DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,995

WYETH
BIOTECH DIVISION
ANDOVER, MASSACHUSSETTS

Negative Determination 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 September 5, 2008 in
response to a petition filed by a group of workers on behalf of
workers of Wyeth, Biotech division, Andover, Massachusetts. Workers
at the subject firm are engaged in activities related to the
production of pharmaceutical products (Benefix, BMP-2, and
Herceptin). The workers are not separately identifiable by
product.
The subject firm is mainly a research and development facility
which includes clinical trials for substances in the development of
drugs.
The investigation revealed that criterion (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) have not been met.
Sales and production at the subject firm increased from 2006
to 2007, and increased during the period of January through August
2008, over the corresponding 2007 period. The investigation
further revealed that there was a disruption of production for one
of the product lines from 2006 to 2007 due to the shutdown of the
facility in order to replace equipment. Sales for this period did
not decline with the disruption.
The investigation also revealed that the subject firm did not
shift production of Benefix, BMP-2, and Herceptin to a foreign
country during the relevant period.
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 Wyeth, Biotech
division, Andover, Massachusetts, 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 29th day of October 2008

/s/ Elliott S. Kushner

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