UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,032

FALL CREEK FARM & NURSERY, INC.

PROPAGATION TEAM

LOWELL, OREGON

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 August 16, 2021 and
filed on August 16, 2021 by a State Workforce Office, on behalf
of workers of Fall Creek Farm & Nursery, Inc., Propagation Team,
Lowell, Oregon (hereafter referred to as the "worker group"). 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 genetic blueberry plants.

The petition alleges that worker separations, or threats
thereof, were due to, "The employer has stated that the micro
propagation will be performed in Mexico and Peru after 8-13-21."

During the course of the investigation, the Department
collected information from the petitioner and the workers' firm.

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 of a shift in
production of genetic blueberry plants to foreign countries that
are party to free trade agreements 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).

The Department has determined that criterion II has not been
met.

The investigation revealed that the 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 Fall Creek Farm &

Nursery, Inc., Propagation Team, Lowell, Oregon, who are engaged
in activities related to the production of genetic blueberry
plants 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 Fall Creek Farm & Nursery, Inc., Propagation
Team, Lowell, Oregon, who became totally or partially
separated from employment on or after August 16, 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 Fall Creek Farm & Nursery, Inc.,
Propagation Team, Lowell, Oregon 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 30th day of September, 2021


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance