TAW-98148 / Philips Ultrasound Inc. and Philips North America LLC (Bothell, WA)
Petitioner Type: Workers
Impact Date: 12/14/2020
Filed Date: 12/15/2021
Most Recent Update: 02/08/2022
Determination Date: 02/08/2022
Expiration Date: 02/08/2024
Employment and Training Administration
TA-W-98,148
PHILIPS ULTRASOUND INC. AND
PHILIPS NORTH AMERICA LLC
WHICH ARE SUBSIDIARIES OF PHILIPS HOLDING USA
BOTHELL, WASHINGTON
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 December 14, 2021,
and filed on December 15, 2021, by two workers on behalf of former
workers of Philips Ultrasound Inc. and Philips North America
LLC, which are subsidiaries of Philips Holding USA, Bothell,
Washington (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 ultrasound devices and automated external
defibrillators.
The petition alleges that worker separations, or threats
thereof, were due to "Job functions are moving to India, resulting
in job loss/layoffs."
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 ultrasound devices to a foreign country has occurred
and there has been or is likely to be an increase in imports of
articles that are like or directly competitive with ultrasound
devices and automated external defibrillators produced by such
workers' firm.
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.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers' firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers' industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Philips Ultrasound Inc.
and Philips North America LLC, which are subsidiaries of Philips
Holding USA, Bothell, Washington, who are engaged in activities
related to the production of ultrasound devices and automated
external defibrillators, 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 Ultrasound Inc. and Philips North
America LLC, which are subsidiaries of Philips Holding USA,
Bothell, Washington, who became totally or partially
separated from employment on or after December 14, 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 are also eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 8th day of February, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance