DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,013

PACIFIC
CHERITON, VIRGINIA

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(e) of the Act, 19 U.S.C. § 2272(e), are
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (B) or (C) of paragraph (1) is
published in the Federal Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on June 26, 2020 by a state workforce office on behalf of
former workers of Pacific, Cheriton, Virginia. The workers' firm
is engaged in activities related to the production of tomatoes.
The investigation revealed that the International Trade
Commission (ITC) found that an industry in the United States is
materially injured by reason of imports of fresh tomatoes from
Mexico. Pacific, Cheriton, Virginia was publicly identified by
name by the ITC as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e). In
addition, that determination was published in the Federal Register
on December 12, 2019, which is within one year of the date of
the Trade Adjustment Assistance petition.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Pacific, Cheriton,
Virginia, who are engaged in the production of tomatoes, meet
the requirements of Section 222(e) of the Act. In accordance with
Section 223 of the Act, I make the following certification:
"All workers of Pacific, Cheriton, Virginia, who became
totally or partially separated from that employment on or
after December 12, 2018, through the date of the
certification and who become totally or partially separated
from that employment from the date of the certification
through December 12, 2020, 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 4th day of September 2020.

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