Petitioner Type: Company
Impact Date:
Filed Date: 01/22/2003
Most Recent Update: 03/03/2003
Determination Date: 03/03/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,618
FISHING VESSEL (FV) LILA-L
NAKNEK, ALASKA
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, the Department of Labor herein presents the
results of its 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 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 January 23, 2003, in
response to a petition filed by the owner on behalf of workers of
F/V Lila-L, Naknek, Alaska. The workers produce fresh salmon.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject worker group did
not import fresh or chilled salmon during 2001 or 2002, nor did
they shift production of fresh or chilled salmon to a foreign
country.
The Department of Labor surveyed the subject group's major
declining customer regarding its purchases of fresh and chilled
salmon. This survey revealed no increased imports of fresh or
chilled salmon during the relevant period.
Conclusion
After careful review, I determine that all workers of Fishing
Vessel (F/V) Lila-L, Naknek, 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 3rd day of March, 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance