DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,721

FISHING VESSEL (F/V) TOWEGO
KETCHIKAN, ALASKA

Notice of Revised Determination
on Reconsideration

By letter of June 10, 2003, the company official requested
administrative reconsideration of the Department’s Negative
Determination Regarding Eligibility for workers and former
workers of Fishing Vessel (F/V) Towego, Ketchikan, Alaska to
apply for worker adjustment assistance, under petition number
TA-W-51,721. The notice was issued on May 13, 2003, and
published in the Federal Register on June 3, 2003 (68 FR 33197).
The initial petition was denied because the investigation
found that the workers provided a service for an unaffiliated
firm.
New information provided by the company shows that the
subject firm workers were engaged in employment related to the
production of processed salmon. The subject firm lost at least
20 percent of its business with a salmon processor whose workers
were certified eligible to apply for Trade Adjustment Assistance.



Conclusion
After careful review of the facts obtained in the
reconsideration, I determine that workers of Fishing Vessel (F/V)
Towego, Ketchikan, 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 Fishing Vessel (F/V) Towego, Ketchikan,
Alaska, who became totally or partially separated from
employment on or after May 5, 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-51,721

FISHING VESSEL (F/V) TOWEGO
KETCHIKAN, 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 investigation was initiated on May 8, 2003 in response to a petition filed on behalf of
workers of Fishing Vessel (F/V) Towego, Ketchikan, Alaska. Workers of the subject group were
seasonally chartered to purchase salmon.
The investigation revealed that the petitioning workers of this firm or subdivision do not
produce an article within the meaning of Section 222 of the Act. The Department of Labor has
consistently determined that the performance of services does not constitute production of an article,
as required by Section 222 of the Trade Act of 1974, and this determination has been upheld in the
U.S. Court of Appeals.
Workers at the firm or subdivision 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
their 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 of this group.
Conclusion
After careful review, I determine that all workers of Fishing Vessel (F/V) Towego,
Ketchikan, Alaska are denied eligibility to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D. C. this 13th day of May, 2003
/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance