DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,304

BIOVAIL LABORATORIES INTERNATIONAL, SRL
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER, CTS
BARCELONETA, KELLY CAROLINA AND CTS SANTURCE
DORADO, PUERTO RICO

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; or
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 19, 2009 by a Puerto Rico Workforce Office
official on behalf of workers of Biovail Laboratories
International, SRL, Dorado, Puerto Rico. The worker group
includes on-site leased workers from Manpower, CTS Barceloneta,
Kelly Carolina and CTS Santurce. The workers produce
pharmaceuticals.
The investigation revealed that workers of Biovail
Laboratories who are engaged in employment related to
production of pharmaceuticals meet the criteria for
certification.
Criterion I has been met because a significant number of
the workers have already been separated and further
separations are expected.
Criterion II has been satisfied because the workers' firm
is shifting production to a Canadian affiliate.
Criterion III has been met because the shift of
production of pharmaceuticals to Canada by Biovail
laboratories contributed importantly to worker group
separations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Biovail Laboratories
International, SRL, Dorado, Puerto Rico who are engaged in
employment related to production of pharmaceuticals meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Biovail Laboratories International, SRL,
including on-site leased workers from Manpower, CTS
Barceloneta, Kelly Carolina and CTS Santurce, Dorado,
Puerto Rico, who became totally or partially separated from
employment on or after May 18, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 6th day of July, 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance