DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,315

FERRERO USA
INDUSTRIAL DIVISION
SOMERSET, NEW JERSEY

Negative Determination Regarding Eligibility
To Apply for Worker 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
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 October 26, 2006 in
response to a petition filed by the State of New Jersey on
behalf of workers of Ferrero USA, Industrial Division, Somerset,
New Jersey. The workers at the subject facility produce
confectionery products.
The investigation revealed that criteria (a)(2)(A)(I.B),
and (a)(2)(B)(II.B) have not been met.
The investigation revealed that sales and production of
confectionery products at the subject facility increased in the
time period of January to September 2006 when compared to the
corresponding time period the previous year, and also increased
from 2004 to 2005.
The investigation revealed that the subject facility has
not shifted the production of confectionery products to any
foreign country nor has it imported any confectionery products
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 of facts obtained in the
investigation, I determine that all workers of Ferrero USA,
Industrial Division, Somerset, New Jersey are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974 as amended.
Signed in Washington, D.C. this 15th day of November, 2006


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