DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-38,789

DIETRICH'S MILK PRODUCTS, LLC.
MIDDLEBURY CENTER, PENNSYLVANIA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated on March 5, 2001 in response
to a petition filed by the International Brotherhood of Teamsters
Local No. 529 on behalf of workers at Dietrich's Milk Products,
LLC., Middlebury Center, Pennsylvania. The workers are engaged
in the manufacture of milk powders and Lactose.
The investigation revealed that criterion (3) has not been
met.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-4537).
A decision on that petition will be made concurrently with this
determination.
This investigation revealed that there were no company
imports of articles like or directly competitive with the milk
powders and Lactose produced by Dietrich's Milk Products, LLC.,
Middlebury Center, Pennsylvania.
The U.S. Department of Labor conducted a survey of the major
customer of Dietrich's Milk Products, LLC., regarding purchases
of milk powders and/or Lactose in 1999, 2000, and January 2001.
The survey revealed that the customer did not decrease purchases
of milk powders and Lactose from the subject firm in the relevant
period, but sharply increased its purchases of those milk
products from Dietrich's READING plant (rather than the
Middlebury Center plant) in January 2001 compared with January
2000.

The investigation further revealed that separations at
Dietrich's Milk Products, LLC., Middlebury Center, Pennsylvania
were due to a transfer of production to another company-owned
domestic facility.
Conclusion
After careful review, I determine that all workers of
Dietrich's Milk Products, LLC., Middlebury Center, Pennsylvania
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 6th day of April, 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance