne Blvd. facilities of TEVA
increased in January through October 2007 compared to the same
period of the previous year.
Furthermore, production of generic solid dosage
pharmaceuticals did not decline from October 2006 to October
2007.
The investigation determined that criteria (a)(2)(A)(I.C.)
and (a)(2)(B)(II.B.) have not been met for workers of TEVA
Pharmaceuticals, Inc., formerly known as IVAX Pharmaceuticals,
Inc., Golden Glades Facility, Miami, Florida (TA-W-62,369B).
The investigation revealed that employment at TEVA
Pharmaceuticals, Inc., formerly known as IVAX Pharmaceuticals,
Inc., Golden Glades Facility, Miami, Florida (TA-W-62,369B)
declined from October 2006 to October 2007.
The investigation determined that the workers at the Golden
Glades Facility in support of the production of generic solid
dosage pharmaceuticals at Doral Manufacturing cannot be
certified because there were no company imports of generic solid
dosage pharmaceuticals like or directly competitive with those
produced by Doral Manufacturing, TEVA Pharmaceuticals, Inc.,
formerly known as IVAX Pharmaceuticals, Inc., nor was there a
shift in production of those articles by Doral Manufacturing to
a foreign country.
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 Doral
Manufacturing, Inc., a subsidiary of TEVA Pharmaceuticals, Inc.,
formerly known as IVAX Pharmaceuticals, Inc., Miami, Florida
(TA-W-62,369), TEVA Pharmaceuticals, Inc., formerly known as
IVAX Pharmaceuticals, Inc., Biscayne Blvd. Facility, Miami,
Florida (TA-W-62,369A) and TEVA Pharmaceuticals, Inc., formerly
known as IVAX Pharmaceuticals, Inc., Golden Glades Facility,
Miami, Florida (TA-W-62,369B), 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 22nd day of February, 2008

/s/Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance