DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-42,242

SUPER SHRIMP, INC.
YUMA, ARIZONA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated on October 15, 2002, in
response to a petition filed on behalf of workers of Super Shrimp,
Inc., Yuma, Arizona. The affected workers were engaged in
employment related to the packing and distribution of live shrimp.


The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
222(3) of the Trade Act of 1974. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by the Trade Act
of 1974, and this determination has been upheld in the U. S. Court
of Appeals.
Workers of the subject facility may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers performing packing and
distribution services at the subject firm.
Conclusion
After careful review, I determine that all workers at Super
Shrimp, Inc., Yuma, Arizona are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 28th day of October, 2002.




/s/Linda G. Poole________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance