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TAW-98261  /  Medtronic PLC (Warsaw, IN)

Petitioner Type: State
Impact Date: 04/24/2022
Filed Date: 04/14/2022
Most Recent Update: 05/25/2022
Determination Date: 05/25/2022
Expiration Date: 05/25/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,261

MEDTRONIC PLC

METALS PROCESSING PLATFORM DIVISION

WARSAW, INDIANA

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 increasein imports of articles that are like or directlycompetitive with articles which are or were produced bysuch 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 14, 2022 and
filed on April 13, 2022 by a State Workforce Office, on behalf of
former workers of Medtronic PLC, Metals Processing Platform
division, Warsaw, Indiana. In accordance with 20 CFR 618.110 a
worker group is defined as, ""¦inclusive of teleworkers and staffed
workers."

The group of workers is engaged in activities related to the
production of implantable spinal devices and are not separately
identifiable by article produced.

Workers of Medtronic PLC, Metals Processing Platform
division, Warsaw, Indiana were covered under a previous
determination under petition number TA-W-95,858 which expired
April 23, 2022.

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), 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 partial shift
in production of implantable spinal devices 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 theworkers' firm are 50 years of age or older;
(II)Whether the workers in the workers' firm possessskills that are not easily transferable; and
(III)The competitive conditions within the workers'industry (i.e., conditions within the industryare adverse).



The Department has determined that criterion (II), section
246(a)(3)(A)(ii)(II), has not been met because workers in the
workers' firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Medtronic PLC, Metals
Processing Platform division, Warsaw, Indiana, engaged in
activities related to the production of implantable spinal
devices, 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 Medtronic PLC, Metals Processing Platform
division, Warsaw, Indiana, who became totally or partially
separated from employment on or after April 24, 2022, 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 Medtronic PLC, Metals Processing Platform
division, Warsaw, Indiana, 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 25th day of May, 2022.



/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance