DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,055

NEW ENGLAND CONFECTIONERY COMPANY (NECCO)
STARK CANDY COMPANY
THIBODAUX, LOUISIANA

Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance

By letter dated April 13, 2006, a company official requested
administrative reconsideration in combination with a letter dated
April 18, 2006 from the Louisiana Work, Department of Labor
regarding Alternative Trade Adjustment Assistance (ATAA)
applicable to workers of the subject firm. The negative
determination was signed on March 31, 2006, and was published in
the Federal Register on April 17, 2006 (71 FR 19755).
The workers of New England Confectionery Company (Necco),
Stark Candy Company, Thibodaux, Louisiana were certified eligible
to apply for Trade Adjustment Assistance (TAA) on March 31, 2006.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the company official
provided new information confirming that the skills of the
workers at the subject firm are not easily transferable in the
local commuting area.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of New England Confectionery Company (Necco),
Stark Candy Company, Thibodaux, Louisiana, who became
totally or partially separated from employment on or after
March 16, 2005 through March 31, 2008, are eligible to apply
for trade 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 22nd day of May, 2006.


/s/Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,055

NEW ENGLAND CONFECTIONERY COMPANY (NECCO)
STARK CANDY COMPANY
THIBODAUX, LOUISIANA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its 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)(A) of
Section 222 have been met.
The investigation was initiated on March 17, 2006 in response
to a petition filed by a state workforce agent on behalf of New
England Confectionery Company (NECCO), Stark Candy Company,
Thibodaux, Louisiana. The workers produce sugar candies.
Sales, production, and employment at the subject firm will
decrease absolutely upon its scheduled shutdown on April 28, 2006.
The Department's investigation revealed that the subject
firm's major customers have increased their imports of sugar
candies from 2004 to 2005 while reducing purchases from the subject
firm.
Aggregate United States imports of Non-Chocolate Confectionery
Products increased from 2004 to 2005.
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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that the workers at the subject
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced by New England
Confectionery Company (NECCO), Stark Candy Company, Thibodaux,
Louisiana, contributed importantly to the total or partial
separation of workers and to the decline in sales or production and
at that firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of New England Confectionery Company (NECCO),
Stark Candy Company, Thibodaux, Louisiana, who became totally
or partially separated from employment on or after March 16,
2005 through two years from the date of certification are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974."
I further determine that all workers of New England
Confectionery Company (NECCO), Stark Candy Company, Thibodaux,
Louisiana, are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974, as amended.
Signed in Washington, D.C., this 31st day of March, 2006

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance