Certified
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TAW-95634  /  NDS Surgical Imaging, LLC (San Jose, CA)

Petitioner Type: State
Impact Date: 01/30/2019
Filed Date: 01/31/2020
Most Recent Update: 03/20/2020
Determination Date: 03/20/2020
Expiration Date: 03/20/2022

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,634

NDS SURGICAL IMAGING, LLC
INCLUDING ON-SITE LEASED WORKERS FROM
RANDSTAD STAFFING, AEROTEK, AND ATR INTERNATIONAL INC.
SAN JOSE, CALIFORNIA

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;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on January 31, 2020 by a One-Stop Operator/Partner on
behalf of workers and former workers of NDS Surgical Imaging,
LLC, including on-site leased workers from Randstad Staffing,
Aerotek, and ATR International Inc., San Jose, California (NDS
Surgical Imaging). The workers' firm is engaged in activities
related to the production of medical monitors and monitor
stands, wireless video transmitters and receivers, and
operating room video equipment (medical imaging equipment).
During the course of the investigation, information was
collected from the petition and the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in NDS Surgical Imaging 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 articles
like or directly competitive with the medical imaging equipment
produced by the workers which contributed importantly to the
worker group separations at NDS Surgical Imaging.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NDS Surgical Imaging,
who are engaged in activities related to the production of
medical imaging equipment, 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 NDS Surgical Imaging, LLC, including on-
site leased workers from Randstad Staffing, Aerotek, and
ATR International Inc., San Jose, California, who became
totally or partially separated from employment on or after
January 30, 2019, 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 20th day of March 2020.

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