DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-85,197

BIMBO BAKERIES, USA, INC.
A WHOLLY OWNED SUBSIDIARY OF BBU, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES WERE
REPORTED THROUGH
OROGRAIN BAKERIES MANUFACTURING, INC.
BAY SHORE, NEW YORK

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 April 2, 2014, resulted in a
negative determination, issued on July 14, 2014, that was based on findings
that there were no increase imports of articles like or directly competitive
to those produced by the workers and the firm did not shift production of
articles to a foreign country. The determination was applicable to workers
and former workers of Bimbo Bakeries, USA, Inc., a wholly owned subsidiary
of BBU, Inc., Bay Shore, New York. The workers’ firm is engaged in activities
related to the production of Danish and sweet goods. The subject worker group
includes workers whose unemployment insurance (UI) wages were reported through
Orograin Bakeries Manufacturing, Inc.
Based on information reviewed during the reconsideration investigation, the
Department of Labor determines that the company has increased imports and the
increased imports contributed importantly to the workers separations at the
subject firm.
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/or production of
danishes and sweet goods by Bimbo Bakeries, USA, Inc. have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because company imports of articles like
or directly competitive with the article produced by Bimbo Bakeries, USA, Inc.
have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because increased company imports
contributed importantly to the worker group separations and sales/production
declines at Bimbo Bakeries, USA, Inc.
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 Orograin Bakeries Manufacturing, Inc., Bay Shore,
New York, who are engaged in activities related to production of danishes and sweet
goods, 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
Orograin Bakeries Manufacturing, Inc., Bay Shore, New York who became totally or
partially separated from employment on or after April 1, 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-85,197

BIMBO BAKERIES, USA, INC.
A WHOLLY OWNED SUBSIDIARY OF BBU, INC.
BAY SHORE, NEW YORK

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 April 2, 2014 by a state workforce office on behalf of
workers of Bimbo Bakeries USA, Inc., a wholly owned subsidiary
of BBU, Inc., Bay Shore, New York. The workers' firm is
engaged in activities related to the production of fresh baked
danishes and sweet goods.
The petitioner alleges that, "The business is a division
of Grupo Bimbo of Mexico. The stated in a WARN Act filing
that production will be relocated to bakeries in their
manufacturing chain."
During the course of the investigation, information was
collected from the workers' firm and from surveys of the
firm's major declining customers.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Bimbo Bakeries USA, Inc. did not
shift production of baked danishes and sweet goods to a foreign
country. Rather, the investigation confirmed that Bimbo
Bakeries USA, Inc. is shifting production to other facilities
within the United States.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that increased imports of articles like
or directly competitive with danishes and sweet goods did not
contribute importantly to the worker separations at the
subject firm.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Bimbo Bakeries USA, Inc. is not a
Supplier or a 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).
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 Bimbo Bakeries
USA, Inc., a wholly owned subsidiary of BBU, Inc., Bay Shore,
New York engaged in activities related to the production of
fresh baked danishes and sweet goods 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 14th day of July, 2014


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