Petitioner Type: Workers
Impact Date: 07/01/2018
Filed Date: 07/02/2019
Most Recent Update: 09/19/2019
Determination Date: 09/19/2019
Expiration Date: 09/19/2021
Employment and Training Administration
TA-W-94,961
TREEHOUSE PRIVATE BRANDS, INC.
A SUBSIDIARY OF TREEHOUSE FOODS, INC.
BATTLE CREEK, MICHIGAN
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(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 have become totally or partially separated, or
are threatened to become totally or partially separated; and
(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and
(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm 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.
The investigation was initiated in response to a petition
filed on July 2, 2019 by three workers on behalf of workers of
TreeHouse Private Brands, Inc., a subsidiary of TreeHouse
Foods, Inc., Battle Creek, Michigan ("TreeHouse"). The workers'
firm is engaged in activities related to the production of
ready-to-eat cereal.
During the course of the investigation, information was
collected from the workers' firm, the petitioner, and the major
declining customer(s) of 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 ready-to-eat cereal by TreeHouse 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 TreeHouse 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
TreeHouse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of TreeHouse Private
Brands, Inc., a subsidiary of TreeHouse Foods, Inc., Battle
Creek, Michigan, who are engaged in activities related to the
production of ready-to-eat cereal 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 TreeHouse Private Brands, Inc., a
subsidiary of TreeHouse Foods, Inc., Battle Creek,
Michigan, who became totally or partially separated from
employment on or after July 1, 2018, 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 19th day of September 2019.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance