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TAW-70669  /  Archway Cookies LLC (Ashland, OH)

Petitioner Type: Workers
Impact Date: 05/26/2008
Filed Date: 05/28/2009
Most Recent Update: 09/09/2009
Determination Date: 09/09/2009
Expiration Date: 09/09/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,669

ARCHWAY COOKIES LLC
ASHLAND, OHIO

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 28, 2009 by three workers on behalf of workers of
Archway Cookies LLC, Ashland, Ohio. The workers produced
cookies.
The investigation revealed that workers of Archway Cookies
LLC who are engaged in employment related to producing cookies
meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number of subject firm workers were separated from employment.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of cookies by the subject firm have
decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with cookies
made by the subject firm worker group have increased during
the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of cookies have contributed importantly to
the worker group separations and sales/production declines at
the subject firm.






Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Archway Cookies LLC,
Ashland, Ohio, who are engaged in employment related to the
production of cookies, meet the worker group certification
criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I
make the following certification:
"All workers of Archway Cookies LLC, who became totally or
partially separated from employment on or after May 26,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 9th day of September, 2009.

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