DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,839

BENITEZ, INC.
FISHING VESSEL (F/V) MR. KIRTON
CORPUS CHRISTI, TEXAS

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 December 18, 2003 in
response to a petition filed by a company official on behalf of
workers of Benitez, Inc., Fishing Vessel(F/V) Mr. Kirton, Corpus
Christi, Texas. The workers of the subject group produce fresh
shrimp.
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 shrimp during 2002 or 2003, nor did they shift
production of fresh shrimp to a foreign country.
The Department of Labor surveyed the subject group's major
declining customers regarding their purchases of fresh shrimp.
This survey revealed no import purchases of fresh shrimp during
the relevant period.
Conclusion
After careful review, I determine that all workers of
Benitez, Inc., Fishing Vessel (F/V) Mr. Kirton, Corpus Christi,
Texas, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 28th day of January 2004.


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