DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,348

CARESTREAM HEALTH, INC.
ROCHESTER, NEW YORK

TA-W-94,348A

CARESTREAM HEALTH, INC.
GLOBAL CUSTOMER CARE UNIT
INCLUDING ON-SITE LEASED WORKERS FROM DATROSE AND MODIS
ROCHESTER, NEW YORK

Determinations 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), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (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; 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.

(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
(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; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
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(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), 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), the 1-year
period preceding the 1-year period described in
(ii) paragraph (2).

The investigation was initiated in response to a petition
filed on November 20, 2018 by a state workforce office on
behalf of workers of Carestream Health, Inc., Rochester, New
York, engaged in the activities related to the production of
medical imaging systems and IT solutions; X-ray imaging systems
for non-destructive testing; and advanced materials for the
precision film and electronic markets (TA-W-94,348) and
Carestream Health, Inc., Global Customer Care Unit, Rochester,
New York, engaged in activities related to the supply of
servicing services of Carestream equipment and systems sold to
and in use by our customers in the U.S (TA-W-94,348A). For TA-W-
94,348A, the subject worker group includes on-site leased
workers from Datrose and Modis.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
TA-W-94,348
The investigation revealed that workers of Carestream
Health, Inc., Rochester, New York, met the criteria for
certification.
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 production of an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Carestream Health, Inc., Rochester, New York.
TA-W-94,348A
The investigation revealed that workers of Carestream
Health, Inc., Global Customer Care Unit, including on-site
leased workers from Datrose and Modis, Rochester, New York, do
not meet the criteria for certification.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Carestream Health, Inc., Global
Customer Care Unit, including on-site leased workers from
Datrose and Modis, Rochester, New York has not experienced a
decline in the sales or supply of servicing services of
Carestream equipment and systems sold to and in use by our
customers in the U.S. during the relevant period under
investigation (2016, 2017, and for the period of January
through October 2018).
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply
of servicing services of Carestream equipment and systems
sold to and in use by our customers in the U.S. services to a
foreign country or acquire supply of servicing services of
Carestream equipment and systems sold to and in use by our
customers in the U.S. services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Carestream Health, Inc., Global
Customer Care Unit, including on-site leased workers from
Datrose and Modis, Rochester, New York 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 Carestream Health, Inc., Global
Customer Care Unit, including on-site leased workers from
Datrose and Modis, Rochester, New York does not act as a
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).
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 of the facts obtained in the
investigation, I determine that workers of Carestream Health,
Inc., Rochester, New York (TA-W-94,348), who are engaged in
activities related to the production of medical imaging systems
and IT solutions; X-ray imaging systems for non-destructive
testing; and advanced materials for the precision film and
electronic markets 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 Carestream Health, Inc., Rochester, New
York (TA-W-94,348), who became totally or partially
separated from employment on or after November 19, 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."
Furthermore, after careful review of the facts obtained in
the investigation, 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 Carestream
Health, Inc., Global Customer Care Unit, including on-site
leased workers from Datrose and Modis, Rochester, New York (TA-
W-94,348A), engaged in activities related to the supply of
servicing services of Carestream equipment and systems sold to
and in use by our customers in the U.S to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 25th day of June 2019.

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