DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,287

THE YANKEE CANDLE COMPANY, INC.

HOME FRAGRANCE BUSINESS UNIT - DISTRIBUTION CENTER

A WHOLLY OWNED SUBSIDIARY OF NEWELL BRANDS INC.

INCLUDING ON-SITE LEASED WORKERS FROM UNITED PERSONNEL

SOUTH DEERFIELD, MASSACHUSETTS

TA-W-95,287A

THE YANKEE CANDLE COMPANY, INC.

HOME FRAGRANCE BUSINESS UNIT "“ HEADQUARTERS OFFICES

A WHOLLY OWNED SUBSIDIARY OF NEWELL BRANDS INC.

INCLUDING ON-SITE LEASED WORKERS FROM UNITED PERSONNEL AND
ACCOUNTEMPS

SOUTH DEERFIELD, MASSACHUSETTS

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 October 16, 2019, by a State Workforce Office on behalf
of workers of The Yankee Candle Company, Inc., Home Fragrance
Business Unit "“ Distribution Center, a wholly owned subsidiary
of Newell Brands Inc., including on-site leased workers from
United Personnel, South Deerfield, Massachusetts (TA-W-95,287);
and The Yankee Candle Company, Inc., Home Fragrance Business
Unit - Headquarters Offices, a wholly owned subsidiary of Newell

Brands Inc., including on-site leased workers from United
Personnel and Accountemps, South Deerfield, Massachusetts (TA-
W-95,287A) ("Yankee Candle"). The workers' firm is engaged in
activities related to the supply of candle retail services.
Workers at the Distribution Center perform warehousing and
distribution operations for the company's home fragrance products,
and workers at the Headquarters Offices perform various
internally-facing administrative functions.

As it relates to the Distribution Center, the petitioner
provided the following allegation: "Some workers reported to the
local MassHire Career Center and informed staff that the
employer...would be opening a new "˜main distribution center' and
factory were opening in the Czech Republic, with the rumored
purpose to supply Europe and Asia. They were also told in a recent
meeting that many US retail locations were closing as offline and
European sales were becoming more of a focus... There was also
talk of reference to distribution centers in France and the United
Kingdom."

As it relates to the Headquarters Offices, the petitioner
provided the following allegation: "A laid off worker reported to
American Job Center staff that they think some of their work was
outsourced to Canada and France, and possibly other countries."

During the course of the investigation, information was
collected from the petitioner and the workers' firm.

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of the supply of candle
retail services and related activities did not increase. The
workers' firm did not report imports of the supply of candle
retail services and related activities, or any like or directly
competitive services, during the period relevant to the
investigation, January 2017 through September 2019.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
candle retail services and related activities or a like or
directly competitive service to a foreign country or acquire
candle retail services and related activities or a like or
directly competitive service from a foreign country.

As it relates to the Distribution Center, with respect to
Section 222(b)(2) of the Act, the investigation revealed that
Yankee Candle is not a Supplier 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).

As it relates to the Headquarters Offices, with respect
to Section 222(b)(3) of the Act, the investigation revealed that
Yankee Candle is a Supplier 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); however, the supply did
not consist of at least 20 percent of the workers' firm business;
furthermore, the loss of business did not contribute importantly
to workers' separation or threat thereof.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that Yankee Candle does not act as 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).

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 workers of The Yankee Candle
Company, Inc., Home Fragrance Business Unit "“ Distribution
Center, a wholly owned subsidiary of Newell Brands Inc.,
including on-site leased workers from United Personnel, South
Deerfield, Massachusetts (TA-W-95,287); and The Yankee Candle
Company, Inc., Home Fragrance Business Unit - Headquarters

Offices, a wholly owned subsidiary of Newell Brands Inc.,
including on-site leased workers from United Personnel and
Accountemps, South Deerfield, Massachusetts (TA-W-95,287A),
engaged in activities related to the supply of candle retail
services, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 17th day of March, 2021.


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance