DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,061

SARA LEE CORPORATION
DISTRIBUTION CENTER
BENSENVILLE, ILLINOIS

Notice of Negative Determination
on Reconsideration

The initial investigation, initiated March 22, 2011, resulted
in a negative determination, issued on July 8, 2011, that was based
on no production of an article. The determination was applicable
to workers of Sara Lee Corporation, Bensenville, Illinois. The
subject worker group is engaged in activities related to the supply
of warehouse and distribution services for Sara Lee coffee
products. The notice of negative determination was published in
the Federal Register on July 29, 2011 (76 FR 45623).
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAAEA, to the facts
of this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that that the
subject worker group does not meet the criteria for certification.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed no increased imports of services like or
directly competitive with the distribution and warehousing
services supplied by Sara Lee Corporation, Distribution Center,
Bensenville, Illinois.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Sara Lee Corporation did not shift the
supply of warehouse and distribution services (or like or directly
competitive services) to a foreign county or acquire such
services from a foreign county.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sara Lee Corporation, Distribution
Center, Bensenville, Illinois, is not a Supplier to a firm that
employed a group of workers who received a certification of
eligibility under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sara Lee Corporation, Distribution
Center, Bensenville, Illinois, does not act as a Downstream
Producer to a firm (or subdivision, whichever is applicable) that
employed a group of workers who received a certification of
eligibility under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been met since the workers’ firm has
not been publically identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Sara Lee
Corporation, Distribution Center, Bensenville, Illinois, who were
engaged in employment related to warehouse and distribution
services to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 25th day of November, 2011
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,061

SARA LEE CORPORATION
BENSENVILLE, ILLINOIS

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 such workers' firm, or
an appropriate subdivision of the firm, have become totally or
partially separated, or are threatened to become totally or
partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article that was the basis for such
certification; and

(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 22, 2011, on behalf of workers of Sara Lee
Corporation, Bensenville, Illinois. The workers’ firm is engaged
in activities related to the supply of warehouse and distribution
services for Sara Lee coffee products.
The petitioners’ allege that the worker separations at the
subject facility are due to the firm ceasing operations at the
facility and moving out of state. During the course of the
investigation, information was collected from the workers’ firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the worker separations are not
attributable to a shift in production by the workers firm to a
foreign country. Rather, the investigation confirmed that the
worker separations are attributable to a shift of warehousing and
distribution services to another state.
With respect to Section 222(a)(2)(A)(iii) of the Act, the
investigation revealed that the worker separations are not
attributable to increased imports of articles like or directly
competitive to articles produced by the firm. Rather, the
investigation confirmed that the worker separations are
attributable to a shift of warehousing and distribution services to
another state.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sara Lee is not a Supplier or
Downstream Producer to a firm that employed a group of workers who
received a certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), OR the subject firm is a Supplier to a
firm that employed a group of workers who received a certification
of eligibility under Section 222(a) of the Act, 19 U.S.C. §
2272(a); however, such supply is not related to the finished
article that was the basis for such certification.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Sara Lee
Corporation, Bensenville, Illinois engaged in activities related
to warehousing and distribution of coffee products are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, as amended, and are also denied eligibility
to apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974, amended.
Signed in Washington, D.C. this 8th day of July, 2011



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



- 8 -