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TAW-82485  /  Nestle Healthcare Nutrition, Inc. (Minneapolis, MN)

Petitioner Type: State
Impact Date: 05/05/2013
Filed Date: 02/20/2013
Most Recent Update: 04/12/2013
Determination Date: 04/12/2013
Expiration Date: 04/12/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,485

NESTLE HEALTHCARE NUTRITION, INC.
INCLUDING LEASED ON-SITE WORKERS OF 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:
(1) a significant number or proportion of the
workers in such workers' firm have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on February 20, 2013 by a State Workforce Official on
behalf of workers of Nestle HealthCare Nutrition, Inc., St.
Louis Park, Minnesota. The workers' firm is engaged in
activities related to the production of medical nutrition
products. The subject worker group includes on-site leased
workers of Adecco USA.
The worker group was certified eligible to apply for Trade
Adjustment Assistance (TAA) under petition number TA-W-75,268.
The certifications expires on May 4, 2013.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in such workers' firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country the production of articles
like or directly competitive with the medical nutrition products
produced by the workers which contributed importantly to worker
group separations at Nestle HealthCare Nutrition, Inc., St.
Louis Park, Minnesota.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Nestle HealthCare
Nutrition, Inc., including on-site leased workers of Adecco USA,
St. Louis Park, Minnesota, who are engaged in activities related
to the production of medical nutrition 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 Nestle HealthCare Nutrition, Inc.,
including on-site leased workers of Adecco USA, St. Louis
Park, Minnesota, who became totally or partially separated
from employment on or after May 5, 2013 through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on May 5, 2013 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 12th day of April, 2013.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance