Medtronic, Inc. Cardiovascular Division, Santa Rosa, CA; Notice of Revised Determination on Remand, 22173-22175 [E8-8978]
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Federal Register / Vol. 73, No. 80 / Thursday, April 24, 2008 / Notices
of the law justified reconsideration of
the decision.
The negative TAA determination
issued by the Department for workers of
Nortel Networks Corporation, Global
Order Fulfillment, Research Triangle
Park, North Carolina was based on the
finding that the worker group does not
produce an article within the meaning
of Section 222 of the Trade Act of 1974.
The petitioner states that the
determination document incorrectly
describes activities performed by the
workers of the subject firm. The
petitioner states that the workers
fulfilled customer orders for
telecommunications network
‘‘solutions’’ and not ‘‘software.’’
The change in the description of the
activities from ‘‘software’’ to ‘‘solutions’’
does not change the fact that the
workers of the subject firm do not
produce an article and do not directly
support production of any kind. The
investigation revealed that the workers
of the subject firm receive, monitor the
progression and process customer
orders, collect data and ensure its
accuracy and fulfillment. These
activities do not constitute production
of an article within the meaning of
Section 222 of the Trade Act of 1974.
The petitioner did not supply facts
not previously considered; nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) has not
been met.
Conclusion
sroberts on PROD1PC70 with NOTICES
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 25th day of
March 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–8979 Filed 4–23–08; 8:45 am]
BILLING CODE 4510–FN–P
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–62,688]
SEI Data, Inc., a Subsidiary of SEI
Communications, Dillsboro, IN; Notice
of Negative Determination Regarding
Application for Reconsideration
By application dated March 7, 2008,
a petitioner requested administrative
reconsideration of the Department’s
negative determination regarding
eligibility to apply for Trade Adjustment
Assistance (TAA), applicable to workers
and former workers of the subject firm.
The denial notice was signed on
February 7, 2008 and published in the
Federal Register on February 22, 2008
(73 FR 9836).
Pursuant to 29 CFR 90.18(c)
reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts
not previously considered that the
determination complained of was
erroneous;
(2) If it appears that the determination
complained of was based on a mistake
in the determination of facts not
previously considered; or
(3) If in the opinion of the Certifying
Officer, a misinterpretation of facts or of
the law justified reconsideration of the
decision.
The negative TAA determination
issued by the Department for workers of
SEI Data, Inc., a subsidiary of SEI
Communications, Dillsboro, Indiana
was based on the finding that the
worker group does not produce an
article within the meaning of Section
222 of the Trade Act of 1974.
The petitioner states that employment
at the subject firm was negatively
impacted by a shift of job functions to
Canada. The petitioner further states
that regardless whether workers of the
subject firm produce a product or
provide services, they should be
certified eligible for Trade Adjustment
Assistance.
The investigation revealed that the
workers of SEI Communications,
Dillsboro, Indiana are engaged in
activities related to providing technical
support for Internet and telephone
services. These functions, as described
above, are not considered production of
an article within the meaning of Section
222 of the Trade Act of 1974.
The allegation of a shift to another
country might be relevant if it was
determined that workers of the subject
firm produced an article. Since the
investigation determined that workers of
SEI Communications, Dillsboro, Indiana
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22173
do not produce an article however, there
cannot be imports nor a shift in
production of an ‘‘article’’ abroad within
the meaning of the Trade Act of 1974 in
this instance.
The petitioner did not supply facts
not previously considered nor provide
additional documentation indicating
that there was either (1) a mistake in the
determination of facts not previously
considered or (2) a misinterpretation of
facts or of the law justifying
reconsideration of the initial
determination.
After careful review of the request for
reconsideration, the Department
determines that 29 CFR 90.18(c) has not
been met.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 28th day of
March 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–8982 Filed 4–23–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–61, 696]
Medtronic, Inc. Cardiovascular
Division, Santa Rosa, CA; Notice of
Revised Determination on Remand
On February 27, 2008, the United
States Court of International Trade
(USCIT) granted the Department of
Labor’s motion for voluntary remand for
further investigation in Former
Employees of Medtronic, Inc. v. United
States, Court No. 07–362.
The worker-filed petition for Trade
Adjustment Assistance (TAA) and
Alternative Trade Adjustment
Assistance (ATAA), dated June 14,
2007, alleged that the subject workers
produced ‘‘medical stents’’ and that the
subject firm shifted production to a
foreign country. Petitioners did not
identify the foreign country to which
production shifted.
On July 19, 2007, the Department of
Labor (Department) issued a negative
determination regarding eligibility to
apply for TAA/ATAA for workers and
former workers of Medtronic, Inc.,
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24APN1
sroberts on PROD1PC70 with NOTICES
22174
Federal Register / Vol. 73, No. 80 / Thursday, April 24, 2008 / Notices
Cardiovascular Division, Santa Rosa,
California (the subject firm). The initial
investigation revealed that the subject
workers produced cardiovascular stents
and that, during the relevant period, the
subject firm did not import
cardiovascular stents and did not shift
production to a foreign firm. A survey
of the subject firm’s major declining
domestic customers was not conducted
because the subject firm sold its stents
to an affiliated, foreign facility. The
Department’s Notice of negative
determination was published in the
Federal Register on August 2, 2007 (72
FR 42436).
In the request for reconsideration,
dated August 7, 2007, the petitioning
workers alleged that production ‘‘was
indeed shifted to a foreign country,
Ireland, based on the information we
received from’’ the subject firm. The
Department issued a Notice of
Affirmative Determination Regarding
Application for Reconsideration on
August 16, 2007. The Notice was
published in the Federal Register on
August 27, 2007 (72 FR 49026).
On September 11, 2007, the
Department issued a negative
determination on reconsideration
stating that Section (a)(2)(B) of the Trade
Act of 1974, as amended, was not met.
The negative determination was based
on the Department’s findings that, while
the subject firm did shift cardiovascular
stent production to Ireland, as alleged,
Ireland does not have a free trade
agreement with the United States and is
not named as a beneficiary country
under the Andean Trade Preference Act,
the African Growth and Opportunity
Act or the Caribbean Basin Economic
Recovery Act, and that, following the
shift of production, the subject firm did
not import or plan to import articles like
or directly competitive with those
produced at the subject firm. The
Department’s Notice of negative
determination on reconsideration was
published in the Federal Register on
September 21, 2007 (72 FR 54074).
In their complaint to the USCIT, dated
October 3, 2007, the Plaintiffs made the
same allegation they made in the
request for reconsideration—that
production shifted to Ireland—and two
new allegations—that production
shifted to Mexico and that the subject
firm shifted production to a foreign
country and will import stents like or
directly competitive with those
produced at the subject firm
(‘‘Medtronic’s is awaiting FDA approval
of their Drug Eluding Stents (DES)
* * * the DES will be made available to
the medical markets in the United
States’’).
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In order to be certified under Section
(a)(2)(B) of the Trade Act of 1974, as
amended, the Department must
determine that the following was
satisfied:
A. 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; and
B. 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
C. One of the following must be satisfied:
1. 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; or
2. The country to which the workers’ firm
has shifted production of the articles is a
beneficiary country under the Andean Trade
Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. 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.
During the remand investigation, the
Department confirmed that
cardiovascular stent production shifted
from the Medtronic facility in Santa
Rosa, California, to Galway, Ireland, and
did not shift to Mexico. Accordingly,
the Department determines that Section
(a)(2)(B)(A) and Section (a)(2)(B)(B) have
been met, and that Section
(a)(2)(B)(C)(1) and Section (a)(2)(B)(C)(2)
have not been met. Consequently, in
order to be certified as eligible to apply
for TAA, the Department must
determine that the petitioning worker
group satisfies Section (a)(2)(B)(C)(3).
The Department obtained new
information during the remand
investigation that, after the Department
issued its negative determination on
reconsideration, the U.S. Food and Drug
Administration (FDA) approved
Medtronic’s application for approval of
a drug-eluding cardiovascular stent to
be used in the United States.
On February 1, 2008, Medtronic
issued a news release stating that the
FDA-approved DES, Endeavor,
‘‘provides a consistent and sustained
reduction in the need for repeat
procedures compared to a bare-metal
stent’’ and that ‘‘The U.S. market launch
of the Endeavor stent begins
immediately.’’ The news release further
states that, prior to FDA approval of the
DES, Medtronic has been ‘‘strengthening
our field and manufacturing capabilities
in anticipation of considerable demand
for the Endeavor stent in the United
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Fmt 4703
Sfmt 4703
States’’ and that Medtronic plans to
‘‘ship 100,000 units to U.S. hospitals in
the next 30 days to assure full
availability of this next-generation
technology.’’
During the remand investigation, the
Department conducted an industry
research of cardiovascular stents. The
Department’s research revealed that
bare-metal stents function similarly to
drug-eluding stents in that both devices
are tiny mesh tubes used to keep open
arteries to increase or restore blood flow
to the heart muscle. The two devices
differ in that the DES delivers
medication that reduces the probability
that blockages will reform in the artery,
while the bare-metal stent is a static,
structural device. Accordingly, the
Department determines that drugeluding cardiovascular stents are like
and directly competitive with baremetal cardiovascular stents.
As the result of the remand
investigation, the Department
determined that there was a shift in
production by the subject firm to a
foreign country of articles like or
directly competitive with the
cardiovascular stents produced by the
subject firm and that, following the shift
of production to a foreign country, there
is an increase in imports (actual or
likely) by Medtronic, Inc. of articles that
are like or directly competitive with the
article produced at the subject firm.
In accordance with Section 246 of the
Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department herein
presents the results of its investigation
regarding certification of eligibility to
apply for ATAA. The Department has
determined in this case that the group
eligibility requirements of Section 246
have been met.
A significant number of workers at the
firm are age 50 or over and possess
skills that are not easily transferable.
Competitive conditions within the
industry are adverse.
Conclusion
After careful review of the facts
generated through the remand
investigation, I determine that there was
a total or partial separation of a
significant number or proportion of
workers at the subject firm, and that
there was a shift in production to a
foreign country followed by likely
increased imports of articles like or
directly competitive with cardiovascular
stents produced at the subject firm.
In accordance with the provisions of
the Act, I make the following
certification:
All workers of Medtronic, Inc.,
Cardiovascular Division, Santa Rosa,
California, who became totally or partially
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22175
Federal Register / Vol. 73, No. 80 / Thursday, April 24, 2008 / Notices
separated from employment on or after June
14, 2006, through two years from the
issuance of this revised determination, are
eligible to apply for Trade Adjustment
Assistance under Section 223 of the Trade
Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.
Signed at Washington, DC, this 25th day of
March 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–8978 Filed 4–23–08; 8:45 am]
BILLING CODE 4510–FN–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Workforce Investment Act of 1998
(WIA); Notice of Incentive Funding
Availability Based on Program Year
(PY) 2006 Performance
Employment and Training
Administration, Labor.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of Labor, in
collaboration with the Department of
Education, announces that eight states
are eligible to apply for Workforce
Investment Act (WIA) (Pub. L. 105–220,
29 U.S.C. 2801 et seq.) incentive awards
authorized by section 503 of the WIA.
DATES: The eight eligible states must
submit their applications for incentive
funding to the Department of Labor by
June 9, 2008.
ADDRESSES: Submit applications to the
Employment and Training
Administration, Office of Performance
and Technology, 200 Constitution
Avenue, NW., Room S–5206,
Washington, DC 20210, Attention:
Karen Staha and Traci DiMartini,
Telephone number: 202–693–3698 (this
is not a toll-free number). Fax: 202–693–
3490. E-mail: staha.karen@dol.gov and
dimartini.traci@dol.gov. Information
may also be found at the ETA
Performance Web site: https://
www.doleta.gov/performance.
SUPPLEMENTARY INFORMATION: Eight (8)
states (see Appendix) qualify to receive
a share of the $9.9 million available for
incentive grant awards under WIA
section 503. These funds, which were
contributed by the Department of
Education from appropriations for the
Adult Education and Family Literacy
Act, are available for the eligible states
to use through June 30, 2010, to support
innovative workforce development and
education activities that are authorized
under title I (Workforce Investment
Systems) or title II (the Adult Education
and Family Literacy Act (AEFLA)) of
WIA, or under the Carl D. Perkins
Career and Technical Education Act of
2006 (Perkins IV), 20 U.S.C. 2301 et
seq., as amended by Public Law 109–
270. In order to qualify for a grant
award, a state must have exceeded
performance levels agreed to by the
Secretaries, Governor, and State
Education Officer for outcomes in WIA
title I, adult education (AEFLA), and
career and technical education (Perkins
III) programs. The goals included
placement after training, retention in
employment, and improvements in
literacy levels, among other measures.
After review of the performance data
submitted by states to the Department of
Labor and to the Department of
Education, each Department determined
which states would qualify for
incentives for its programs (the
Appendix at the bottom of this notice
details the eligibility of each state by
program). These lists of eligible states
were compared, and states that qualified
under all three programs are eligible to
apply for and receive an incentive grant
award. The amount that each state is
eligible to receive was determined by
the Department of Labor and the
Department of Education and is based
on WIA section 503(c) (20 U.S.C.
9273(c)), and is proportional to the total
funding received by these states for the
three Acts.
The states eligible to apply for
incentive grant awards and the amounts
they are eligible to receive are listed in
the following chart:
State
1.
2.
3.
4.
5.
6.
7.
8.
Amount of award
Arizona .......................
Connecticut .................
Illinois ..........................
Missouri ......................
Montana ......................
Ohio ............................
South Carolina ............
South Dakota ..............
$1,112,979
953,347
2,148,397
1,186,870
849,786
1,783,568
1,111,549
821,995
Dated: April 17, 2008.
Brent R. Orrell,
Acting Assistant Secretary for Employment
and Training.
Appendix
Incentive grants PY 2006–07 exceeded state performance levels
WIA (title I)
sroberts on PROD1PC70 with NOTICES
State
Alabama ...........................................................................................................
Alaska ..............................................................................................................
Arizona ............................................................................................................
Arkansas ..........................................................................................................
California ..........................................................................................................
Colorado ..........................................................................................................
Connecticut ....................................................................................................
District of Columbia .........................................................................................
Delaware ..........................................................................................................
Florida ..............................................................................................................
Georgia ............................................................................................................
Hawaii ..............................................................................................................
Idaho ................................................................................................................
Illinois ..............................................................................................................
Indiana .............................................................................................................
Iowa .................................................................................................................
Kansas .............................................................................................................
Kentucky ..........................................................................................................
Louisiana ..........................................................................................................
Maine ...............................................................................................................
Maryland ..........................................................................................................
Massachusetts .................................................................................................
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AEFLA (adult
education)
Perkins III
(vocational
education)
WIA title I;
AEFLA;
Perkins Act
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X
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X
X
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]]>Agencies
[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Notices]
[Pages 22173-22175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8978]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-61, 696]
Medtronic, Inc. Cardiovascular Division, Santa Rosa, CA; Notice
of Revised Determination on Remand
On February 27, 2008, the United States Court of International
Trade (USCIT) granted the Department of Labor's motion for voluntary
remand for further investigation in Former Employees of Medtronic, Inc.
v. United States, Court No. 07-362.
The worker-filed petition for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA), dated June 14, 2007,
alleged that the subject workers produced ``medical stents'' and that
the subject firm shifted production to a foreign country. Petitioners
did not identify the foreign country to which production shifted.
On July 19, 2007, the Department of Labor (Department) issued a
negative determination regarding eligibility to apply for TAA/ATAA for
workers and former workers of Medtronic, Inc.,
[[Page 22174]]
Cardiovascular Division, Santa Rosa, California (the subject firm). The
initial investigation revealed that the subject workers produced
cardiovascular stents and that, during the relevant period, the subject
firm did not import cardiovascular stents and did not shift production
to a foreign firm. A survey of the subject firm's major declining
domestic customers was not conducted because the subject firm sold its
stents to an affiliated, foreign facility. The Department's Notice of
negative determination was published in the Federal Register on August
2, 2007 (72 FR 42436).
In the request for reconsideration, dated August 7, 2007, the
petitioning workers alleged that production ``was indeed shifted to a
foreign country, Ireland, based on the information we received from''
the subject firm. The Department issued a Notice of Affirmative
Determination Regarding Application for Reconsideration on August 16,
2007. The Notice was published in the Federal Register on August 27,
2007 (72 FR 49026).
On September 11, 2007, the Department issued a negative
determination on reconsideration stating that Section (a)(2)(B) of the
Trade Act of 1974, as amended, was not met. The negative determination
was based on the Department's findings that, while the subject firm did
shift cardiovascular stent production to Ireland, as alleged, Ireland
does not have a free trade agreement with the United States and is not
named as a beneficiary country under the Andean Trade Preference Act,
the African Growth and Opportunity Act or the Caribbean Basin Economic
Recovery Act, and that, following the shift of production, the subject
firm did not import or plan to import articles like or directly
competitive with those produced at the subject firm. The Department's
Notice of negative determination on reconsideration was published in
the Federal Register on September 21, 2007 (72 FR 54074).
In their complaint to the USCIT, dated October 3, 2007, the
Plaintiffs made the same allegation they made in the request for
reconsideration--that production shifted to Ireland--and two new
allegations--that production shifted to Mexico and that the subject
firm shifted production to a foreign country and will import stents
like or directly competitive with those produced at the subject firm
(``Medtronic's is awaiting FDA approval of their Drug Eluding Stents
(DES) * * * the DES will be made available to the medical markets in
the United States'').
In order to be certified under Section (a)(2)(B) of the Trade Act
of 1974, as amended, the Department must determine that the following
was satisfied:
A. 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; and
B. 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
C. One of the following must be satisfied:
1. 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; or
2. The country to which the workers' firm has shifted production
of the articles is a beneficiary country under the Andean Trade
Preference Act, African Growth and Opportunity Act, or the Caribbean
Basin Economic Recovery Act; or
3. 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.
During the remand investigation, the Department confirmed that
cardiovascular stent production shifted from the Medtronic facility in
Santa Rosa, California, to Galway, Ireland, and did not shift to
Mexico. Accordingly, the Department determines that Section
(a)(2)(B)(A) and Section (a)(2)(B)(B) have been met, and that Section
(a)(2)(B)(C)(1) and Section (a)(2)(B)(C)(2) have not been met.
Consequently, in order to be certified as eligible to apply for TAA,
the Department must determine that the petitioning worker group
satisfies Section (a)(2)(B)(C)(3).
The Department obtained new information during the remand
investigation that, after the Department issued its negative
determination on reconsideration, the U.S. Food and Drug Administration
(FDA) approved Medtronic's application for approval of a drug-eluding
cardiovascular stent to be used in the United States.
On February 1, 2008, Medtronic issued a news release stating that
the FDA-approved DES, Endeavor, ``provides a consistent and sustained
reduction in the need for repeat procedures compared to a bare-metal
stent'' and that ``The U.S. market launch of the Endeavor stent begins
immediately.'' The news release further states that, prior to FDA
approval of the DES, Medtronic has been ``strengthening our field and
manufacturing capabilities in anticipation of considerable demand for
the Endeavor stent in the United States'' and that Medtronic plans to
``ship 100,000 units to U.S. hospitals in the next 30 days to assure
full availability of this next-generation technology.''
During the remand investigation, the Department conducted an
industry research of cardiovascular stents. The Department's research
revealed that bare-metal stents function similarly to drug-eluding
stents in that both devices are tiny mesh tubes used to keep open
arteries to increase or restore blood flow to the heart muscle. The two
devices differ in that the DES delivers medication that reduces the
probability that blockages will reform in the artery, while the bare-
metal stent is a static, structural device. Accordingly, the Department
determines that drug-eluding cardiovascular stents are like and
directly competitive with bare-metal cardiovascular stents.
As the result of the remand investigation, the Department
determined that there was a shift in production by the subject firm to
a foreign country of articles like or directly competitive with the
cardiovascular stents produced by the subject firm and that, following
the shift of production to a foreign country, there is an increase in
imports (actual or likely) by Medtronic, Inc. of articles that are like
or directly competitive with the article produced at the subject firm.
In accordance with Section 246 of the Trade Act of 1974 (26 U.S.C.
2813), as amended, the Department herein presents the results of its
investigation regarding certification of eligibility to apply for ATAA.
The Department has determined in this case that the group eligibility
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and
possess skills that are not easily transferable. Competitive conditions
within the industry are adverse.
Conclusion
After careful review of the facts generated through the remand
investigation, I determine that there was a total or partial separation
of a significant number or proportion of workers at the subject firm,
and that there was a shift in production to a foreign country followed
by likely increased imports of articles like or directly competitive
with cardiovascular stents produced at the subject firm.
In accordance with the provisions of the Act, I make the following
certification:
All workers of Medtronic, Inc., Cardiovascular Division, Santa
Rosa, California, who became totally or partially
[[Page 22175]]
separated from employment on or after June 14, 2006, through two
years from the issuance of this revised determination, are eligible
to apply for Trade Adjustment Assistance under Section 223 of the
Trade Act of 1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, DC, this 25th day of March 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-8978 Filed 4-23-08; 8:45 am]
BILLING CODE 4510-FN-P
