DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,010

CARGILL, INC.
SOY PROTEIN ISOLATE DIVISION
SIDNEY, OHIO

Negative Determination 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 August 20, 2007 in
response to a petition filed on behalf of workers at
Cargill, Inc., Soy Protein Isolate Division, Sidney, Ohio.
The workers produce soy protein isolate.
The investigation revealed that criteria
(a)(2)(A)(I.B) and (a)(2)(B)(II.B) were not met.
The investigation revealed that sales and production
of soy protein isolate at the subject firm increased from
fiscal year 2006 through fiscal year 2007. The fiscal year
cycle starts on June 1st and ends on May 31st. There have
been no declines in sales or production since the end of
the fiscal year 2007.
Furthermore, the investigation revealed that the
subject firm did not shift the production of soy protein
isolate to a foreign country 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 the facts obtained in this
investigation, I determine that all workers at Cargill,
Inc., Soy Protein Isolate Division, Sidney, Ohio 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 18th day of September, 2007.



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