Petitioner Type: Company
Impact Date: 11/02/2004
Filed Date: 11/04/2005
Most Recent Update: 12/09/2005
Determination Date: 12/09/2005
Expiration Date: 12/09/2007
Employment and Training Administration
TA-W-58,271
CARGILL SWEETENERS NORTH AMERICA
A DIVISION OF CARGILL, INC.
INCLUDING LEASED WORKERS OF HUBBARD AND DRAKE
DECATUR, ALABAMA
Certifications 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on November 4, 2005 in
response to a petition filed by a company official on behalf of
workers of Cargill Sweeteners North America, a division of Cargill,
Inc., Decatur, Alabama. The workers of the subject facility
produce high fructose corn syrup (HFCS).
The subject worker group includes on-site leased workers of
Hubbard and Drake.
The investigation revealed that sales, production and
employment at the subject facility will decline absolutely upon the
firm's shutdown, scheduled for December 31, 2005.
Furthermore, the subject facility shifted production of
articles directly competitive with HFCS to Mexico.
Mexico is a party to a free trade agreement with the United
States.
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 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 addition, 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 facts obtained in the
investigation, I conclude that there was a shift in production from
the workers firm or subdivision to Mexico of articles that are like
or directly competitive with those produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Cargill Sweeteners North America, a division
of Cargill, Inc., including leased workers of Hubbard and
Drake, Decatur, Alabama who became totally or partially
separated from employment on or after November 2, 2004 through
two years from the date of certification are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C. this 9th day of December 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance