Quarterly report pursuant to Section 13 or 15(d)

Note 10 - FC1/FC2 Transition - Restructuring Costs

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Note 10 - FC1/FC2 Transition - Restructuring Costs
9 Months Ended
Jun. 30, 2011
Restructuring and Related Cost, Description
NOTE 10 – FC1/FC2 Transition - Restructuring Costs

On August 5, 2009, the Company announced to its U.K. employees that the Company would evaluate the future of its U.K. facility following the decision of two of its largest customers to switch their purchases from the first generation product, FC1, manufactured in the U.K. facility, to the second generation product, FC2, which is manufactured in Malaysia. As is required by British labor law, the Company went through an evaluation process, working in tandem with employee representatives, in which various manufacturing alternatives were considered.  As the process failed to identify a satisfactory alternative, the facility’s manufacturing operations ceased in October 2009, when the final FC1 orders were shipped.  The evaluation process concluded in late November 2009, when employees received their termination payments.

The Company evaluated, measured and recognized the restructuring costs under the guidance of ASC Topic 420, Exit or Disposal Cost Obligations, and recognized such costs in the period incurred.  The costs associated with this restructuring fall under the scope of associated costs of an exit activity, as suggested by the Interpretive Response in Staff Accounting Bulletin Topic 5(P)(4), including footnote 17.  The FC1/FC2 transition was completed in fiscal year 2010, so there are no restructuring costs in fiscal year 2011.  The components of the restructuring costs recognized for the three and nine months ended June 30, 2010 were as follows:

   
Three Months Ended
June 30, 2010
   
Nine Months Ended
June 30, 2010
 
Lease surrender payments and related costs
  $ 243,783     $ 1,734,496  
(Reversal) recognition of excess capacity costs through November 1, 2010
    (302,342 )     302,683  
Offset: By proportionate recognition of deferred gain on original sale/leaseback of plant
    -       (653,706 )
Dilapidations and related costs
    16,903       542,971  
Total
  $ (41,656 )   $ 1,926,444  

Although FC1 production ceased in October 2009, the Company continues to conduct significant operating activities in the U.K.  Such activities include global sales and marketing of the FC2 female condom, management and direction of Global Manufacturing Operations (including production planning, inventory management, quality assurance and quality control, finished goods release, and compliance with good manufacturing practices), relationships with regulatory agencies world-wide, oversight of the Global Technical Support Team and new product development.