DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,516

BIMBO BAKERIES USA, INC.
A WHOLLY OWNED SUBSIDIARY OF BBU, INC.
FRESNO, CALIFORNIA

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 September 4, 2014,
resulted in a negative determination, issued on November 25, 2014,
that was based on the result of no import increased or shifts in
production abroad. The determination was applicable to workers and
former workers of Bimbo Bakeries USA, Inc., a wholly owned
subsidiary of BBU, Inc., Fresno, California (herein referred to
as “Bimbo Bakeries USA, Inc.”)
The workers’ firm is engaged in activities related to the
production of baked goods, specifically hot dog and hamburger
rolls and buns.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the company
has increased imports during the relevant base period from 2013 to
2014.
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 hot dog and hamburger buns 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 hamburger and hot dog bus 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.,
Fresno, California, who are engaged in activities related to
production of hot dog and hamburger buns, 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., Fresno, California who became
totally or partially separated from employment on or after
September 3, 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 7th day of December, 2015


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



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,516

BIMBO BAKERIES USA, INC.
A WHOLLY-OWNED SUBSIDIARY OF BBU, INC.
FRESNO, CALIFORNIA

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 September 4, 2014 by a state workforce office on
behalf of workers of Bimbo Bakeries USA, Inc., a wholly owned
subsidiary of BBU, Inc., Fresno, California. The workers' firm
is engaged in activities related to production of baked goods.
The petitioner alleged that, "Products made in Mexico
will be increased." During the course of the investigation,
information was collected from the workers' firm, the
petitioner, and the firm's major customers.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of baked goods to a foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with the baked goods produced by Bimbo
Bakeries USA, Inc. have not increased.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Bimbo Bakeries USA is not a
Supplier and Downstream Producers 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., Fresno,
California engaged in activities related to the production of
baked 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 25th day of November, 2014

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