DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,058

HERMISTON FOODS, LLC
A SUBSIDIARY OF NORPAC FOODS, INC.
HERMISTON, OREGON

TA-W-93,058A

NORPAC FOODS, INC.
PLANT 7
SALEM, OREGON

TA-W-93,058B

NORPAC FOODS, INC.
BROOKS PLANT
SALEM, OREGON

TA-W-93,058C

NORPAC FOODS, INC.
STAYTON PLANT
STAYTON, OREGON

Determinations 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 August 4, 2017, by a state workforce office on behalf
of workers of Hermiston Foods, LLC, a subsidiary of NORPAC
Foods, Inc., Hermiston, Oregon (TA-W-93,058), NORPAC Foods,
Inc., Plant 7, Salem, Oregon (TA-W-93,058A), NORPAC Foods,
Inc., Brooks Plant, Salem, Oregon (TA-W-93,058B), NORPAC
Foods, Inc., Stayton Plant, Stayton, Oregon (TA-W-93,058C).
The workers' firm, Hermiston Foods, LLC, Hermiston,
Oregon (TA-W-93,058) is engaged in activities related to the
production of frozen vegetables. NORPAC Foods, Inc. located
at Plant 7, Salem, Oregon (TA-W-93,058A), Brooks Plant, Salem
Oregon (TA-W-93,058B), and Stayton Plant, Stayton, Oregon (TA-
W-93,058C), produces frozen vegetables and also canned
vegetables. Hermiston Foods, LLC is a supplier of frozen
vegetables products to NORPAC Foods, Inc. to supplement
production.
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and the major
declining customer(s) of the workers' firm.
TA-W-93,058B, TA-W-93,058C

With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not
been met because a significant number or proportion of the
workers in such workers' firm, have not become totally or
partially separated, nor are they threatened to become totally
or partially separated. Per 29 C.F.R. 90, a significant number
of workers is defined as, "(a) In most cases the total or
partial separations, or both, in a firm or appropriate
subdivision thereof, are the equivalent to a total unemployment
of five percent (5 percent) of the workers or 50 workers,
whichever is less; or (b) At least three workers in a firm (or
appropriate subdivision thereof) with a work force of fewer than
50 workers would ordinarily have to be affected." In this case,
that was not met.
TA-W-93,058, TA-W-93,058A

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 frozen vegetables and canned vegetables
by Hermiston Foods, LLC, a subsidiary of NORPAC Foods, Inc.,
Hermiston, Oregon (TA-W-93,058) and NORPAC Foods, Inc., Plant 7,
Salem, Oregon (TA-W-93,058A), have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
articles produced by Hermiston Foods, LLC, a subsidiary of
NORPAC Foods, Inc., Hermiston, Oregon (TA-W-93,058) and NORPAC
Foods, Inc., Plant 7, Salem, Oregon (TA-W-93,058A), have
increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased customer imports contributed importantly to the
worker group separations and sales/production declines at
Hermiston Foods, LLC, a subsidiary of NORPAC Foods, Inc.,
Hermiston, Oregon (TA-W-93,058) and NORPAC Foods, Inc., Plant 7,
Salem, Oregon (TA-W-93,058A).
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hermiston Foods, LLC,
a subsidiary of NORPAC Foods, Inc., Hermiston, Oregon (TA-W-
93,058) and NORPAC Foods, Inc., Plant 7, Salem, Oregon (TA-W-
93,058A), who are engaged in activities related to the
production of frozen vegetables and canned vegetables, 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 Hermiston Foods, LLC, a subsidiary of NORPAC
Foods, Inc., Hermiston, Oregon (TA-W-93,058) and NORPAC
Foods, Inc., Plant 7, Salem, Oregon (TA-W-93,058A), who
became totally or partially separated from employment on or
after August 3, 2016, 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."
Additionally, 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 NORPAC Foods, Inc.,
Brooks Plant, Salem, Oregon (TA-W-93,058B), NORPAC Foods, Inc.,
Stayton Plant, Stayton, Oregon (TA-W-93,058C) engaged in
activities related to the production of canned and frozen
vegetables to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 15th day of May 2018.

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