[Federal Register Volume 65, Number 51 (Wednesday, March 15, 2000)]
[Notices]
[Page 13991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6381]



[[Page 13991]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,000 and NAFTA-3402]


Barry Callebaut USA, Incorporated, Van Leer Division, Jersey 
City, NJ; Notice of Negative Determination on Reconsideration

    On January 24, 2000, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The petitioners presented 
information regarding company imports of chocolate products and related 
ingredients and a shift in production of certain articles from Jersey 
City, New Jersey to Canada. The notice was published in the Federal 
Register on February 4, 2000 (65 FR 5690).
    The Department initially denied TAA to the workers of Barry 
Callebaut USA, Incorporated, Van Leer Division, Jersey City, New 
Jersey, because the ``contributed importantly'' group eligibility 
requirement of Section 222(3) of the Trade Act of 1974, as amended, was 
not met. The investigation revealed that the layoffs at the Jersey City 
plant were attributable to a consolidation of operations and transfer 
of plant production to other domestic affiliated plants. Company wide 
domestic sales and production increased during the relevant time 
period.
    The Department initially denied NAFTA-TAA for the workers of Barry 
Callebaut USA, Incorporated, Van Leer Division, Jersey City, New 
Jersey, because criteria (3) and (4) of paragraph (a)(1) of Section 250 
of the Trade Act were not met. Layoffs at the Jersey City plant were 
attributable to a consolidation of operations and transfer of plant 
production to other domestic affiliated plants. Company wide domestic 
sales and production increased during the relevant time period. There 
was no shift of production from Jersey City, New Jersey to Canada or 
Mexico, nor any significant company imports of chocolate products from 
Canada or Mexico.
    The petitioners claim that more than 30 percent of production and 
sales have been lost to Belgium and to the Canadian Barry Callebaut 
plants. On reconsideration, the Department contacted the company 
official to address petitioners' claims. The company has responded that 
it expects to shift some production from Jersey City to Canada in the 
near future, but to date, no shift has occurred. None of the production 
at the Jersey City plant has been shifted to Belgium. As found in the 
TAA petition investigation for workers of Barry Callebaut USA, 
Pennsauken, New Jersey (TA-W-35,971), the company does import cocoa 
powder. The Jersey City plant, however, is not impacted by increased 
imports of cocoa powder because workers rely on cocoa (raw material) to 
make their products. Cocoa powder production at the subject firm plant 
in Jersey City was relatively low in relation to total production at 
the subject plant and therefore, the Jersey City, New Jersey workers 
cannot be linked to the Pennsauken, New Jersey certification.
    Since there was no decline in sales in the time period relevant to 
the investigation, a customer survey would serve no purpose.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for adjustment assistance and 
NAFTA-TAA for workers and former workers of Barry Callebaut USA, 
Incorporated, Van Leer Division, Jersey City, New Jersey.

    Signed at Washington, D.C., this 6th day of March 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-6381 Filed 3-14-00; 8:45 am]
BILLING CODE 4510-30-M