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TAA Decision 98025

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        UNITED STATES DEPARTMENT OF LABOR 

Employment and Training Administration 

TA-W-98,025 

OCEANA FOODS, INC. 

A MEMBER OF THE CHERRY CENTRAL COOPERATIVE 

SHELBY, MICHIGAN 

Negative Determinations 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 3, 2021 and 
filed on August 4, 2021 by a State Workforce Office on behalf of 
former workers of Oceana Foods, Inc., a member of The Cherry 
Central Cooperative, Shelby, Michigan (Oceana Foods-Shelby). 
Oceana Foods-Shelby is engaged in activities related to the 
dehydration, packaging, and distribution of cherries and other 
fruits. 

The petition alleges that increased imports of like or 
directly competitive articles have contributed importantly to 
the worker separations at Oceana Foods-Shelby. 

During the course of the investigation, information was 
collected from the petition, petition attachment(s), the 
workers' firm, and other sources. 

With respect to Section 222(a)(2)(A)(i) of the Act, the 
investigation revealed that Oceana Foods-Shelby has not 
experienced a decline in sales or production during the relevant 
period (one-year period prior to the petition date). 

With respect to Section 222(a)(2)(B) of the Act, the 
investigation revealed that the workers' firm did not shift 
production of like or directly competitive articles to a foreign 
country. 

With respect to Section 222(b)(2) of the Act, the 
investigation revealed that Oceana Foods-Shelby 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), and 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. 

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 Oceana Foods, Inc., 
a member of The Cherry Central Cooperative, Shelby, Michigan, 
are denied eligibility to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974, as amended, and are also 
denied eligibility to apply for alternative trade adjustment 
assistance under Section 246 of the Trade Act of 1974, amended. 

Signed in Washington, D. C. this 22nd day of September, 2021 

/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN 

Certifying Officer, Office of 

Trade Adjustment Assistance 


      

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