DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,924

DAWN FOOD PRODUCTS, INC.
OSSIAN, INDIANA

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; or
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on June 2, 2009 by a company official of Dawn Food
Products, Inc., Ossian, Indiana. The workers are engaged in
the manufacturing of frozen donuts. Workers are not separately
identifiable by product line.
The investigation revealed that workers engaged in the
production of frozen donuts meet the criteria for
certification.
Criterion I has been met because a significant number or
a proportion of the workers in the worker's firm have become
totally or partially separated from employment during the
relevant period.
Criterion II has been met because the subject firm
shifted the production of frozen donuts to affiliated
facilities in Mexico.
Criterion III has been met because the shift in
production of frozen donuts by the subject firm contributed
importantly to worker group separations at Dawn Food Products,
Inc., Ossian, Indiana.





Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dawn Food Products,
Inc., Ossian, Indiana who are engaged in activities related to
frozen donuts production 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 Dawn Food Products, Inc., Ossian, Indiana
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 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 8th day of December, 2009.

/s/Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance