DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,589

ORIGINAL CHILI BOWL
A SUBSIDIARY OF WINDSOR FOODS
TULSA, OKLAHOMA

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 October 10, 2014,
resulted in a negative determination, issued on January 22, 2015,
that was based on the Department’s findings that the subject firm
did not shift production of chili, taco meat, and barbeque products
to a foreign country and that, during the relevant time period,
neither the subject firm nor its customers increased imports of
like or directly competitive articles. The determination was
applicable to workers and former workers of Original Chili Bowl, a
subsidiary of Windsor Foods, Tulsa, Oklahoma (Original Chili
Bowl). The workers’ firm is engaged in activities related to the
production of chili, taco meat, and barbeque products. The worker
group does not include on-site leased workers.
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 neither the subject firm nor its
declining customers increased imports of chili, taco meat, or
barbeque products, or like or directly competitive articles,
during the twelve month period prior to the petition date
(September 19, 2014).
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift the
production of chili, taco meat, or barbeque products, or like or
directly competitive articles, to a foreign country or acquire
the production of chili, taco meat, or barbeque products, or like
or directly competitive articles, from a foreign country. Rather,
the production of these articles was shifted to an affiliated
facility in Texas.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Original Chili Bowl 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Original Chili Bowl does not act as 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).
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 Original
Chili Bowl, a subsidiary of Windsor Foods, Tulsa, Oklahoma, to
apply for adjustment assistance, in accordance with Section 223 of
the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 18th 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-85,589

ORIGINAL CHILI BOWL
A SUBSIDIARY OF WINDSOR FOODS
TULSA, OKLAHOMA

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 October 10, 2014 on behalf of workers of Original Chili
Bowl, a subsidiary of Windsor Foods, Tulsa, Oklahoma (hereafter
referred to as "Original Chili Bowl"). The workers' firm is
engaged in activities related to the production of chili, taco
meat, and barbeque products. The worker group does not include
on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm and customers.
The petition states "I believe that some of our workers'
firm can't compete with the new technology that's taking over.
It's causing the smaller firms to shutdown and allowing the
bigger firms to come in and buy out the smaller firms. Letter
from company states Japanese CO (company) trying to buy our
company."

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift production of
chili, taco meat, or barbeque products, 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 neither the firm nor customers
increased imports of chili, taco meat, or barbeque products, or
like or directly competitive articles during the relevant time
period.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Original Chili Bowl 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Original Chili Bowl does not act as
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), 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 Trade Adjustment Assistance (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 Original Chili
Bowl, a subsidiary of Windsor Foods, Tulsa, Oklahoma, 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 22nd day of January, 2015


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance