Petitioner Type: State
Impact Date: 07/23/2021
Filed Date: 02/18/2021
Most Recent Update: 03/21/2021
Determination Date: 03/03/2021
Expiration Date: 03/03/2023
Employment and Training Administration
TA-W-96,737
PHILIPS HEALTHCARE
INVIVOMANUFACTURING
GAINESVILLE, FLORIDA
Amended Certification Regarding Eligibility
to Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("Act"), 19 U.S.C.
§ 2273, the Department of Labor issued a Certification Regarding Eligibility to Apply for Trade
Adjustment Assistance for Workers on March 3, 2021 applicable to workers and former workers
of Philips Healthcare, InvivoManufacturing, Gainesville, Florida. The Department's Notice of
determination has yet to be published in the Federal Register.
The worker group is engaged in activities related to the production of medical devices that
enhance visibility of soft tissue, MRI coils and are not separately identifiable by product.
At the request of State Workforce Office, the Department reviewed the certification for the
worker group. The amendment request stated that the worker group is covered under a previous
determination, petition number TA-W-94,938, which expires on July 22, 2021.
A review of the information shows that the certification periods under petition numbers
TA-W-94,938 and TA-W-96,737 overlap. A correction is being issued to address this error.
The Department carefully reviewed the amendment request and the investigative record,
and has determined that a technical amendment is appropriate.
The amended Notice applicable to TA-W-96,737 is hereby issued as follows:
"All workers of Philips Healthcare, InvivoManufacturing, Gainesville, Florida, who
became totally or partially separated from employment on or after July 23, 2021, through
March 3, 2023, and all workers in the group threatened with total or partial separation from
employment on July 23, 2021 through March 3, 2023 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 21st day of March, 2021
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,737
PHILIPS HEALTHCARE
INVIVOMANUFACTURING
GAINESVILLE, FLORIDA
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated February 17, 2021
and filed on February 18, 2021 by a State Workforce Office, on behalf of workers and former
workers of Philips Healthcare, InvivoManufacturing, Gainesville, Florida (hereafter referred to as
the "worker group"). In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦
inclusive of teleworkers and staffed workers."
The worker group is engaged in activities related to the production of medical devices that
enhance visibility of soft tissue, MRI coils and are not separately identifiable by product.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, production is being shifted to India.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
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:
Employment Criterion
(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.
20 C.F.R. 618.225(b)(2)(i)(B) states that an "analysis of separation data must generally
consist of a: "(1) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual and
threatened separations that occur, or are scheduled to occur, after the petition date."
The Department determines that the employment criterion has been met.
Shift/Acquisition Criterion
(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production
of articles or the supply of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or
(II) such workers' firm has acquired from a foreign country articles or services that
are like or directly competitive with articles which are produced or services which
are supplied by such firm;
According to 20 C.F.R. 618.225(b)(2)(ii)(B), "Analysis of shift data must generally consist
of a: (1) Comparison of shift/acquisition data on the petition date to shift/acquisition data that is
1 year prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period
prior to the petition date; and (3) Review of evidence provided by the workers' firm regarding shift/
acquisition activity scheduled to occur after the petition date."
The Department determines that the shift criterion has been met.
Contributed Importantly Criterion
(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause."
According to 20 C.F.R. 618.225(b)(2)(iii), "(A) Analysis of impact of shift activity on
worker separations must generally consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the shift activity and worker separations
or threat of separation; (2) What percentage of the workers' firm sales or production declines was
attributable to the firm's shift activity; (3) Whether operations at the workers' firm domestic facility
or facilities decreased at the same or at a greater rate than operations at the foreign facility or
facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact
of shift activity on the workers' firm. (B) The impact may be determined using a quantitative or
qualitative analysis."
The Department determines that the contributed importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers
of Philips Healthcare, InvivoManufacturing, Gainesville, Florida, who are engaged in activities
related to the production of medical devices that enhance visibility of soft tissue, MRI coils 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 Philips Healthcare, InvivoManufacturing, Gainesville, Florida, who
became totally or partially separated from employment on or after February 17, 2020
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 3rd day of March, 2021.
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance