UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,049

MONDELEZ GLOBAL LLC

AURORA COLORADO DISTRIBUTION FACILITY

AURORA, COLORADO

Negative Determination Regarding Eligibility

To Apply For Worker Adjustment Assistance

And Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("the Department") 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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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 three
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 such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and

(iii) the increase 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 or subdivision.

(B) Shift in Production Path:

(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and

(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;

(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or

(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

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 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."

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated August 31, 2021 and
filed on September 1, 2021 by a State Workforce Official, on behalf
of former workers of Mondelez Global LLC, Aurora Colorado
Distribution Facility, Aurora, Colorado (hereafter referred to as
the "group of workers"). In accordance with 20 C.F.R. 618.110 group
of workers is defined as, ""¦including teleworkers and staffed
workers."

The workers' firm is engaged in activities related to the
production of packaged snack foods. The subject workers are engaged
in activities related to the supply of sales and distribution of
packaged snack foods.

The petition alleges that worker separations, or threats
thereof, were due to foreign trade because, "Jobs being
moved/outsourced to Mexico..."

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift
production of packaged snack foods to a foreign country.

With respect to Section 222(a)(2)(A)(iii), the investigation
revealed that increased imports of articles like or directly
competitive with the articles produced by the workers' firm did
not contribute importantly to such workers' separation or threat
of separation and to the decline in sales or production at the
workers' firm.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that Mondelez Global LLC, Aurora Colorado
Distribution Facility, Aurora, Colorado 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).

With respect to Section 222(b)(2) of the Act, the
investigation revealed that Mondelez Global LLC, Aurora Colorado
Distribution Facility, Aurora, Colorado does not act as a
Downstream Producer to a firm (or subdivision, whichever is
applicable) 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), based on an increase in imports from, or a shift
in production to, Canada or Mexico.

With respect to Section 222(b)(3)(B) of the Act, the
investigation revealed that the workers' firm did not sustain a
loss of business with 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).

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA"), the group of workers must be certified eligible to apply
for Trade Adjustment Assistance ("TAA"). Because the group of
workers are denied eligibility to apply for TAA, the group of
workers cannot be certified eligible for ATAA.






Conclusion

After careful review of the facts obtained in the
investigation, I determine that all workers of Mondelez Global LLC,
Aurora Colorado Distribution Facility, Aurora, Colorado engaged in
activities related to the production of packaged snack foods are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also denied eligibility to
apply for Alternative Trade Adjustment Assistance under Section 246
of the Trade Act of 1974.

Signed in Washington, D.C., this 27th day of December, 2021



/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER

Certifying Officer, Office of

Trade Adjustment Assistance