DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,640

COVIDIEN LP
NORTH AMERICAN SHARED SERVICES GROUP
MANSFIELD, MASSACHUSETTS


Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated November 12, 2014,
resulted in a negative determination, issued on November 25, 2014,
that was based on the fact that the firm does not produce an
article. The determination was applicable to workers and former
workers of Covidien LP, North American Shared Services Group,
Mansfield, Massachusetts. The workers are engaged in activities
related to the supply of administrative support, customer
service, and related services for the subject firm.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have been met.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country the supply administrative
support, customer service, and related services like or directly
competitive with the services supplied by the workers, which
contributed importantly to worker group separations at the
subject firm.
Conclusion
After careful review, I determine that workers of Covidien
LP, North American Shared Services Group, Mansfield,
Massachusetts, who are engaged in activities related to the
supply of administrative support, customer service, and related
services, 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 Covidien LP, North American Shared Services
Group, Mansfield, Massachusetts who became totally or
partially separated from employment on or after November 10,
2013, 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 7th day of March, 2016


/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,640

COVIDIEN LP
NORTH AMERICAN SHARED SERVICES GROUP
MANSFIELD, MASSACHUSETTS

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated December 11, 2014, a separated
worker requested administrative reconsideration of
the Department of Labor's negative determination regarding
eligibility to apply for worker adjustment assistance,
applicable to workers and former workers of Covidien LP,
North American Shared Services Group, Mansfield, Massachusetts
(Subject Firm). The denial notice was signed on November 25,
2014, and the Notice of Determination was published in the
Federal Register on December 10, 2014 (79 FR 73338).

Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The initial investigation revealed that the subject firm
does not produce an article within the meaning of Section
222(a) or Section 222(b) of the Act. Rather, the investigation
revealed that the workers’ firm supplied services related to
administrative support and customer services. 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. The definition of a firm includes an individual
proprietorship, partnership, joint venture, association, corporation
(including a development corporation), business trust, cooperative,
trustee in bankruptcy, and receiver under decree of any court.
In the request for reconsideration, the petitioner stated that the
workers of the subject firm should be eligible for TAA because the
subject firm shifted to a foreign country the supply of like or
directly competitive services with those provided by the workers
of the subject firm.

The petitioner did not supply facts not previously considered;
nor provide additional documentation indicating that there was
either 1) a mistake in the determination of facts not previously
considered or 2) a misinterpretation of facts or of the law
justifying reconsideration of the initial determination. Based
on these findings, the Department determines that 29 CFR 90.18(c)
has not been met.

Conclusion

After careful review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of the
law or of the facts which would justify reconsideration of the
Department of Labor's prior decision. Accordingly, the application
is denied.

Signed in Washington, D.C., this 12th day of March, 2015


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,640

COVIDIEN LP
NORTH AMERICAN SHARED SERVICES GROUP
MANSFIELD, MASSACHUSETTS

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 ("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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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:
(1) 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 such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.


Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on November 12, 2014 by a company official on behalf of
workers of Covidien LP, North American Shared Services Group,
Mansfield, Massachusetts. The workers' firm is engaged in
activities related to the supply of administrative support and
customer services.
The petitioners claimed that jobs were outsourced to India
and Romania. During the course of the investigation, information
was collected from the workers' firm.
The investigation revealed that Covidien LP, North American
Shared Services Group, Mansfield, Massachusetts, does not produce
an article within the meaning of Section 222(a) or Section 222(b)
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. The definition
of a firm includes an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy,
and receiver under decree of any court.
During the investigation, the Department of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplied services related to
administrative support and customer services.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(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 Covidien LP, North
American Shared Services Group, Mansfield, Massachusetts engaged
in activities related to the supply of administrative support and
customer services 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 25th day of November, 2014.

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance