DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,513

STATE OF ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION PERMIT #
S04T64695F
TOGIAK, 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 April 16, 2003 in response
to a petition filed by a company official on behalf of workers at
State of Alaska Commercial Fisheries Entry Commission Permit #
S04T64695F, Togiak, Alaska. The workers at the subject firm
produce fresh salmon.
The investigation revealed that criterion (a)(2)(A)(I.A) was
not met.
The investigation revealed that employment levels during the
time periods of April 2001 through March 2002, and April 2002
through April 2003, were not sufficient for the establishment of a
worker group. In order to establish a valid worker group, there
must be at least three full-time workers employed at some point
during the period under investigation. Workers of the group
subject to this investigation did not meet this threshold level of
employment.


Conclusion
After careful review, I determine that all workers of State of
Alaska Commercial Fisheries Entry Commission Permit # S04T64695F,
Togiak, Alaska are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 23rd day of April 2003


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