Certified
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TAW-63877  /  Covidien (Watertown, NY)

Petitioner Type: Company
Impact Date: 08/11/2007
Filed Date: 08/15/2008
Most Recent Update: 09/16/2008
Determination Date: 09/16/2008
Expiration Date: 09/16/2010

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,877

COVIDIEN
MEDICAL DEVICES DIVISION
FORMERLY KNOWN AS TYCO HEALTHCARE GROUP LP
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES AND PENSKI
WATERTOWN, NEW YORK

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 (19
USC 2273), the Department of Labor herein presents the results of
its 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 August 15, 2008, in response
to a petition filed by a company official on behalf of workers of
Covidien, Medical Devices division, formerly known as Tyco
Healthcare Group LP, Watertown, New York. Workers at the subject
firm produce electronic and disposable medical devices; workers are
not separately identifiable by product line.
The subject firm also utilized leased/contract workers from
Kelly Services and Penski.
The investigation revealed a significant number or proportion
of workers at the subject firm are threatened to become separated
from employment.
The subject firm shifted portions of its electronic and
disposable medical devices production from the subject firm in
Watertown, New York to China.
Moreover, company imports of electronic and disposable medical
devices are likely to increase.
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 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 do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to a foreign country of articles
that are like or directly competitive with those produced by the
subject firm, 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 Covidien, Medical Devices division, formerly
known as Tyco Healthcare Group LP, Watertown, New York,
including on-site leased workers from Kelly Services and
Penski who became totally or partially separated from
employment on or after August 11, 2007 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 September 2008

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