DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,664

TATE AND LYLE SUCRALOSE LLC
INCLUDING ON-SITE LEASED WORKERS OF
KELLY SERVICES AND SOUTHERN DESIGN SERVICES
MCINTOSH, ALABAMA

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 July 14, 2009 by the International Association of
Machinist and Aerospace Workers, District Lodge # 75, on behalf
of workers of Tate & Lyle Sucralose LLC, McIntosh, Alabama
(hereinafter referred to as Tate & Lyle). The workers produce
sucralose, a sweetener.
The investigation revealed that the worker group
includes on-site leased workers of Kelly Services and Southern
Design Services.
The investigation revealed that workers of Tate & Lyle, who
are engaged in employment related to the production of
sweeteners, meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers at Tate & Lyle were separated or are threatened
with separation.
Criterion II has been satisfied because Tate & Lyle has
shifted to their facility in Singapore the production of
products like or directly competitive with the sweetener
produced by the subject firm.
Criterion III has been met because the shift of sweetener
production to a foreign country contributed importantly to
worker group separations at Tate & Lyle.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tate & Lyle Sucralose
LLC, including on-site leased workers of Kelly Services and
Southern Design Services, McIntosh, Alabama, who are engaged in
the production of sweeteners 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 Tate & Lyle Sucralose LLC, including on-
site leased workers of Kelly Services and Southern Design
Services, McIntosh, Alabama, who became totally or
partially separated from employment on or after June 25,
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 27th day of August, 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance