DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,659

IDEV TECHNOLOGIES, INC.
A WHOLLY OWNED SUBISIDIARY OF ABBOTT VASCULAR
INCLUDING ON-SITE LEASED WORKERS FROM MEADOR STAFFING AND
TAPFIN/MANPOWER
WEBSTER, TEXAS

Notice of Negative 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 20, 2014,
resulted in a negative determination, issued on December 3, 2014,
that was based on no import increase and/or shift in production
to a foreign country. The determination was applicable to workers
and former workers of IDEV Technologies, Inc., a wholly owned
subsidiary of Abbott Vascular, Webster, Texas, including on-site
leased workers from Meador Staffing and Tapfin/Manpower. The
workers’ firm is engaged in activities related to the production of
stents for the treatment of Superficial Femoral Artery (SFA).
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that IDEV Technologies, Inc. did not
import articles like or directly competitive with stents.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of stents or a like or directly competitive article to a foreign
country or acquire stents or a like or directly competitive
article from a foreign country. Rather, the investigation
confirmed that stent production was shifted to another location
within the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that IDEV Technologies, Inc. is not a
Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that IDEV Technologies, Inc. does not act
as a Downstream Producer to a firm (or subdivision, whichever is
applicable) 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1) has not been met since the workers’ firm has not been publicly
identified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in an
affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of IDEV
Technologies, Inc., a wholly owned subsidiary of Abbott Vascular,
Webster, Texas, including on-site leased workers from Meador
Staffing and Tapfin/Manpower, who were engaged in employment
related to the production of stents to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.

Signed in Washington, D.C. this 10th day of February, 2016.

/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance



DEPARTMENT OF LABOR


Employment and Training Administration

TA-W-85,659

IDEV TECHNOLOGIES, INC.
A WHOLLY-OWNED SUBISIDIARY OF ABBOTT VASCULAR
INCLUDING ON-SITE LEASED WORKERS FROM
MEADOR STAFFING AND TAPFIN/MANPOWER
WEBSTER, TEXAS

Negative Determinations 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 20, 2014 by a State Workforce Office on
behalf of workers of IDEV Technologies, Inc., a wholly-owned
subsidiary of Abbott Vascular, Webster, Texas. The worker
group includes on-site leased workers from Meador Staffing and
Tapfin/Manpower. The workers' firm is engaged in activities
related to production of stents.
The petitioner alleged that the firm was acquired by
Abbott Vascular, which has a history of shifting stent
production to a foreign country, as evidenced by the
certification of TA-W-83,126. During the course of the
investigation, information was collected from the workers'
firm and petitioner.
With respect to Section 222(a)(2)(A), the investigation
revealed that imports of articles like or directly competitive
with stents did not contribute importantly to such workers'
separation or threat of separation and to the decline in sales
or production of such firm or subdivision.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm has not shifted
production of stents to a foreign country. Rather, the
investigation confirmed that stent production was shifted to
another location within the United States.
With respect to TA-W-83,126, workers of Abbott
Laboratories, Abbott Vascular Division, including on-site leased
workers from Tap-Fin, Temecula, California were certified based
on a shift in production of catheters to a foreign country,
which contributed importantly to worker separations in the
Abbott Vascular Division. Abbott Laboratories did produce stents
at that location, among other medical devices. The investigation
confirmed that the shift in production that led to the
certification of TA-W-83,126 is unrelated to the worker
separations at the Webster, Texas facility.
With respect to Section 222(b) of the Act, the
investigation revealed that IDEV Technologies, INC., Webster,
Texas is not 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).
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 IDEV
Technologies, Inc., a wholly-owned subsidiary of Abbott
Vascular, including on-site leased workers from Meador
Staffing and Tapfin/Manpower, Webster, Texas engaged in
activities related to the production of stents are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 3rd day of December 2014

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