Certified
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TAW-61182  /  Ferrero U.S.A., Inc. (Somerset, NJ)

Petitioner Type: Company
Impact Date: 03/23/2006
Filed Date: 03/26/2007
Most Recent Update: 03/30/2007
Determination Date: 03/30/2007
Expiration Date: 03/30/2009

Department of Labor

Employment and Training Administration

TA-W-61,182

FERRERO USA INC.
SOMERSET, NEW JERSEY

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 March 26, 2007 in
response to a petition filed by a company official on behalf
of workers at Ferrero USA Inc., Somerset, New Jersey. The
workers at the subject firm produce confectionery products.
The investigation revealed that employment at the
subject firm declined from January to February 2007, as
compared to the same time period the previous year.
The investigation revealed that the decline in
employment at the subject firm is related to a shift in
production of confectionery products, 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 USA Inc., Somerset, New Jersey to Canada
of articles that are like or directly competitive with the
confectionery products produced by that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Ferrero USA Inc., Somerset, New Jersey, who
became totally or partially separated from employment on or
after March 23, 2006, through two years from the date of
certification, are eligible to apply for adjustment assis-
tance 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 30th day of March, 2007


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance