DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,101

SIMMONS PET FOOD, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ACCU STAFFING SERVICES
PENNSAUKEN, NEW JESEY


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;

(2)(B)(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/acquisition must have
contributed importantly to the workers'
separation or threat of separation.

The investigation was initiated in response to a petition
filed on July 28, 2020 by a state workforce office on behalf of
workers and former workers of Simmons Pet Food, Inc., including
on-site leased workers from Accu Staffing Services, Pennsauken,
New Jersey (Simmons-Pennsauken). The Pennsauken, New Jersey
facility has ceased operations.
During the course of the investigation, information was
collected from the petition and the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Simmons-Pennsauken have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(B) has been met because the workers' firm
has acquired from a foreign country a portion of the production of
articles like or directly competitive with the pet food produced
by the subject workers which contributed importantly to worker
group separations at Simmons-Pennsauken.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Simmons-Pennsauken, who
are engaged in activities related to the production of pet food,
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 Simmons Pet Food, Inc., including on-site
leased workers from Accu Staffing Services, Pennsauken, New
Jersey, who became totally or partially separated from
employment on or after July 27, 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 November 2020.

/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance