DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,808

MAUI PINEAPPLE COMPANY, LTD.
HONOLUA PLANTATION AND KAHULUI CANNERY
KAHULUI, HAWAII

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 September 11, 2003 in
response to a petition filed by the International Longshore and
Warehouse Union on behalf of workers at Maui Pineapple Company,
Ltd., Honolua Plantation and Kahului Cannery, Kahului, Hawaii.
The workers were engaged in employment related to the production
of fresh and canned pineapple.
The investigation revealed that criteria (I.A) and (II.A)
have not been met.
The "Code of Federal Regulations (CFR)", Section 29, Part
90.2 requires that in work groups 50 or more that a total of five
percent be unemployed or threatened with unemployment. The

investigation revealed that a significant number of workers at
the subject plant have not been laid off (or threatened) with
layoffs for this group with 50 or more employees. Workers of the
subject group did not meet this threshold level of unemployment.
The petitioner alleged that a partial closure of the
facility would occur. Contact with the company revealed no
partial closing of the subject plant occurred or is planned.
Conclusion
After careful review, I determine that all workers of Maui
Pineapple Company, Ltd., Honolua Plantation and Kahului Cannery,
Kahului, Hawaii are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 1st day of October, 2003.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance