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TAW-85593  /  The NutraSweet Company (Augusta, GA)

Petitioner Type: Company
Impact Date: 10/13/2013
Filed Date: 10/14/2014
Most Recent Update: 11/14/2014
Determination Date: 11/14/2014
Expiration Date: 11/14/2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,593

THE NUTRASWEET COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM GREENWOOD, INC., BENNETT
DISTRIBUTION SERVICES, AND UNIVERSAL PROTECTION SERVICES
AUGUSTA, GEORGIA

Certification 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.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) 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)(B)(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
under the African Growth and Opportunity Act, or the
Caribbean Basin Economic 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.

The investigation was initiated in response to a petition
filed on October 14, 2014 by a company official on behalf of
workers of The NutraSweet Company, Augusta, Georgia (The
NutraSweet Company). The workers are engaged in activities
related to the production of sweeteners and are not separately
identifiable by product line. The subject worker group includes
on-site leased workers from Greenwood, Inc., Bennett
Distribution Services, and Universal Protection Services.
During the course of the investigation, information was
collected from the workers' 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 sweeteners produced by The NutraSweet
Company have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by The NutraSweet Company have increased during the
relevant period.
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 The NutraSweet
Company.
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in The NutraSweet Company are 50
years of age or older. Section 246(a)(3)(A)(ii)(II) has been met
because the workers in The NutraSweet Company possess skills
that are not easily transferrable. Section 246(a)(3)(A)(ii)(III)
has been met because conditions within the workers' industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the workers of The NutraSweet
Company, Augusta, Georgia, who are engaged in activities related
to the production of sweetener products, 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 The NutraSweet Company, including on-site
leased workers from Greenwood Inc., Bennett Distribution
Services, and Universal Protection Service, Augusta,
Georgia, who became totally or partially separated from
employment on or after October 13, 2013, 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, and are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 14th day of November, 2014

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance