DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,834

MONDELEZ INTERNATIONAL
CUSTOMER SERVICE OPERATIONS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
WILKES BARRE, PENNSYLVANIA

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 February 18, 2015,
resulted in a negative determination, issued on March 31, 2015,
that was based on the Department of Labor’s finding that neither a
shift of production nor increased imports of finished food goods
(such as cookies, crackers, candy, and gum) did not contributed
importantly to workers’ separations. The determination was
applicable to workers and former workers of Mondelez International,
Customer Service Operations Division, Wilkes Barre, Pennsylvania
(Mondelez International-Customer Service Operations Division).
The subject worker group includes on-site leased workers from
Kelly Services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the supply
of customer service operations shifted services to a foreign
country, which contributed importantly to the workers separations
at Mondelez International-Customer Service Operations Division.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Mondelez International-Customer
Service Operations Division have become totally or partially
separated, or are threatened to become totally or partially
separated.
Section 222(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country the supply of a(n) service like or
directly competitive with the service supplied by the subject
workers which contributed importantly to worker group separations
at Mondelez International-Customer Service Operations Division.
Conclusion
After careful review, I determine that workers of Mondelez
International-Customer Service Operations Division, who are engaged
in activities related to supply of customer service operations,
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 Mondelez International, Customer Service
Operations Division, including on-site leased workers from
Kelly Services, Wilkes Barre, Pennsylvania who became totally
or partially separated from employment on or after February
18, 2014, 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 5th day of January, 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-85,834

MONDELEZ INTERNATIONAL
CUSTOMER SERVICE OPERATIONS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
WILKES BARRE, PENNSYLVANIA


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 February 18, 2015 by a company official on behalf of
workers of Mondelez International, Customer Service Operations
Division, Wilkes Barre, Pennsylvania (Mondelez International).
The workers' firm is engaged in activities related to the
production of finished goods-food (cookies, crackers, candy,
chocolate and gum). The affected worker groups are engaged in
activities related to the supply of customer service operations.
The worker groups included on-site leased/temporary workers
from Kelly Services.
The petitioners alleged the workers separations are due
to "a strategic business decision, select roles within the Order
to Cash activities have been outsourced to off-shore locations
with another company."
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Mondelez International, did not
shift the production of finished goods-food, or like or directly
competitive services, to any foreign country.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of finished goods-food produced by
Mondelez International, have not increased during the relevant
period. The subject firm did not report increased imports of
finished goods-food, or like or directly competitive articles.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Mondelez International, is not 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).
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
TAA. Since the workers are denied eligibility to apply for TAA,
the workers cannot be certified eligible for ATAA.
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 Mondelez
International, Customer Service Operations Division, including
on-site leased/temporary workers from Kelly Services, Wilkes
Barre, Pennsylvania, are denied eligibility to apply for adjust-
ment 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 31st day of March, 2015

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