DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,000

CONMED ELECTROSURGERY
EL PASO, TEXAS

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 January 27, 2009 in
response to a petition filed by a company official on behalf of
workers at ConMed Electrosurgery, El Paso, Texas. Workers are
primarily engaged in warehousing, planning, engineering, quality
control, and distribution services.
The investigation revealed that ConMed Electrosurgery, El
Paso, Texas does not produce an article within the meaning of
Section 222(a)(2) of the Act. 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 and
there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate
subdivision. The subject worker group does not support a firm
or appropriate subdivision that produces an article domestically
and thus the worker group can not 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 ConMed
Electrosurgery, El Paso, Texas 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 6th day of March 2009.

/s/ Elliott S. Kushner

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