Petitioner Type: Company
Impact Date: 02/18/2001
Filed Date: 03/18/2002
Most Recent Update: 04/11/2002
Determination Date: 04/11/2002
Expiration Date: 05/31/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,086
ABBOTT LABORATORIES
LAURINBURG, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By application of May 1, 2002, the company requested
administrative reconsideration regarding the Department=s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination, based on the finding that imports of medical
equipment (IV units, surgical kits, trays etc.) did not
contribute importantly to worker separations at the subject
plant. The denial notice was signed on April 11, 2002 and
published in the Federal Register on April 24, 2002 (67 FR
20166).
The company requested reconsideration based on a
misunderstanding of the "Business Confidential Data Request Form"
they supplied the Department of Labor. The company failed to
supply quantities and timing of products that are being imported
back to the United States.
A review of import data supplied by the company on
administrative reconsideration shows that the company began
importing medical equipment "like or directly competitive" with
products produced at the subject plant during the relevant
period.
Conclusion
After careful consideration of the new facts obtained on
reconsideration, it is concluded that increased imports of
medical equipment, contributed importantly to the decline in
production and to the total or partial separation of workers at
Abbott Laboratories, Laurinburg, North Carolina. In accordance
with the provisions of the Act, I make the following revised
determination:
"All workers of Abbott Laboratories, Laurinburg, North
Carolina, who became totally or partially separated from
employment on or after February 18, 2001 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974."
Signed in Washington, D.C. this 31st day of May 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,086
ABBOTT LABORATORIES
LAURINBURG, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on March 18, 2002, in
response to a petition filed by the company on behalf of workers
at Abbott Laboratories, Laurinburg, North Carolina. The workers
produce medical equipment (IV units, surgical kits and trays).
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm is shifting
production of medical equipment to Costa Rica, but is currently
not importing.
Conclusion
After careful review, I determine that all workers at Abbott
Laboratories, Laurinburg, North Carolina, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 11th day of April, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,086
ABBOTT LABORATORIES
LAURINBURG, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By application of May 1, 2002, the company requested
administrative reconsideration regarding the Department=s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination, based on the finding that imports of medical
equipment (IV units, surgical kits, trays etc.) did not
contribute importantly to worker separations at the subject
plant. The denial notice was signed on April 11, 2002 and
published in the Federal Register on April 24, 2002 (67 FR
20166).
The company requested reconsideration based on a
misunderstanding of the "Business Confidential Data Request Form"
they supplied the Department of Labor. The company failed to
supply quantities and timing of products that are being imported
back to the United States.
A review of import data supplied by the company on
administrative reconsideration shows that the company began
importing medical equipment "like or directly competitive" with
products produced at the subject plant during the relevant
period.
Conclusion
After careful consideration of the new facts obtained on
reconsideration, it is concluded that increased imports of
medical equipment, contributed importantly to the decline in
production and to the total or partial separation of workers at
Abbott Laboratories, Laurinburg, North Carolina. In accordance
with the provisions of the Act, I make the following revised
determination:
"All workers of Abbott Laboratories, Laurinburg, North
Carolina, who became totally or partially separated from
employment on or after February 18, 2001 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974."
Signed in Washington, D.C. this 31st day of May 2002.
/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,086
ABBOTT LABORATORIES
LAURINBURG, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on March 18, 2002, in
response to a petition filed by the company on behalf of workers
at Abbott Laboratories, Laurinburg, North Carolina. The workers
produce medical equipment (IV units, surgical kits and trays).
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm is shifting
production of medical equipment to Costa Rica, but is currently
not importing.
Conclusion
After careful review, I determine that all workers at Abbott
Laboratories, Laurinburg, North Carolina, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 11th day of April, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance