ETA Federal Register Notice

Kellogg Company, South Operations Plant, Battle Creek, Michigan; Notice of Revised Determination on Reconsideration [04/21/2000]

Volume 65, Number 78, Page 21473

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,063 and NAFTA-3605]

 
Kellogg Company, South Operations Plant, Battle Creek, Michigan; 
Notice of Revised Determination on Reconsideration

    On March 21, 2000, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration with respect to 
the workers and former workers of the subject firm. The Department 
determined that the Bakery, Confectionery, Tobacco Workers and Grain 
Millers International Union, Local 3-G, assertion that the effects of a 
transfer of production equipment to Mexico warranted further 
investigation. The notice was published in the Federal Register on 
March 31, 2000 (65 FR 17311).
    The February 10, 2000, negative determination regarding TAA was 
based upon the finding that the ``contributed importantly'' test of the 
Group Eligibility Requirements of the Trade Act of 1974, as amended, 
was not met. The investigation revealed that sales and production of 
cereal remained relatively constant from 1997 through September 1999 
and that company imports relative to domestic production had declined 
slightly in recent years. Separations at the Battle Creek, Michigan 
plant were attributed to a domestic shift in production.
    The February 10, 2000, negative determination regarding NAFTA-TAA 
was based upon the finding that criteria (3) and (4) of paragraph 
(a)(1) of Section 250 of the Trade Act were not met. The company's 
reliance on imported cereal from Mexico decreased throughout the 
relevant period through September 1999. Layoffs were attributable to 
the transfer of cereal production to other domestic plants.
    On reconsideration, the Department requested current information 
from the subject firm applicable to the time period in which 
significant worker separations were scheduled to occur. The information 
provided by Kellogg's applicable to cereal produced by workers at the 
South Operations Plant, Battle Creek, Michigan, show declines in sales, 
production, employment. Additional information reveals that, although 
it remains apparent that a significant portion of former production of 
the South Operations Plant is being transferred domestically, there has 
been an increase in company imports of cereal from Mexico or Canada 
relative to domestic production since the phase down of production at 
the South Operations Plant began.

Conclusion

    After careful consideration of the new facts obtained on 
reconsideration, it is concluded that the workers of Kellogg Company, 
South Operations Plant, Battle Creek, Michigan, were adversely affected 
by increased imports, including those from Mexico or Canada, of 
articles like or directly competitive with those produced at the 
subject firm.

    All workers of Kellogg Company, South Operations Plant, Battle 
Creek, Michigan, engaged in employment related to the production of 
cereal, who became totally or partially separated from employment on 
or after October 29, 1998 through two years from the date of this 
issuance are eligible to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974.
    All workers of Kellogg Company, South Operations Plant, Battle 
Creek, Michigan, engaged in employment related to the production of 
cereal, who became totally or partially separated from employment on 
or after November 23, 1998, through two years from the date of this 
issuance are eligible to apply for NAFTA-TAA under Section 250 of 
the Trade Act of 1974.

    Signed at Washington, DC, this 11th day of April 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-9971 Filed 4-20-00; 8:45 am]
BILLING CODE 4510-30-M