DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,122

BIMBO BAKERIES USA, INC.
A WHOLLY OWNED SUBSIDIARY OF BBU, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES WERE
REPORTED THROUGH EARTHGRAINS BAKING COMPANIES, INC.
WICHITA, KANSAS

Notice of Revised 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).
The initial investigation, initiated March 6, 2014, resulted
in a negative determination, issued on April 1, 2014, that was based
on the firm not shifting production or increasing imports. The
determination was applicable to workers and former workers of Bimbo
Bakeries USA, Inc., a wholly owned subsidiary of BBU, Inc. Wichita,
Kansas (herein referred to as “Bimbo Bakeries”). The workers’ firm is
engaged in activities related to the production of fresh baked bread
and rolls. The workers are not separately identifiable. The worker
group includes workers whose unemployment insurance (UI) wages were
reported through Earthgrains Baking Companies, Inc.
Based on information reviewed during the reconsideration investigation,
the Department of Labor determines that Bimbo Bakeries has increased
imports like or directly competitive to those produced by the workers.
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)(A)(i) has been met because the sales and production of
fresh baked bread and rolls produced by Bimbo Bakeries have decreased
absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of fresh baked bread
and rolls like or directly competitive with the article produced by Bimbo
Bakeries have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because increased imports
contributed importantly to the worker group separations and sales/production
declines at Bimbo Bakeries.
Conclusion
After careful review, I determine that workers of Bimbo Bakeries USA, Inc.,
a wholly owned subsidiary of BBU, Inc., including workers whose unemployment
insurance (UI) wages were reported through Earthgrains Baking Companies, Inc.,
Wichita, Kansas, who are engaged in activities related to production of fresh
baked bread and rolls, 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 Bimbo Bakeries USA, Inc., a wholly owned subsidiary of BBU,
Inc., including workers whose unemployment insurance (UI) wages were reported
through Earthgrains Baking Companies, Inc., Wichita, Kansas who became totally
or partially separated from employment on or after March 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 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 6th day of November, 2015


/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,122

BIMBO BAKERIES USA, INC.
A WHOLLY OWNED SUBSIDIARY OF GRUPO BIMBO, S.A.B. DE C.V.
WICHITA, KANSAS

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 6, 2014 by a State Workforce Official on behalf
of workers of Bimbo Bakeries USA, Inc., a wholly owned
subsidiary of Grupo Bimbo, S.A.B. de C.V., Wichita, Kansas.
The workers' firm is engaged in activities related to the
production of fresh baked bread and rolls.
The petitioner alleges that international competition was
the cause of worker separations. During the course of the
investigation, information was collected from the workers'
firm and an independent market research company.
With respect to Section 222(a)(2)(A)(iii), the
investigation revealed the worker separations are not
attributable to increased imports of articles like or directly
competitive with the fresh baked bread and rolls produced by
the firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm has not shifted
production of articles like or directly competitive with fresh
baked bread and rolls to a foreign country. Rather, the
investigation confirmed that production was shifted from the
Wichita, Kansas facility to an affiliated location within the
United States.
With respect to Section 222(b) of the Act, the
investigation revealed that the 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).
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 (TAA). 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 Bimbo Bakeries
USA, Inc., a wholly owned subsidiary of Grupo Bimbo, S.A.B. de
C.V., including workers whose unemployment insurance (UI)
wages are reported through Earthgrains Baking Companies, Inc.,
Wichita, Kansas 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 1st day of April 2014


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