Petitioner Type: Workers
Impact Date:
Filed Date: 09/17/2001
Most Recent Update: 12/26/2001
Determination Date: 12/26/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,033
KRAFT FOODS NORTH AMERICA, INC.
LEHIGH VALLEY, 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 eligibility 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 September 17, 2001, in response to a petition filed on behalf of workers at Kraft Foods North America, Inc., Lehigh Valley, Pennsylvania. Workers were engaged in activities related to the production of spoonable salad dressing, pourable salad dressing, and barbeque sauce. The workers are not separately identifiable by product line.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the company did not import spoonable salad dressing, pourable salad dressing, and barbeque sauce during the relevant period.
The investigation further revealed that aggregate U.S. imports of spoonable/pourable salad dressing 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-5291.
Conclusion
After careful review, I determine that all workers of Kraft Foods North America, Inc., Lehigh Valley, Pennsylvania engaged in the production of spoonable salad dressing, pourable salad dressing, and barbeque sauce are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of December, 2001.
/s/ Linda G. Poole
____________________________
LINDA POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,033
KRAFT FOODS NORTH AMERICA, INC.
LEHIGH VALLEY, 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 eligibility 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 September 17, 2001, in response to a petition filed on behalf of workers at Kraft Foods North America, Inc., Lehigh Valley, Pennsylvania. Workers were engaged in activities related to the production of spoonable salad dressing, pourable salad dressing, and barbeque sauce. The workers are not separately identifiable by product line.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the company did not import spoonable salad dressing, pourable salad dressing, and barbeque sauce during the relevant period.
The investigation further revealed that aggregate U.S. imports of spoonable/pourable salad dressing 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-5291.
Conclusion
After careful review, I determine that all workers of Kraft Foods North America, Inc., Lehigh Valley, Pennsylvania engaged in the production of spoonable salad dressing, pourable salad dressing, and barbeque sauce are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of December, 2001.
/s/ Linda G. Poole
____________________________
LINDA POOLE
Certifying Officer, Division of
Trade Adjustment Assistance