Petitioner Type: State
Impact Date: 07/20/2020
Filed Date: 07/21/2021
Most Recent Update: 01/05/2022
Determination Date: 01/05/2022
Expiration Date: 01/05/2024
Employment and Training Administration
TA-W-98,011
TERUMO BLOOD AND CELL TECHNOLOGIES
OPERATIONS DIVISION
TERUMO GROUP
LAKEWOOD, COLORADO
TA-W-98,011A
TERUMO BLOOD AND CELL TECHNOLOGIES
HQ DIVISION
TERUMO GROUP
LAKEWOOD, COLORADO
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Determinations Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
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 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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(B)(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 under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic 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
The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated July 20, 2021 and
filed on July 21, 2021 by a State Workforce Office, on behalf of
former workers of Terumo Blood and Cell Technologies, Operations
division, Terumo Group, Lakewood, Colorado (TA-W-98,011) and
Terumo Blood and Cell Technologies, HQ division, Terumo Group,
Lakewood, Colorado (TA-W-98,011A) (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 group of workers is engaged in activities related to the
production of blood and cell-related equipment and disposables.
The subject locations under review consist of two manufacturing
facilities for the Operations division (TA-W-98,011), and another
site for the HQ division (TA-W-98,011A), which manufactures
products in addition to supplying services that support production
processes for the Operations division.
The petition alleges that worker separations, or threats
thereof, were due to "Terumo BCT has experienced layoffs over the
past year. It was reported the company is shifting production to
Costa Rica. Terumo Medical Corporation, a subsidiary of Terumo
Corporation, was previously certified in Maryland, petition
58655. Certification indicated a decrease in production and
increase in imports of medical supplies."
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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 a shift in
production of blood and cell-related equipment and disposables to
a foreign country that is party to a free trade agreement with the
United States has occurred.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm(s) (TA-W-
98,011, and TA-W-98,011A) are 50 years of age or older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
at the HQ division (TA-W-98,011A) do not possess skills that are
easily transferable to other jobs within the workers' region.
Whereas, it was not met for workers of the Operations division
(TA-W-98,011) who do possess skills that are easily transferable
to other jobs within the workers' region.
The Department further determined that Section
246(a)(3)(A)(ii)(III) has been met for workers at the HQ division
(TA-W-98,011A) because conditions within the workers' industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Terumo Blood and Cell
Technologies, Operations division, Terumo Group, Lakewood,
Colorado (TA-W-98,011) and Terumo Blood and Cell Technologies, HQ
division, Terumo Group, Lakewood, Colorado (TA-W-98,011A), who are
engaged in activities related to the production of blood and cell-
related equipment and disposables and the supply of services
that support production processes, 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 Terumo Blood and Cell Technologies,
Operations division, Terumo Group, Lakewood, Colorado (TA-W-
98,011) and Terumo Blood and Cell Technologies, HQ division,
Terumo Group, Lakewood, Colorado (TA-W-98,011A), who became
totally or partially separated from employment on or after
July 20, 2020, 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, I determine that all workers
of Terumo Blood and Cell Technologies, HQ division, Terumo
Group, Lakewood, Colorado (TA-W-98,011A), are eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended; lastly, I
determine that all workers of Terumo Blood and Cell
Technologies, Operations division, Terumo Group, Lakewood,
Colorado (TA-W-98,011) are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 5th day of January, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance