UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,114

KELLOGG USA, LLC

A SUBSIDIRAY OF KELLOGG COMPANY

BATTLE CREEK, MICHIGAN

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 November 8, 2021 and
filed on November 9, 2021 by the State Workforce Office, on behalf
of former workers of Kellogg USA, LLC, a subsidiary of Kellogg
Company, Battle Creek, Michigan. In accordance with 20 C.F.R.
618.110 a worker group is defined as, ""¦inclusive of teleworkers
and staffed workers."

The petitioning group of workers is engaged in activities
related to the production of Ready To Eat Cereal.

The petition alleges that worker separations, or threats
thereof, were due to "Kellogg conducting ongoing analysis of the
RTEC and other networks; thus the firm has plans to shift
production of their RTE cereals to their affiliates in Mexico and
Canada."

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 Ready To Eat Cereal 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).

The Department has determined that the requirement set forth
within Section 246(a)(3)(A)(ii)(II) have 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 workers of Kellogg USA,
LLC, a subsidiary of Kellogg Company, Battle Creek, Michigan, who
are engaged in activities related to the production of Ready To
Eat Cereal 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 workers of Kellogg USA, LLC, a subsidiary of
Kellogg Company, Battle Creek, Michigan, who became totally
or partially separated from employment on or after November
8, 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 Kellogg USA, LLC, a
subsidiary of Kellogg Company, Battle Creek, Michigan 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 4th day of January, 2022

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

Certifying Officer, Office of

Trade Adjustment Assistance