DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,529

BIMBO BAKERIES USA, INC.
THRIFT STORE
SPENCER, IOWA

TA-W-91,529A

BIMBO BAKERIES USA, INC.
THRIFT STORE
SIOUX CITY, IOWA

Negative Determination Regarding Eligibility
To Apply for Worker 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), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

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 or
service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on March 1, 2016 on behalf of workers of Bimbo Bakeries
USA, Inc., Thrift Store, Spencer, Iowa (TA-W-91,529) and Bimbo
Bakeries USA, Inc., Thrift Store, Sioux City, Iowa (TA-W-
91,529A) (herein referred to as "Bimbo Bakeries USA, Inc. -
Thrift Store"). The workers' firm is engaged in activities
related to the supply of retail services for the firm's
production of baked goods (bread, buns, and cake products).
The petitioners provided the following allegations: "We
are filing this petition because of the workers who lost their
jobs due to the closure of the Earth Grains Bakery Outlet
Stores in Spencer, Iowa and Sioux City, Iowa. We believe that
the closure of the Bakery Outlets may have been directly
affected by the closure of Bimbo Bakeries USA in Sioux City,
Iowa (Certified Petition #85295)."
During the course of the investigation, information was
collected from the workers' firm and the petitioners.
With respect to Section 222(a)(2)(A)(iii) of the Act, the
investigation revealed that increased imports do not
contribute importantly to the worker group separations at the
subject firm. The worker group sells domestically made and
foreign made products. An increase in imports of baked goods
would not change this.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
retail services or a like or directly competitive service to a
foreign country or acquire retail services or a like or
directly competitive service from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Bimbo Bakeries USA - Thrift Store
is not a Supplier or 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). Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines
the term "Supplier" as "a firm that produces and supplies
directly to another firm component parts for articles, or
services used in the production of articles or in the supply of
services..." Section 222(c) of the Act, 19 U.S.C. § 2272(c),
defines the term "Downstream Producer" as "a firm that performs
additional, value-added production processes or services
directly for another firm for articles or services with respect
to which a group of workers in such other firm has been
certified under subsection (a) [of Section 222 of the Act]" and
defines the term "value-added production processes or services"
to "include final assembly, finishing, testing, packaging, or
maintenance or transportation services."
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either 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 of the facts obtained in the
investigation, 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 Bimbo Bakeries USA,
Inc., Thrift Store, Spencer, Iowa (TA-W-91,529) and Bimbo
Bakeries USA, Inc., Thrift Store, Sioux City, Iowa (TA-W-
91,529A) engaged in activities related to the supply of retail
services for the firm's production of baked goods 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 April 2016.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance