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TAW-98104  /  Baxter Healthcare, Integrated Supply Chain & Quality Division (Brooklyn Park, MN)

Petitioner Type: State
Impact Date: 11/02/2020
Filed Date: 11/03/2021
Most Recent Update: 02/09/2022
Determination Date: 02/09/2022
Expiration Date: 02/09/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,104

BAXTER HEALTHCARE

INTEGRATED SUPPLY CHAIN AND QUALITY DIVISION

INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER

GAMBRO UF SOLUTIONS

BROOKLYN PARK, MINNESOTA

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination 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 November 2, 2021 and
filed on November 3, 2021 by a State Workforce Office, on behalf
of former workers of Baxter Healthcare, Integrated Supply Chain
and Quality division, Brooklyn Park, Minnesota (hereafter
referred to as the "worker group"). The worker group also consists
of workers whose wages were reported under Gambro UF Solutions.
In accordance with 20 CFR 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 acute renal care products.

The petition alleges that worker separations, or threats
thereof, were due to "Production is moving to Italy."

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 acute renal care products 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 are 50 years of
age or older.

The Department has further determined that Section
246(a)(3)(A)(ii) (II) has not been met. The investigation revealed
that the workers in the workers' firm possess skills that are
easily transferable to other jobs within the workers' region.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Baxter Healthcare,
Integrated Supply Chain and Quality division, including workers
whose wages were reported under Gambro UF Solutions, Brooklyn Park,
Minnesota, who are engaged in activities related to the production
of acute renal care products 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 Baxter Healthcare, Integrated Supply Chain
and Quality division, including workers whose wages were
reported under Gambro UF Solutions, Brooklyn Park, Minnesota,
who became totally or partially separated from employment on
or after November 2, 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; and I further determine that all workers of
Baxter Healthcare, Integrated Supply Chain and Quality
division, including workers whose wages were reported under

Gambro UF Solutions, Brooklyn Park, Minnesota 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 9th day of February, 2022



/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance