DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,609

EAGLE OTTAWA NEWAYGO FARMS INC.
WALKERSVILLE, MICHIGAN

Negative Determinations 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.
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 June 1, 2007, in response
to a petition filed by a state agency representative on behalf of
workers of Eagle Ottawa Newaygo Farms Inc., Walkersville, Michigan.
The workers at the subject firm converted waste byproduct into soil
treatment, ReTurn(tm) utilized within crop production. The waste
byproduct came from the crust leather manufacturing operations from
an affiliated firm in Grand Haven, Michigan.
The investigation revealed that criteria (a)(2)(A)(I.A),
(a)(2)(A)(I.C), (a)(2)(B)(II.A), and (a)(2)(B)(II.B) have not been
met.
The subject firm did not shift the production of its soil
treatment, ReTurn(tm), abroad in 2005 or 2006 and nor did the firm
import a like or directly competitive product. Production ceased
when the facility shut down in December 2006. Furthermore, despite
allegations by the petitioner, this operation was in no way engaged
in production related to leather manufacturing that was done at
their affiliate in Grand Haven, Michigan. Those workers were
certified eligible to apply for adjustment assistance based on
increased imports of crusted leather under TA-W-56,091, which
expired on January 12, 2007.
Worker separations at the subject firm were due to a corporate
decision to shutdown this initiative, Eagle Ottawa Newaygo Farms.
The number of workers separated during the relevant period was
fewer than three and therefore, did not meet the threshold for a
worker group.
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 the facts obtained in this
investigation, I determine that all workers of Eagle Ottawa Newaygo
Farms Inc., Walkersville, Michigan are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D. C. this 29th day of June 2007


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