Petitioner Type: State
Impact Date: 01/11/2021
Filed Date: 01/12/2022
Most Recent Update: 02/09/2022
Determination Date: 02/09/2022
Expiration Date: 02/09/2024
Employment and Training Administration
TA-W-98,161
PROTEK MEDICAL SUPPLIES, INC.
A WHOLLY OWNED SUBSIDIARY OF ASPEN SURGICAL PRODUCTS, INC.
CORALVILLE, IOWA
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 January 11, 2022 and
filed on January 12, 2022, by a State Workforce Office on behalf of
former workers of Protek Medical Supplies, Inc., a wholly owned
subsidiary of Aspen Surgical Products, Inc., Coralville, Iowa
(hereafter referred to as the "Protek Medical"). 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 surgical disposal supplies.
The petition alleges that worker separations, or threats thereof,
were due to a shift in production to a foreign country.
During the course of the investigation, the Department
collected information from the petitioner(s) and the workers' firm.
Although the petition identifies the workers' firm as Aspen Surgical
Products, Inc., the investigation revealed that the workers' firm is
Protek Medical Products, Inc., a wholly owned subsidiary of Aspen
Surgical Products, Inc.
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 the workers' firm
has shifted production 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
("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 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).
The Department has determined that criterion II has not been
met. The investigation revealed the workers in the workers' firm do
not possess skills that are not easily transferable.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of Protek Medical, who are engaged in
activities related to the production of surgical disposal supplies,
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 Protek Medical Supplies, Inc., a wholly owned
subsidiary of Aspen Surgical Products, Inc., Coralville,
Iowa, who became totally or partially separated from employment
on or after January 11, 2021, 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 not eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 9th day of February, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance