DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,262

ANALOGIC CORPORATION
OEM MEDICAL GROUP
A SUBSIDIARY OF ANALOGIC CORPORATION CONSOLIDATED
PEABODY, MASSACHUSETTS

TA-W-74,262A

ANALOGIC CORPORATION
SECURITY IMAGING SYSTEMS DIVISION
A SUBSIDIARY OF ANALOGIC CORPORATION CONSOLIDATED
PEABODY, MASSACHUSETTS


Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c)
or (f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:


I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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 in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm
must have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased.

(B) Shift in Production or Supply Path:
(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 increase in imports
or shift/acquisition must have contributed importantly to
the workers' separation or threat of separation. See
Sections 222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the
Act, 19 U.S.C. §§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).


Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms "Supplier" and "Downstream Producer." For the Department
to issue a secondary worker certification under Section 222(c)
of the Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm
under Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));
(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on June 17, 2010 by a Commonwealth of Massachusetts State
Workforce Agent on behalf of workers of Analogic Corporation,
OME Medical Group, a subsidiary of Analogic Corporation
Consolidated, Peabody, Massachusetts (TA-W-74,262) and Analogic
Corporation, Security Systems Division a subsidiary of Analogic
Corporation Consolidated, Peabody, Massachusetts (TA-W-74,262A).
The petition alleges that no part of "Analogic Corp" is
closing, that it is unknown how many workers have been or may be
separated, that the firm produces "airport security and medical
device products" but the petition is being filed on behalf of
"manufacturing employees of hoses" and that "manufacturing and
development operations have moved to China."
The investigation included communications with the
petitioner and appropriate company official(s) regarding
information pertaining to the worker groups.
The workers are engaged in employment related to the
production of imagining systems and subsystems used for the
medical and air travel industries; however, because the workers
are separately identifiable by article produced, workers covered
by TA-W-74,262 (Analogic Corporation-OME Medical Group) are
separate from workers covered by TA-W-74,262A (Analogic
Corporation-Security Systems Division). Workers of Analogic
Corporation-OME Medical Group (TA-W-74,262) are engaged in the
production of medical imaging systems and subsystems; workers of
Analogic Corporation-Security Systems Division (TA-W-74,262A)
are engaged in the production of security imaging systems.
With respect to Section 222(a) and Section 222(c) of the
Act, the investigation revealed that the worker group covered by
TA-W-74,262 (Analogic Corporation-OME Medical Group) did not
meet criterion (1). Neither a significant number nor proportion
of workers at Analogic Corporation-OME Medical Group has been
totally or partially separated, or threatened with such
separations. Rather, employment within Analogic Corporation-OME
Medical Group increased in 2009 from 2008 levels and increased
during January through June 2010 from January through June 2010
levels.
With respect to Section 222(a) of the Act, the
investigation revealed the worker group covered by TA-W-74,262A
(Analogic Corporation-Security Systems Division) did not meet
Criterion II because there was no increase in imports by
Analogic Corporation or its customers and no shift
to/acquisition from a foreign country by Analogic Corporation.
With respect to Section 222(c) of the Act, the
investigation revealed the worker group covered by TA-W-74,262A
(Analogic Corporation-Security Systems Division) did not meet
Criterion (2) because the workers did not produce a component
part or supply a service that was used by a firm (with a
worker group certified eligibly to apply for Trade Adjustment
Assistance) in production of an article or supply of a
services that was the basis for the certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been met by the
worker groups covered by TA-W-74,262 and TA-W-74,262A because
Analogic Corporation has not been identified by name in an
affirmative finding of injury by the U.S. International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Analogic Corporation,
OME Medical Group, a subsidiary of Analogic Corporation
Consolidated, Peabody, Massachusetts (TA-W-74,262) and Analogic
Corporation, Security Systems Division, a subsidiary of Analogic
Corporation Consolidated, Peabody, Massachusetts (TA-W-74,262A),
who are engaged in employment related to the production of
medical imagining systems and subsystems and security imagining
systems, are denied eligibility to apply for adjustment
assistance under Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 4th day of February 2011



/s/Del Min Amy Chen___________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance