Petitioner Type: State
Impact Date: 05/06/2021
Filed Date: 05/09/2022
Most Recent Update: 06/17/2022
Determination Date: 06/17/2022
Expiration Date: 06/17/2024
Employment and Training Administration
TA-W-98,289
STRYKER EMPLOYMENT COMPANY, LLC
STRYKER SUSTAINABILITY SOLUTIONS DIVISION
LAKELAND, FLORIDA
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 May 6, 2022 and filed
on May 9, 2022 by a state workforce office, on behalf of former
workers of Stryker Employment Company, LLC, Stryker Sustainability
Solutions Division, Lakeland, Florida (hereafter referred to as
the "worker group" or "Stryker/Sustainability Solutions-Lakeland").
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 single-use
medical devices. The petition alleges that worker separations, or
threats thereof, were due to foreign trade.
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 Stryker/Sustainability Solutions-
Lakeland 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 single-use medical devices, or like
or directly competitive articles, to a country party which is a
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
(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).
The Department has further determined that Section
246(a)(3)(A)(ii)(II) has not been met. The investigation revealed
that the workers in Stryker/Sustainability Solutions-Lakeland
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Stryker/Sustainability
Solutions-Lakeland, who are engaged in activities related to the
production of single-use medical 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 Stryker Employment Company, LLC, Stryker
Sustainability Solutions Division, Lakeland, Florida, who
became totally or partially separated from employment on or
after May 6, 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 I further determine that all workers of
Stryker Employment Company, Stryker Sustainability Solutions
Division, Lakeland, Florida 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 17th day of June, 2022
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance