[Federal Register: September 21, 2007 (Volume 72, Number 183)]
[Notices]               
[Page 54074-54075]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21se07-130]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-61,696]

 
Medtronic, Inc., Cardiovascular Division, Santa Rosa, CA; Notice 
of Negative Determination on Reconsideration

    On August 16, 2007, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Medtronic, Inc., Cardiovascular Division, Santa 
Rosa, California (the subject firm). The Department's Notice of 
Affirmative Determination was published in the Federal Register on 
August 27, 2007 (72 FR 49026). Workers produce cardiovascular stents 
(also known as coronary stents).
    The initial investigation revealed that the subject firm did not 
import cardiovascular stents during the relevant period, that the 
subject firm did not shift cardiovascular stent production abroad 
during the relevant period, and that the subject firm sold all 
cardiovascular stents to a foreign source. The Department did not 
conduct a survey of customer's import purchases because the subject 
firm sold all cardiovascular stents produced at the Santa Rosa facility 
to a foreign facility.
    In the request for reconsideration, the workers alleged that the 
subject firm shifted production to Ireland.
    To be certified under section (a)(2)(B) of the Trade Act, the 
following must be 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;
    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;
    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 reconsideration investigation, the Department found that 
cardiovascular stent production did shift to Ireland. However, 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. Further, the Department found that, following the shift 
of production abroad, the subject firm did not import or have plans to 
import articles that are like or directly competitive with the 
cardiovascular stents produced at the subject firm.
    In order for the Department to issue a certification of eligibility 
to apply for Alternative Trade Adjustment Assistance (ATAA), the 
subject worker group must be certified eligible to apply for Trade 
Adjustment Assistance (TAA). Since the subject workers are denied 
eligibility to apply for TAA, the workers cannot be certified eligible 
for ATAA.

Conclusion

    After careful reconsideration, I affirm the original notice of 
negative

[[Page 54075]]

determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Medtronic, Inc., Cardiovascular 
Division, Santa Rosa, California.

    Signed at Washington, DC, this 11th day of September 2007.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-18616 Filed 9-20-07; 8:45 am]

BILLING CODE 4510-FN-P