DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,861

BRACH CONFECTIONS, INC.
CHICAGO, ILLINOIS

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 February 27, 2001 in
response to a petition filed on behalf of workers at Brach
Confections, Inc., Chicago, Illinois. Workers were engaged in
activities related to the production of chocolate candy, soft
candy and hard candy. The workers are separately identifiable by
product line.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the company started shifting
a portion of plant production to foreign sources. The company
will not import any transferred products until early next year.
The company did not import chocolate or candy (soft or hard)
during the relevant period.
The investigation further revealed that aggregate U.S.
imports of chocolate and candy (soft and hard) are relatively
low in relation to U.S. shipments.
Currently, the workers are under an existing investigation
for NAFTA-Transitional Adjustment Assistance. The identifying
number is NAFTA-4625.
Conclusion
After careful review, I determine that all workers of Brach
Confections, Inc., Chicago, Illinois are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.


Signed in Washington, D. C. this 19th day of April, 2001.

/s/ Linda G. Poole
____________________________
LINDA POOLE
Certifying Officer, Division of
Trade Adjustment Assistance