DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,930

LAND O' LAKES, INC.
DAIRY FOODS UPPER MIDWEST INDUSTRIAL DIVISION
PERHAM, MINNESOTA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or





II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on February 19, 2003 in
response to a petition filed by a State agency representative of
Minnesota on behalf of workers at Land O' Lakes, Inc., Dairy
Foods Upper Midwest Industrial Division, Perham, Minnesota. The
workers produced dried whey fractions and deproteinized whey.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that there were no company
imports of products that were like or directly competitive to
the products produced at the subject firm.
The subject firm did not shift production of dried whey
fractions or deproteinized whey from the Perham, Minnesota plant
to a foreign country.
The investigation revealed that production was transferred
from Land O' Lakes, Inc., Dairy Foods Upper Midwest Industrial
Division, Perham, Minnesota to other domestic Land O' Lakes
plants.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of dried whey fractions and
deproteinized whey. The survey revealed that the customers did
not import dried whey fractions and deproteinized whey during
the period under investigation.
Conclusion
After careful review, I determine that all workers of Land
O' Lakes, Inc., Dairy Foods Upper Midwest Industrial Division,
Perham, Minnesota, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D.C. this 9th day of April 2003.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance