DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,676

STARK CANDY COMPANY
A SUBSIDIARY OF NEW ENGLAND CONFECTIONERY COMPANY
INCORPORATED
PEWAUKEE, WISONSIN

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 on behalf of workers of Stark
Candy Company, a subsidiary of New England Confectionery
Company Incorporated, Pewaukee, Wisconsin. The workers
produce candy.
The investigation revealed employment and sales at the
subject facility decreased in full year 2007 compared to
the same period in 2006.
The Department of Labor surveyed the subject firm's
major declining customers regarding purchases of candy and
like or directly competitive products in 2006, 2007 and
January through June 2008. The survey revealed increased
import purchases during the relevant period.
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 the candy
produced by Stark Candy Company, a subsidiary of New
England Confectionery Company Incorporated, Pewaukee,
Wisconsin, contributed importantly to the total or partial
separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with
the provisions of the Act, I make the following
certification:


"All workers of Stark Candy Company, a subsidiary of
New England Confectionery Company Incorporated,
Pewaukee, Wisconsin, who became totally or partially
separated from employment on or after July 10, 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 25th day of August 2008.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance