DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,500

J.R. SIMPLOT COMPANY
FOOD GROUP DIVISION
SCALE HOUSE
INCLUDING ON-SITE WORKERS FROM
BARRETT BUSINESS SERVICES, INC. (BBSI)
MOSES LAKE, WASHINGTON

TA-W-85,500A

J.R. SIMPLOT COMPANY
FOOD GROUP DIVISION
INCLUDING ON-SITE WORKERS FROM
BARRETT BUSINESS SERVICES, INC. (BBSI)
AND BEST TEMPORARY STAFFING SERVICES
OTHELLO, WASHINGTON

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).
The initial investigation, initiated on August 25, 2014,
resulted in a negative determination, issued on October 9, 2014, that
was based on the Department’s findings that worker separations are
attributable to the implementation of technology upgrades. The
determination was applicable to workers and former workers of J.R.
Simplot Company, Food Group Division, including on-site leased
workers from Barrett Business Services, Inc. (BBSI), Moses Lake,
Washington and J.R. Simplot Company, Food Group Division, including
on-site leased workers from Barrett Business Services, Inc. (BBSI)
and BEST Temporary Staffing Services, Othello, Washington.
During the reconsideration investigation, the Department
determines that the appropriate worker group covered by TA-W-85,500
consists of workers at the Scale House at J.R. Simplot Company, Food
Group Division, Moses Lake, Washington. The Department’s
determination on reconsideration reflects this clarification.
Workers of J.R. Simplot Company, Food Group Division, Scale House,
Moses Lake, Washington (TA-W-85,500) and J.R. Simplot Company, Food
Group Division, Othello, Washington (TA-W-85,500A) are engaged in
activities related to the weighing of delivered potatoes.
Based on information reviewed during the reconsideration
investigation, the Department determines that the requirements for
certification have not been met for either subject worker group.
With respect to Section 222(a) and Section 222(b) of the Act,
the investigation revealed that the requirement of Section 222(a)(1)
has not been met because a “significant number or proportion of the
workers in such workers’ firm,” as defined in 20 CFR 90.2, have not
become totally or partially separated, nor are they threatened to
become totally or partially separated. During the one-year period
prior to the petition date, fewer than three workers at J.R. Simplot
Company, Food Group Division, Scale House, Moses Lake, Washington
experienced such separation and less than 5% of the worker force at
J.R. Simplot Company, Food Group Division, Othello, Washington
experienced such separation.
Finally, the group eligibility requirements under Section 222(e)
of the Act, have not been satisfied because 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 J.R. Simplot
Company, Food Group Division, Scale House, including on-site leased
workers from Barrett Business Services, Inc. (BBSI), Moses Lake,
Washington (TA-W-85,500) and J.R. Simplot Company, Food Group
Division, including on-site leased workers from Barrett Business
Services, Inc. (BBSI) and BEST Temporary Staffing Services, Othello,
Washington (TA-W-85,500A), to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 28th day of March, 2016


/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-85,500

J.R. SIMPLOT COMPANY
FOOD GROUP DIVISION
INCLUDING ON-SITE WORKERS FROM
BARRETT BUSINESS SERVICES, INC. (BBSI)
MOSES LAKE, WASHINGTON

TA-W-85,500A

J.R. SIMPLOT COMPANY
FOOD GROUP DIVISION
INCLUDING ON-SITE WORKERS FROM
BARRETT BUSINESS SERVICES, INC. (BBSI)
AND BEST TEMPORARY STAFFING SERVICES
OTHELLO, WASHINGTON

Negative Determination 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 August 25, 2014 on behalf of workers of J.R. Simplot
Company, Food Group Division, Moses Lake, Washington (TA-W-85,500)
and J.R. Simplot Company, Food Group Division, Othello, Washington
(TA-W-85,500A). The workers' firm is engaged in activities related
to the production of frozen potato products. The worker group
includes on-site leased workers from Barrett Business Services,
Inc. (BBSI) at each of the two aforementioned locations. In
addition, the worker group of J.R. Simplot Company, Food Group
Division, Othello, Washington (TA-W-85,500A) also includes on-
site leased workers from BEST Temporary Staffing Services.
The petitioners alleged that their positions were being
eliminated due to restructuring because of a decrease in demand
for product from export companies.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that the worker separations are not
attributable to increased imports of articles.
With respect to Section 222(a)(2)(B), the investigation
revealed that the worker separations are not attributable to a
shift in production of articles to a foreign country. Rather, the
investigation confirmed that the worker separations are
attributable to the implementation of technology upgrades.
With respect to 222(b), the investigation revealed that J.R.
Simplot Company is not a Supplier or Downstream Producer to a
firm that employs a TAA-certified worker group.
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 J.R. Simplot
Company, Food Group Division, including on-site leased workers from
Barrett Business Services, Inc. (BBSI), Moses Lake, Washington (TA-
W-85,500) and J.R. Simplot Company, Food Group Division, including
on-site leased workers from Barrett Business Services, Inc. (BBSI)
and BEST Temporary Staffing Services, Othello, Washington (TA-W-
85,500A) engaged in activities related to the production of
frozen potato products are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 9th day of October, 2014.


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