DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,447

SMUCKER FRUIT PROCESSING COMPANY
SUBSIDIARY OF J.M. SMUCKER COMPANY
WOODBURN, OREGON

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 November 5, 2003 in response to a petition filed on behalf of workers at Smucker Fruit Processing Company, Subsidiary of J.M. Smucker Company, Woodburn, Oregon. The workers are engaged in employment related to fruit processing.
The investigation revealed that criteria (I.B) and (II.B) have not been met.
Production at the subject firm increased during May through October 2003 compared with the same period in 2002.
The investigation also revealed that the subject firm did not shift production to a foreign country during the relevant period.
The investigation further revealed that the company reduced their imports during the May through October 2003 period over the corresponding 2002 period. The imports were relatively small in relation to plant production.
Subject plant production was transferred to other domestic locations.
Conclusion
After careful review, I determine that all workers of Smucker Fruit Processing Company, Subsidiary of J.M. Smucker Company, Woodburn, Oregon, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D.C. this 4th day of December 2003.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance