DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,030

F/V KIAVAK
KODIAK, ALASKA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or





II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm firm, have become totally or partially
separated, or are threatened to become totally or
partially separated;

B. 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

C. One of the following must be satisfied:
1. 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;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. 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 on November 7, 2002 in
response to a petition filed by the company official on behalf
of workers at F/V Kiavak, Kodiak, Alaska. The workers produced
whole wild salmon.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm neither imported whole wild salmon from
another country nor did the subject firm shift production of
whole wild salmon to foreign country.

The Department conducted a survey of the subject firm's
major customer regarding purchases of whole wild salmon during
2000-2001 and in the January through October months of 2001-
2002.
Conclusion
After careful review, I determine that all workers of F/V
Kiavak, Kodiak, Alaska, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended.
Signed in Washington, D.C. this 23rd day of January 2003


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