DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,725
AND
NAFTA-05102

GENERAL MILLS
SNACK DIVISION
CARLISLE, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of December 14, 2001, petitioners requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) under petition TA-W-39,725 and North American
Free Trade Agreement-Transitional Adjustment Assistance (NAFTA-
TAA) under petition NAFTA-5102. The TAA and NAFTA-TAA denial
notices applicable to workers of General Mills, Snack Division,
Carlisle, Pennsylvania, were signed on November 5, 2001 and
November 19, 2001, and published in the Federal Register on
November 20, 2001 (66 FR 58171) and December 5, 2001 (66 FR
63262), respectively.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or


(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at General
Mills, Snack Division, Carlisle, Pennsylvania engaged in the
production of single-serve fruit juice and fruit-based beverages,
was denied because the "contributed importantly" group
eligibility requirement of Section 222(3) of the Trade Act of
1974, as amended, was not met. The company made a decision to
exit the single-serve juice and fruit-based beverages business
because the product no longer fit into this company's long-term
plan for the Snacks Division. Imports of single-serve juice and
fruit-based beverages did not contribute importantly to the
declines in employment at the subject plant.
The NAFTA-TAA petition for the same worker group was denied
because criteria (3) and (4) of the group eligibility
requirements in paragraph (a)(1) of Section 250 of the Trade Act,
as amended, were not met. The company made a decision to exit
the single-serve juice and fruit-based beverages business because
the product no longer fit into this company's long-term plan for
the Snacks Division. The subject firm did not shift production
to Canada or Mexico, nor did they import from Canada or Mexico
single serve fruit juices or fruit-based beverages during the
relevant period.



The petitioner feels that the products produced by the
subject firm were impacted by imports of products like or
directly competitive with what the subject plant produced.
Based on available industry data, the domestic market for
single serve fruit beverages faces little on no competition from
foreign sources. U.S. imports of single fruit or vegetable juice
were negligible during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decisions. Accordingly, the
application is denied.

Signed at Washington, D.C., this 22nd day of March, 2002.
/s/ Edward A. Tomchick

_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,725

GENERAL MILLS
SNACKS DIVISION
CARLISLE, 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 in response to a petition
received on July 30, 2001 and filed by workers General Mills,
Carlisle, Pennsylvania. The workers produced single-serve fruit-
based beverages.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm made the
decision that the single-serve fruit-based beverages produced by
workers at the Carlisle, Pennsylvania plant no longer fit in the
company=s long-term plan for the Snacks Division.
Other findings of the investigation show that other domestic
manufacturers producing articles like or directly competitive
with General Mill=s juice beverage are manufactured domestically.
Conclusion
After careful review, I determine that all workers of
General Mills, Carlisle, Pennsylvania are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 5th day of November 2001.
/s/ Linda G. Poole
_______________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance