DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,220

FERRERO INC.
INCLUDING ON-SITE LEASED WORKERS OF CARIBBEAN TEMPORARY SERVICES
CAGUAS, PUERTO RICO

Certification 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 October 6, 2006 in
response to a petition filed by the TAA Coordinator, Puerto
Rico, on behalf of workers of Ferrero Inc., Caguas, Puerto Rico.
The workers produced candy and plastic boxes; they are not
separately identifiable by product.
The investigation revealed that the preponderance of
declines in employment and production at the subject firm is
related to a shift in production of candy and plastic boxes to
Canada, a country that is party to a free trade agreement with
the United States.
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 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 do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.



Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there has been a shift in
production from Ferrero Inc., Caguas, Puerto Rico to Canada of
articles that are like or directly competitive with candy and
plastic boxes produced by that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Ferrero Inc., including on-site leased
workers of Caribbean Temporary Services at Ferrero Inc.,
Caguas, Puerto Rico who became totally or partially
separated from employment on or after October 2, 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, 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 14th day of November, 2006

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