UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,257

NEUWAVE MEDICAL INC.

SUPPLY CHAIN/OPERATIONS DIVISION

A SUBSIDIARY OF ETHICON ENDO SURGERY

A SUBSIDIARY OF ETHICON INC.

A SUBSIDIARY OF JOHNSON & JOHNSON

MADISON, WISCONSIN

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 April 12, 2022 and filed
on April 13, 2022, by a State Workforce Office on behalf of former
workers of NeuWave Medical Inc., Supply Chain/Operations Division,
a subsidiary of Ethicon Endo Surgery, a subsidiary of Ethicon
Inc., a subsidiary of Johnson & Johnson, Madison, Wisconsin
(hereafter referred to as "worker group" or "NeuWave-Supply
Chain/Operations, Madison"). In accordance with 20 C.F.R. 618.110 a
worker group is defined as, ""¦inclusive of teleworkers and staffed
workers." Workers of NeuWave-Supply Chain/Operations, Madison are
engaged in activities related to the production of electromedical
and electrotherapeutic apparatus and surgical medical instruments.

The petition alleges that worker separations, or threats
thereof, were due to the shift in production by the workers' firm to
a foreign country.

During the course of the investigation, the Department
collected information from the petitioner and the workers' firm.

Section 222(a)(1) has been met because a significant number or
proportion of the workers in NeuWave-Supply Chain/Operations,

Madison 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 articles like or directly competitive
with those produce at NeuWave-Supply Chain/Operations, Madison 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 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 NeuWave-Supply
Chain/Operations, Madison 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 NeuWave-Supply
Chain/Operations, Madison, who are engaged in activities related to
the production of electromedical and electrotherapeutic apparatus
and surgical medical instruments, 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 NeuWave Medical Inc., Supply Chain/Operations
Division, a subsidiary of Ethicon Endo Surgery, a subsidiary
of Ethicon Inc., a subsidiary of Johnson & Johnson, Madison,
Wisconsin, who became totally or partially separated from
employment on or after April 12, 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, as amended."

Signed in Washington, D. C. this 11th day of May, 2022


/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance