Certified
« back to search results

TAW-70455  /  Astellas US Technologies, Inc. (Grand Island, NY)

Petitioner Type: Workers
Impact Date: 05/19/2008
Filed Date: 05/22/2009
Most Recent Update: 09/11/2009
Determination Date: 09/11/2009
Expiration Date: 09/11/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,455

ASTELLAS US TECHNOLOGIES, INC.
FORMERLY KNOWN AS ASTELLAS PHARMA MANUFACTURING
A SUBSIDIARY OF ASTELLAS PHARMA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM SUPERIOR STAFFING
RESOURCES, REMEDY STAFFING, AND ADECCO TECHNICAL
GRAND ISLAND, NEW YORK

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 on behalf of workers of Astellas US
Technologies, Inc., formerly known as Astellas Pharma
Manufacturing, a subsidiary of Astellas Pharma, Inc., Grand
Island, New York. Workers at the facility were engaged in the
production of protopic (tacrolimus) ointment. The subject firm
also leased workers from Superior Staffing Resources, Remedy
Staffing, and Adecco Technical to work on-site at the Grand
Island facility.
The investigation revealed that workers of Astellas US
Technologies, Inc., formerly known as Astellas Pharma
Manufacturing, a subsidiary of Astellas Pharma, Inc., Grand
Island, New York engaged in employment related to the
production of protopic (tacrolimus) ointment meet the criteria
for certification.
Criterion I has been met because a significant number or
proportion of workers at the firm have been separated from
2007 to 2008, and during the period of January through May
2009 compared to the corresponding 2008 period.
Criterion II has been satisfied because there has been a
shift in production of protopic ointment to Japan.
Criterion III has been met because the shift in
production of protopic (tacrolimus) ointment to Japan by
Astellas U.S. Technologies contributed importantly to worker
group separations at Astellas US Technologies, Inc., formerly
known as Astellas Pharma Manufacturing, a subsidiary of Astellas
Pharma, Inc., Grand Island, New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Astellas US
Technologies, Inc., formerly known as Astellas Pharma
Manufacturing, a subsidiary of Astellas Pharma, Inc., Grand
Island, New York, including on-site leased workers from Superior
Staffing Resources, Remedy Staffing, and Adecco Technical, who
are engaged in activities related to the production of protopic
(tacrolimus) ointment 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 Astellas US Technologies, Inc.,
formerly known as Astellas Pharma Manufacturing, a
subsidiary of Astellas Pharma, Inc., Grand Island, New
York, including on-site leased workers from Superior
Staffing Resources, Remedy Staffing, and Adecco
Technical, who became totally or partially separated
from employment on or after May 19, 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 11th day of September,
2009.
/s/ Elliott S. Kushner
______________________________
ELLIOT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance