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TAW-98072  /  Malteurop North America (Milwaukee, WI)

Petitioner Type: Union
Impact Date: 09/24/2020
Filed Date: 09/29/2021
Most Recent Update: 11/24/2021
Determination Date: 11/24/2021
Expiration Date: 11/24/2023



UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,072

MALTEUROP NORTH AMERICA

MILWAUKEE PLANT

MILWAUKEE, WISCONSIN

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

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
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.

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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

(2)(B)(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 under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic 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

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated September 24, 2021
and filed on September 29, 2021 by United Auto Workers (UAW), on
behalf of former workers of Malteurop North America, Milwaukee
Plant, Milwaukee, Wisconsin (hereafter referred to as the
"Malteurop"). In accordance with 20 C.F.R. 618.110 a worker group
is defined as, ""¦inclusive of teleworkers and staffed workers."

The worker group is engaged in activities related to the
production of malt.

The petition alleges that worker separations, or threats
thereof, were due to increased foreign imports.

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

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)(B) has been met because the firm shifted
production of an article, like or directly competitive with the
article produced by the workers' firm, to a foreign country that
is party to a free trade agreement with the United States.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.

The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria are met:

(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older.

The Department has determined that the requirement set for
within section 246(a)(3)(A)(ii)(II) has not been met because
workers in the workers' firm possess skills that are easily
transferable.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Malteurop North
America, Milwaukee Plant, Milwaukee, Wisconsin, who are engaged in
activities related to the production of malt 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 Malteurop North America, Milwaukee Plant,
Milwaukee, Wisconsin, who became totally or partially
separated from employment on or after September 24, 2020,
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; and I further
determine that all workers of Malteurop North America,
Milwaukee Plant, Milwaukee, Wisconsin are denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974, as amended."

Signed in Washington, D. C. this 24th day of November, 2021.




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

Certifying Officer, Office of

Trade Adjustment Assistance