DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,945

STATE OF ALASKA COMMERCIAL FISHERIES ENTRY COMMISSION PERMIT
#S04K61830V
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 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 June 4, 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 #S04K61830V, Kodiak, Alaska. The workers of the
subject group produce fresh and chilled 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 group did not
import fresh or chilled salmon from April 2001 through March 2003,
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 an increased reliance on domestic
purchases of fresh and chilled salmon.
Conclusion
After careful review, I determine that all workers covered
by State of Alaska Commercial Fisheries Entry Commission Permit
#S04K61830V, Kodiak, Alaska, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 30th day of July, 2003.

/s/ Linda G. Poole

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