DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,434

SARA LEE COFFEE & TEA
OKLAHOMA CITY, OKLAHOMA

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 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 November 4, 2003 in
response to a petition filed on behalf of workers at Sara Lee
Coffee & Tea, Oklahoma City, Oklahoma. The workers produce
coffee and tea, and are not separately identifiable by product
line.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that company imports of finished
roasted coffee products and tea products were very minor and had
no impact on employment at the Oklahoma City facility. There
was not a shift in production from the subject plant to a
foreign country during the period under investigation.
The coffee and tea produced at the Oklahoma City plant was
transferred domestically to a company plant in Houston, Texas.
Overall sales of coffee and tea did not decline in the relevant
periods prior to the shutdown and were not a significant factor
in the closure.
Conclusion
After careful review, I determine that workers at Sara Lee
Coffee & Tea, Oklahoma City, Oklahoma, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed at Washington, D.C., this 22nd day of December 2003
/s/Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance