DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,000

MALTEUROP NORTH AMERICA, INC.

MILWAUKEE PLANT

A SUBSIDIARY OF MALTEUROP GROUP

A SUBSIDIARY OF VIVESICIA INDUSTRIES

MILWAUKEE, WISCONSIN

Negative Determinations Regarding Eligibility

To Apply for Worker Adjustment Assistance

And Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for worker
adjustment assistance.

Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department to issue a certification for workers under Section
222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:

(1)The first criterion (set forth in Section 222(a)(1) of theAct, 19 U.S.C. § 2272(a)(1)) requires that a significantnumber or proportion of the workers in such workers' firm, oran appropriate subdivision of the firm, have become totallyor partially separated, or are threatened to become totallyor partially separated

(2)The second criterion (set forth in Section 222(a)(2) of theAct, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of twoways:

(A)Increased Imports Path:

(i)sales or production, or both, at the workers' firm musthave decreased absolutely, AND

(ii)imports of articles like or directly competitive witharticles produced by such firm or subdivision haveincreased; and

(iii)the increase described in clause (ii) contributed
importantly to such workers' separation or threat ofseparation and to the decline in the sales or productionof such firm or subdivision.

(B)Shift in Production Path:

(i)there has been a shift in production by such workers'firm or subdivision to a foreign country of articleslike or directly competitive with articles which areproduced by such firm or subdivision; and

(ii)(I) the country to which the workers' firm hasshifted production of the articles is a party to a freetrade agreement with the United States;

(II)the country to which the workers' firm hasshifted production of the articles is a beneficiarycountry under the African Growth and Opportunity Act, orthe Caribbean Basin Economic Recovery Act; or

(III)there has been or is likely to be an increasein imports of articles that are like or directlycompetitive with articles which are or were produced bysuch firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers
of a Supplier or a Downstream Producer, the following criteria
must be met:

(1)a significant number or proportion of the workers in theworkers' firm or an appropriate subdivision of the firmhave become totally or partially separated, or arethreatened to become totally or partially separated;

(2)the workers' firm is a Supplier or Downstream Producerto a firm that employed a group of workers who receiveda certification of eligibility under Section 222(a) ofthe Act, 19 U.S.C. § 2272(a), and such supply or
production is related to the article that was the basis
for such certification; and

(3)either

(A)the workers' firm is a supplier and the componentparts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production orsales of the workers' firm; or

(B)a loss of business by the workers' firm with thefirm described in paragraph (2) contributed importantlyto the workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."

The investigation was initiated in response to a petition
filed on July 9, 2021 on behalf of former workers of Malteurop
North America, Inc., Milwaukee Plant, a subsidiary of Malteurop
Group, a subsidiary of Vivesicia Industries, Milwaukee,
Wisconsin (Malteurop North America-Milwaukee Plant). Workers of
Malteurop North America-Milwaukee Plant were engaged in
activities related to the production of malt. Production at
Malteurop North America-Milwaukee Plant ceased on July 31, 2021.

The petition alleges that worker separations are due to a
shift in malt production to Mexico.

During the course of the investigation, information was
collected from the petitioner(s) and the workers' firm.

With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Malteurop North America-Milwaukee
Plant did not experience either sales decline or production
decline during the one-year period prior to the petition date
(July 8, 2021).

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
production of malt, or a like or directly competitive article,
to a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that Malteurop North America-Milwaukee
Plant is not a Supplier to a firm that employed a group of workers
who received a certification of eligibility under Section 222(a)
of the Act, 19 U.S.C. § 2272(a), and does not act as a Downstream
Producer to a firm (or subdivision, whichever is applicable) that
employed a group of workers who received a certification of
eligibility under Section 222(a) of the Act, 19 U.S.C. § 2272(a),
based on an increase in imports from, or a shift in production to,
Canada or Mexico.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA"), the group of workers must be certified eligible to
apply for Trade Adjustment Assistance ("TAA"). Because the group
of workers are denied eligibility to apply for TAA, the group of
workers cannot be certified eligible for ATAA.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that all workers of Malteurop North
America, Inc., Milwaukee Plant, a subsidiary of Malteurop Group,
a subsidiary of Vivesicia Industries, Milwaukee, Wisconsin,
engaged in activities related to the production of malt, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, as amended, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, amended.

Signed in Washington, D. C. this 24th day of August, 2021

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN

Certifying Officer, Office of

Trade Adjustment Assistance