DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,183

NORTHLAND CRANBERRIES, INC.
JACKSON PLANT
JACKSON, WISCONSIN

Notice of Negative Determination
Regarding Application for Reconsideration

By application of April 21, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on March 17, 2004
and published in the Federal Register on April 6, 2004 (69 FR
18109).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or


(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The TAA petition, filed on behalf of workers at Northland
Cranberries, Inc., Jackson Plant, Jackson, Wisconsin, was denied
because the “contributed importantly” group eligibility
requirement of Section 222 of the Trade Act of 1974, as amended,
was not met. The "contributed importantly" test is generally
demonstrated through a survey of the workers' firm's customers.
The Department conducted a survey of the entities to which the
subject facility submitted bids for bottled juice products in
2002, 2003 and January 2004. This survey revealed no bids of
bottled juice products awarded to foreign entities during the
relevant period. The subject firm did not increase its reliance
on imports of bottled juice products during the relevant period.
The request for reconsideration alleges that the company was
importing raw materials.
The foreign sourcing of raw materials is not a factor in
determining the import impact of the finished product. In
assessing import impact in connection with petitioning worker
eligibility for TAA, the Department considers data regarding
imports that are like or directly competitive with those produced
at the subject firm.
The petitioner further alleges that two major customers of
the subject firm “pulled out” of Northland Cranberries, Inc. to
use other companies including foreign bottling facilities.
The Department conducted a survey of the additional
customers provided by the petitioner in the request for
reconsideration. These customers reported no imports of like or
directly competitive products with those manufactured by the
subject firm during the relevant period. The surveyed customers
further stated that all bottling of juices previously done for
them by the subject firm was shifted to other domestic
facilities.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C., this 4th day of June 2004.
/s/ Elliott S. Kushner

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