DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,491

IBERIA SUGAR COOPERATIVE, INC.
NEW IBERIA, LOUISIANA

Notice of Revised Determination
on Reconsideration

By letter dated September 21, 2005 a company official
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination signed on August 8, 2005 was based on the finding
that imports of raw cane sugar and blackstrap molasses did not
contribute importantly to worker separations at the subject plant
and no shift of production to a foreign source occurred. The
denial notice was published in the Federal Register on September
8, 2005 (70 FR 53389).
To support the request for reconsideration, the company
official supplied additional information. Upon further review
and contact with the subject firm’s major declining customers, it
was revealed that the customers increased their reliance on
imported raw cane sugar and blackstrap molasses during the
relevant period. The imports accounted for a meaningful portion
of the subject plant’s lost sales and production. The
investigation further revealed that production and employment at
the subject firm declined during the relevant time period.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Iberia Sugar
Cooperative, Inc., New Iberia, Louisiana, contributed importantly
to the declines in sales or production and to the total or
partial separation of workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:
"All workers of Iberia Sugar Cooperative, Inc., New Iberia,
Louisiana who became totally or partially separated from
employment on or after June 20, 2004 through two years from
the date of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."

Signed in Washington, D.C. this 26th day of September 2005.

/s/ Elliott S. Kushner

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,491

IBERIA SUGAR COOPERATIVE, INC.
NEW IBERIA, LOUISIANA

Negative Determination 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. 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 June 30, 2005, in response
to a petition filed on behalf of workers of Iberia Sugar
Cooperative, Inc., New Iberia, Louisiana. Workers of the subject
firm produce raw cane sugar and blackstrap molasses. The workers
are not separately identifiable by product.
The investigation revealed that the primary output at the
plant is raw cane sugar. Blackstrap molasses accounted for an
insignificant portion of production at the New Iberia plant.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The subject firm did not import raw cane sugar or blackstrap
molasses in 2003, 2004 or during January thorough June 2005, nor
did the subject firm shift production from New Iberia, Louisiana to
a foreign country.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of raw cane sugar and
blackstrap molasses in 2003, 2004 and January thorough June 2005.
The survey revealed no import purchases of raw cane sugar and
negligible imports of blackstrap molasses during the relevant
period.
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 Iberia
Sugar Cooperative, Inc., New Iberia, Louisiana, 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 8th day of August 2005.

/s/ Linda G. Poole

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