DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,128
EBI HOLDINGS, LLC
DBA BIOMET SPINE, TRAUMA, OSTEOBIOLOGICS AND BRACING
A DIVISION OF BIOMET, INC.
6 UPPER POND AVENUE
PARSIPPANY, NEW JERSEY

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 investigation was initiated on September 29, 2008, in
response to a petition filed on behalf of workers of EBI Holdings,
LLC, dba Biomet Spine, Trauma, Osteobiologics and Bracing, a division
of Biomet, Inc., 6 Upper Pond Avenue, Parsippany, New Jersey. The
workers performed insurance verification and collection activities.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is being
sought) must work for a "firm" or appropriate subdivision that
produces an article domestically and there must be a relationship
between the workers' work and the article produced by the workers'
firm or appropriate subdivision. The investigation revealed that
although production of an article(s) occurred at affiliated locations,
the workers at the subject firm do not support production. Thus the
worker group cannot be considered import impacted or affected by a
shift in production of an article.
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 EBI Holdings, LLC, dba Biomet Spine,
Trauma, Osteobiologics and Bracing, a division of Biomet, Inc., 6
Upper Pond Avenue, Parsippany, New Jersey 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 5th day of November 2008

/s/ Elliott S. Kushner

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