Certified
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TAW-91593  /  Alexander & Baldwin, LLC (Puunene, HI)

Petitioner Type: Union
Impact Date: 11/16/2014
Filed Date: 03/16/2016
Most Recent Update: 03/22/2016
Determination Date: 03/22/2016
Expiration Date: 11/16/2016

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,593

ALEXANDER & BALDWIN, LLC
HAWAIIAN COMMERCIAL & SUGAR COMPANY
A WHOLLY-OWNED SUBSIDIARY OF ALEXANDER & BALDWIN, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
EXCEPTIONAL INC. DBA EMPLOYERS OPTIONS
PUUNENE, HAWAII

Certification 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.
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), are
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 (B) or (C) of paragraph (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 16, 2016 by the International Longshore and
Warehouse Union, Local 142 on behalf of workers of Alexander &
Baldwin, LLC, Hawaiian Commercial & Sugar Company division, a
wholly-owned subsidiary of Alexander & Baldwin, Inc.,
including on-site leased workers from Exceptional Inc. dba
Employers Options, Puunene, Hawaii. The workers’ firm is
engaged in activities related to the production of bulk raw
sugar, specialty food grade sugars and molasses; leases
agricultural land to third parties, and generates and sells
electricity to the extent not used in segment operations.
The investigation revealed that on November 16, 2015, the
International Trade Commission found that an industry in the
United States is materially injured by reason of imports of
sugar from Mexico, which have been found by the Department of
Commerce to be sold in the United States at less than fair
value, and to be subsidized by the government of Mexico. A
petition has been filed on behalf of workers of Alexander &
Baldwin, LLC, Hawaiian Commercial & Sugar Company division, a
wholly-owned subsidiary of Alexander & Baldwin, Inc.,
including on-site leased workers from Exceptional Inc. dba
Employers Options, Puunene, Hawaii. That firm was 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). In addition, that determination
was published in the Federal Register on November 16, 2015,
which is within one year of the date of the petition filed
requesting Trade Adjustment Assistance (TAA) Certification.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Alexander & Baldwin,
LLC, Hawaiian Commercial & Sugar Company division, a wholly-
owned subsidiary of Alexander & Baldwin, Inc., including on-
site leased workers from Exceptional Inc. dba Employers
Options, Puunene, Hawaii, engaged in activities related to the
production of raw sugar, molasses, specialty sugars, and
electricity meet the requirements of Section 222(e) of the Act.
In accordance with Section 223 of the Act, I make the following
certification:
“All workers of Alexander & Baldwin, LLC, Hawaiian
Commercial & Sugar Company division, a wholly-owned
subsidiary of Alexander & Baldwin, Inc., including on-
site leased workers from Exceptional Inc. dba Employers
Options, Puunene, Hawaii, who became totally or partially
separated from that employment on or after November 16,
2014, through the date of the certification and who become
totally or partially separated from that employment from
the date of the certification through November 16, 2016,
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 22nd day of March, 2016.


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