DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,093

SPECIALTY FOODS GROUP, INC.
INCLUDING ON-SITE LEASED WORKERS FROM RON’S STAFFING
CHICAGO, ILLINOIS

Notice of Negative Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), 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 TAARA 2015, to the
facts of this petition (statutory reconsideration).
Specialty Foods Group, Inc., Chicago, Illinois (subject
firm) is engaged in activities related to the production of
processed foods, specifically sausages in casings such as hot dogs,
sausages, and kielbasas (hereafter referred to as “sausages”).
Workers are not separately identifiable by article. The worker
group includes on-site leased workers from Ron’s Staffing.
The initial investigation, initiated February 26, 2014,
resulted in a negative determination, issued on April 15, 2014,
that was based on the findings that the subject firm did not import
from a foreign country articles like or directive competitive with
sausages produced by the workers of the subject firm nor did the
firm shift production of articles like or directly competitive with
sausages to a foreign country.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that the firm did not increase imports of
articles like or directly competitive with the sausages produced
by the workers of the subject firm. Further, the Department did
not conduct a customer survey because any loss of business did
not occur during the relevant period, as defined in 29 CFR 90.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of sausages, or a like or directly competitive
articles, to a foreign country or acquire sausages, or a like or
directly competitive article, from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the subject firm 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), and did 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 satisfied because Criterion (1)
has not been met since the workers’ firm has not been publicly
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 Specialty
Foods Group, Inc., including on-site leased workers from Ron’s
Staffing, Chicago, Illinois, to apply for adjustment assistance,
in accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 13th day of November, 2015

/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-85,093

SPECIALTY FOODS GROUP, INC.
INCLUDING ON-SITE LEASED WORKERS FROM RON'S STAFFING
CHICAGO, 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 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 February 26, 2014 by the State Workforce Office on
behalf of workers of Specialty Foods Group, Inc., Chicago,
Illinois (hereafter referred to as "SFG"). The workers' firm
is engaged in activities related to the production of sausages
in casings (i.e. hot dogs, sausages, kielbasas). The worker
group includes on-site leased workers from Ron's Staffing.
The petitioner alleges "The plant closure is due to a
lost contract. The winning bid came from a subsidiary of a
foreign-owned firm."
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 subject firm did not shift
production of sausages, or like or directly competitive
articles, to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that the subject firm did not
import sausages, or like or directly competitive articles,
during the period under investigation. The Department did not
conduct a customer survey because any loss of business did not
occur during the relevant period, as defined in 29 CFR 90.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that SFG 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).
In addition, the investigation revealed that SFG that 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), based on an increase in imports
from, or a shift in production to, Canada or Mexico.
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 Specialty Foods
Group, Inc., including on-site leased workers from Ron's
Staffing, Chicago, Illinois, 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 15th day of April 2014.

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