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TAW-93957  /  Mallinckrodt Enterprises, LLC (Saint Louis, MO)

Petitioner Type: Union
Impact Date: 07/05/2017
Filed Date: 07/06/2018
Most Recent Update: 12/06/2018
Determination Date: 12/06/2018
Expiration Date: 12/06/2020

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,957

MALLINCKRODT ENTERPRISES, LLC
A SUBSIDIARY OF MALLINCKRODT PLC
ST. LOUIS, MISSOURI

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 July 6, 2018 by a union official from the International
Union, United Automobile, Aerospace, and Agricultural Implement
Workers of America (UAW), Local 1887, on behalf of workers of
Mallinckrodt Enterprises, LLC, a subsidiary of Mallinckrodt plc,
St. Louis, Missouri ("Mallinckrodt Enterprises, LLC"). The firm
is engaged in the activities related to production of various
active pharmaceutical ingredients for various pharmaceutical
products. The firm also produces final dosage medications for
prescription use of various medical aliments.
The worker group the subject of the investigation is
engaged in the activities related to the production of Ioversol,
an active pharmaceutical ingredient. The workers are separately
identifiable by product line.
During the course of the investigation, information was
collected from the workers' firm, the major declining
customer(s) of the workers' firm, and the petitioner.
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)(A)(i) has been met because the sales
and/or production of Ioversol, an active pharmaceutical
ingredient by Mallinckrodt Enterprises, LLC have decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of Ioversol, an active pharmaceutical ingredient like
or directly competitive with the article produced by
Mallinckrodt Enterprises, LLC have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the
worker group separations and sales/production declines at
Mallinckrodt Enterprises, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Mallinckrodt
Enterprises, LLC, a subsidiary of Mallinckrodt plc, St. Louis,
Missouri, who are engaged in activities related to the
production of Ioversol, an active pharmaceutical ingredient
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 Mallinckrodt Enterprises, LLC, a subsidiary
of Mallinckrodt plc, St. Louis, Missouri, engaged in
activities related to the production of Ioversol, an active
pharmaceutical ingredient, who became totally or partially
separated from employment on or after July 5, 2017 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 6th day of December 2018.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance