TAW-98151 / Medline Industries, LP, Sterile Procedure Tray (Temecula, CA)
Petitioner Type: State
Impact Date: 12/16/2020
Filed Date: 12/17/2021
Most Recent Update: 06/09/2022
Determination Date: 06/09/2022
Expiration Date: 06/09/2024
Employment and Training Administration
TA-W-98,151
MEDLINE INDUSTRIES, LP
STERILE PROCEDURE TRAY DIVISION
TEMECULA, CALIFORNIA
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 December 16, 2021
and filed on December 17, 2021 by a State workforce official on
behalf of former workers of Medline Industries, LP, Sterile
Procedure Tray Division, Temecula, California (hereafter
referred to as the "worker group" or "Medline-Temecula"). 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
sterile procedure trays.
The petition alleges that worker separations, or threats
thereof, at Medline-Temecula were due to a shift in production
to Mexico.
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 Medline-Temecula 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 the production of an article like or directly
competitive with the sterile procedure trays produced at
Medline-Temecula to a foreign country that is party to a free
trade agreement with the United States.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended (the 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)(II) has not been met because the
workers in Medline-Temecula possess skills that are easily
transferrable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Medline-Temecula, who
are engaged in activities related to the production of sterile
procedure trays, 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 Medline Industries, LP, Sterile Procedure
Tray Division, Temecula, California, who became totally or
partially separated from employment on or after December
16, 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;
however, the worker group is not 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 9th day of June, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance