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TAW-75268  /  Nestle HealthCare Nutrition, Inc. (Minneapolis, MN)

Petitioner Type: State
Impact Date: 02/11/2010
Filed Date: 02/14/2011
Most Recent Update: 05/04/2011
Determination Date: 05/04/2011
Expiration Date: 05/04/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,268

NESTLÉ HEALTHCARE NUTRITION, INC.
WHOLLY OWNED BY NESTLÉ HOLDINGS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO USA
ST. LOUIS PARK, MINNESOTA

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 February 14, 2011 by a state workforce office on behalf
of workers of Nestlé HealthCare Nutrition, Inc., wholly owned
by Nestlé Holdings, Inc., St. Louis Park, Minnesota. The
workers are engaged in activities related to the production of
nutritional products. The worker group includes on-site leased
workers from Adecco USA.
The investigation revealed that workers of Nestlé
HealthCare Nutrition, who are engaged in activities related to
the production of nutritional products, meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers in the workers' firm have been separated
or threatened with separation during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the production of articles like
or directly competitive with the nutritional products produced
by the firm.
Criterion III has been met because the shift in
production contributed importantly to the worker group
separations at Nestlé HealthCare Nutrition.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nestlé HealthCare
Nutrition, Inc., wholly owned by Nestlé Holdings, Inc., St.
Louis Park, Minnesota, who are engaged in activities related to
production of nutritional 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 Nestlé HealthCare Nutrition, Inc., wholly
owned by Nestlé Holdings, Inc., including on-site leased
workers from Adecco USA, St. Louis Park, Minnesota, who
became totally or partially separated from employment on or
after February 11, 2010, 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 4th day of May, 2011


/s/Michael W. Jaffe__________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance