Certified
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TAW-63675  /  Kerry Group, Inc. (Germantown, WI)

Petitioner Type: Workers
Impact Date: 07/09/2007
Filed Date: 07/11/2008
Most Recent Update: 12/03/2008
Determination Date: 12/03/2008
Expiration Date: 12/03/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,675

KERRY GROUP, INC.
INCLUDING ON-SITE WORKERS OF ADECCO, QPS, MAGIC CLEAN
GERMANTOWN, WISCONSIN

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 (19 USC
2273), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on July 11, 2008 in response to
a petition filed by workers of Kerry Group, Inc., Germantown,
Wisconsin. Workers at the subject firm produced seasonings for the
food ingredient market. The worker group includes on-site workers
from Adecco, QPS and Magic Clean.
The investigation revealed that employment, sales, and
production at the subject facility declined during the relevant
period.
Aggregate U.S. imports of seasonings increased significantly
from 2006 to 2007 and in January through July 2008 over the
corresponding 2007 period. The ratio of U.S. imports to U.S.
shipments was very high.
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 possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that increases of imports of articles like or directly
competitive with those produced by Kerry Group, Inc., Germantown,
Wisconsin contributed to the total or partial separation of workers
and to the decline in sales or production and at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers at Kerry Group, Inc., including on-site workers
from Adecco, QPS and Magic Clean, Germantown, Wisconsin who
became totally or partially separated from employment on or
after July 9, 2007 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 3rd day of December 2008


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance