DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,982

SMITHS MEDICAL PM, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK AND SPHERION
WAUKESHA, WISCONSIN

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on April 23, 2010 on behalf of workers of Smiths Medical
PM, Inc., Waukesha, Wisconsin (Smiths Medical PM, Inc.).
Workers at the subject firm are engaged in activities related to
the production of medical devices (i.e. patient monitoring and
diagnostic equipment, and anesthesia delivery equipment). The
workers are not separately identifiable.
The worker group included on-site leased workers from
Aerotek and Spherion.
The investigation revealed that workers of Smiths Medical
PM, Inc., Waukesha, Wisconsin who are engaged in employment
related to the production of medical devices meet the criteria
for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the workers' firm have
become totally or partially separated during the relevant
period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of medical devices by Smiths Medical PM, Inc.
have decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with medical devices
produced by Smiths Medical PM, Inc. have increased.
Specifically, the Department of Labor conducted a survey of the
subject firm's major declining customers regarding their
purchases of medical devices during the relevant period. The
survey revealed increased customer reliance on imported medical
devices.
Finally, Section 222(a)(2)(A)(iii) has been met because
the increased imports of medical devices by customers of Smiths
Medical PM, Inc. contributed importantly to the worker group
separations and sales/production declines at Smiths Medical
PM, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Smiths Medical PM,
Inc., Waukesha, Wisconsin including on-site leased workers from
Aerotek and Spherion, who are engaged in activities related to
the production of medical devices 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 Smiths Medical PM, Inc., Waukesha,
Wisconsin, including on-site leased workers from Aerotek
and Spherion, who became totally or partially separated
from employment on or after April 14, 2009, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the 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 27th day of August, 2010.


/s/Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance