Certified
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TAW-74989  /  J. M. Smucker Company (Sherman, TX)

Petitioner Type: Company
Impact Date: 12/13/2009
Filed Date: 12/14/2010
Most Recent Update: 01/31/2011
Determination Date: 01/31/2011
Expiration Date: 01/31/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,989

J.M. SMUCKER COMPANY
A SUBSIDIARY OF
THE FOLGERS COFFEE COMPANY
SHERMAN, TEXAS


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 December 14, 2010, on behalf of workers of J. M.
Smucker Company, a subsidiary of The Folgers Coffee Company,
Sherman, Texas (Smucker). Workers produce decaffeinated coffee
beans and decaffeinated products. The worker group does not
include on-site leased workers.
The investigation revealed that workers of Smucker, who are
engaged in employment related to the production of
decaffeinated coffee beans and decaffeinated products, meet
the criteria for certification.
Criterion I has been met because a significant proportion
of workers at Smucker are totally or partially separated or
threatened with such separation.
Criterion II has been met because Smucker has shifted to a
foreign country the production of like or directly competitive
articles.
Criterion III has been met because the shift to Germany
contributed importantly to worker group separations at the
Sherman, Texas facility.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of J. M. Smucker
Company, a subsidiary of The Folgers Coffee Company, Sherman,
Texas, who are engaged in employment related to the production
of decaffeinated coffee beans and decaffeinated products, 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 J.M. Smucker Company, a subsidiary of The
Folgers Coffee Company, Sherman, Texas, who became totally
or partially separated from employment on or after December
13, 2009, 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 31st day of January, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance