DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,805

RUSSELL STOVER CHOCOLATES, LLC
A SUBSIDIARY OF
CHOCOLADEFABRIKEN LINDT & SPRÜNGLI AG
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS EMPLOYMENT PROFESSIONALS, USC INC., AND ELWOOD STAFFING
MONTROSE, COLORADO

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 March 11, 2020 by a state workforce office on behalf
of workers of Russell Stover Chocolates, LLC, a subsidiary of
Chocoladefabriken Lindt & Sprüngli AG, including on-site leased
workers from Express Employment Professionals, USC Inc., and
Elwood Staffing, Montrose, Colorado ("Russell Stover Chocolates,
LLC"). Note - Chocoladefabriken Lindt & Sprüngli AG is also
better known as "Lindt Chocolates."
The workers' firm is engaged in activities related to the
production of chocolate confections which are both boxed and
individually packaged.
During the course of the investigation, information was
collected from the petitioner, workers' firm, 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 chocolate confections by Russell Stover
Chocolates, LLC have decreased.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with the
article produced by Russell Stover Chocolates, LLC 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
Russell Stover Chocolates, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Russell Stover
Chocolates, LLC, a subsidiary of Chocoladefabriken Lindt &
Sprüngli AG, including on-site leased workers from Express
Employment Professionals, USC Inc., and Elwood Staffing,
Montrose, Colorado, who are engaged in activities related to the
production of chocolate confections, 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 Russell Stover Chocolates, LLC, a
subsidiary of Chocoladefabriken Lindt & Sprüngli AG,
including on-site leased workers from Express Employment
Professionals, USC Inc., and Elwood Staffing, Montrose,
Colorado, who became totally or partially separated from
employment on or after March 10, 2019, 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 June 2020.

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