DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-51,275

STATE OF ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION
PERMIT NUMBER SO4T65905
DILLINGHAM, ALASKA

Notice of Revised Determination
on Reconsideration

By letter of April 25, 2003, the company official requested
administrative reconsideration of the Department’s Negative
Determination Regarding Eligibility for Workers under State of
Alaska Commercial Fisheries Entry Commission Permit Number
SO4T65905, Dillingham, Alaska, to Apply for Worker Adjustment
Assistance. The notice was published in the Federal Register on
April 29, 2003 (68 FR 16834).
The initial petition was denied because there had been no
employment decline. The company official however has provided
information showing that workers are no longer producing salmon
under State of Alaska Commercial Fisheries Entry Commission,
Permit Number SO4T65905, Dillingham, Alaska. All workers have
been separated.
The salmon processor to which the subject firm sold its
salmon is no longer in business. Workers of the salmon processor
are certified eligible to apply for adjustment assistance.



Conclusion
After careful review of the facts obtained in the
reconsideration, I determine that workers covered by State of
Alaska Commercial Fisheries Entry Commission, Permit Number
SO4T65905, Dillingham, Alaska, qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended.
In accordance with the provisions of the Act, I make the
following revised determination:
"All workers of State of Alaska Commercial Fisheries Entry
Commission, Permit Number SO4T65905, Dillingham, Alaska, who
became totally or partially separated from employment on or
after March 21, 2002, through two years from the date of
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 26th day of August, 2003.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,275

STATE OF ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION PERMIT
# S04T65905
DILLINGHAM, 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,
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 March 24, 2003, in response
to a petition filed by a company official on behalf of the group of
workers covered by State of Alaska Commercial Fisheries Entry
Commission Permit # S04T65905, Dillingham, Alaska. The workers of
the subject group produce fresh and chilled salmon.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation showed no decline in employment for the
subject group from 2001 to 2002.


Conclusion
After careful review, I determine that all workers covered by
State of Alaska Commercial Fisheries Entry Commission Permit #
S04T65905, Dillingham, Alaska, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 26th day of March, 2003



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