DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,035

HI-COUNTRY FOODS CORPORATION
SELAH, WASHINGTON

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 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 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:
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;
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
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 January 16, 2004 in response to a petition filed by the International Brotherhood of Teamsters, Local 760, on behalf of workers of Hi-Country Foods Corporation, Selah, Washington. The workers at the subject firm produced bottled apple juice and mixed apple/fruit juice.
The investigation revealed that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not import apple juice or mixed apple/fruit juice from 2002 to 2003.
Furthermore, the investigation revealed that the subject firm did not shift production of its apple juice or mixed apple/fruit juice abroad during the relevant period.
The Department of Labor surveyed the subject firm’s customers regarding their purchases of apple juice and mixed apple/fruit juice. This survey revealed no imports of apple juice or mixed apple/fruit juice during the period under investigation.
In addition, in accordance with Section 246 the Trade Act of 1974 (26 USC 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assis­tance (ATAA) for older workers.   
In order for the Department to issue a certification of eligibility to apply for ATAA, the worker group must be certified eligible to apply for trade adjustment assistance (TAA). Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Hi-Country Foods Corporation, Selah, Washington are denied eligibility to apply for adjust­ment assistance under Section 223 of the Trade Act of 1974, and are also denied eligibility to apply for alternative trade adjust­ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 25th day of February, 2004.



/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance