Barry Callebaut Usa, Incorporated, Van Leer Division, Jersey City,
New Jersey; Notice of Negative Determination on Remand [04/05/2001]
Barry Callebaut Usa, Incorporated, Van Leer Division, Jersey City, New
Jersey; Notice of Negative Determination on Remand [04/05/2001]
Volume 66, Number 66, Page 18116
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-37,000 and NAFTA-3402]
Barry Callebaut Usa, Incorporated, Van Leer Division, Jersey
City, New Jersey; Notice of Negative Determination on Remand
The United States Court of International Trade (USCIT) granted the
Secretary of Labor's motion for a voluntary remand for further
investigation in Former Employees of Barry Callebaut v. Herman, United
States Secretary of Labor, No. 00-05-00202.
The Department's initial denial of Trade Adjustment Assistance
(TAA) for the workers producing chocolate and ingredients at Barry
Callebaut Usa, Inc., was based on the finding that criterion (3) of the
group eligibility requirements of section 222 of the Trade Act of 1974,
as amended, was not met. The decision was signed on December 12, 1999,
and published in the Federal Register on December 28, 1999 (64 FR
72691).
The Department's initial denial of North American Free Trade
Agreement-Transitional Adjustment Assistance (NAFTA-TAA) for the same
worker group, was based on the finding that criteria (3) and (4) of
paragraph (a)(1) of the group eligibility requirements of Section 250
of the Trade Act of 1974, as amended, were not met. The notice was
issued on November 15, 1999, and published in the Federal Register on
February 4, 2000 (65 FR 5691).
The petitioners request for reconsideration of the Department's
negative determinations for TA-W-37,000 and NAFTA-3402, resulted in a
negative determination on the application, which was issued on March 6,
2000, and published in the Federal Register on March 15, 2000 (65 Fed.
Reg. 13991).
On remand, the Department contacted officials of Barry Callebaut,
Usa, Incorporated, to obtain additional information to address the
petitioners claims regarding the shift in production and machinery from
the Jersey City, New Jersey plant to Canada. The Department was
informed that the contact person identified in the petitions, and in
the request for reconsideration, was no longer employed with the
company. The Department did, however, locate the individual, who did
not provide any new information regarding the transfer of production
and the disposition of the machinery at the Jersey City plant.
The Workers of Barry Callebaut Usa, Incorporated, Van Leer
Division, Jersey City, New Jersey, producted chocolate, sugar-free
chocolate and snaps. The workers also produced chocolate liquor, cocoa
butter and cocoa cake, which are ingredients used to make the finished
products. This new information with respect to the cocoa cake differs
from the initial investigation finding that cocoa powder was produced
at the plant. Barry Callebaut officials report that cocoa cake is
further processed to make cocoa powder. Other new information obtained
from the company show that the workers producing chocolate, sugar-free
chocolate and snaps are separately identifiable from the workers
producing chocolate liquor, cocoa butter and cocoa cake.
Findings on remand revealed that the vast majority of chocolate,
sugar-free chocolate and snap production at Jersey City was shifted to
other Barry Callebaut domestic locations. A negligible amount of these
articles was shifted from the subject firm plant to Canada. Company
imports of chocolate, sugar-free chocolate and snap are insignificant.
Findings on remand with respect to the chocolate liquor, cocoa
butter and cocoa cake produced in Jersey City, show a shift in
production to other domestic locations of Barry Callebaut. A negligible
amount of these articles was shifted to Canada. The company data for
1998 and 1999, show that imports of chocolate liquor are negligible.
The company imports cake but did increase their purchases from 1998 to
1999. The company was significantly increased their domestic production
of cake during the relevant period. Company imports of cocoa butter
account for a negligible portion of the company's domestic needs.
On remand, Barry Callebaut submitted data for 1998 and 1999, which
show increases in domestic sales and production, on a company-wide
basis, of finished products and the ingredients.
The domestic company locations producing candy and ingredients are
located in St. Albans, Vermont, Pennsauken, New Jersey and Piscataway,
New Jersey, with the headquarters for these locations in St. Hyacinthe,
Quebec, Canada.
Other findings on remand show that after the purchase and analysis
of production at the Jersey City factory, Barry Callebaut officials
determined the equipment and machinery were obsolete and not cost
efficient. Some equipment used for the production of specific panning
products was shifted to the Piscataway, New Jersey plant. The vast
majority of other equipment and machinery was shifted to the company's
domestic and Canadian locations to be used to produce product lines
that had not been produced at the subject plant. Some equipment was for
sale or used as a write-off.
Conclusion
After reconsideration on remand, I affirm the original notices of
negative determination of eligibility to apply for adjustment
assistance and NAFTA-TAA for workers and former workers of Barry
Callebaut Usa, Inc., Van Leer Division, Jersey City, New Jersey.
Signed at Washington, D.C. this 22nd day of March 2001.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 01-8334 Filed 4-4-01; 8:45 am]
BILLING CODE 4510-30-M
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