Petitioner Type: Union
Impact Date: 12/15/2003
Filed Date: 01/06/2005
Most Recent Update: 01/27/2005
Determination Date: 01/27/2005
Expiration Date: 01/27/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,292
MAUI PINEAPPLE COMPANY
KAHULUI CANNERY
KAHULUI, HAWAII
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on January 6, 2005 in response
to a petition filed by the International Longshore & Warehouse
Union, Local 142, on behalf of workers at the Kahului Cannery of
Maui Pineapple Company, Kahului, Hawaii. The workers produce
canned pineapple and juice. The subject firm constitutes the major
portion of domestic production in the United States.
The investigation revealed that sales and employment at the
subject firm declined in 2004 compared with 2003.
The investigation also revealed that United States imports of
canned pineapple far exceeded U.S. production in 2003 and 2004. In
addition, the ratio of imports to U.S. production increased in
January through November, 2004 compared with the same period one
year earlier, from 282 percent of production in January through
November 2003 to 353 percent of production for the same period in
2004.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or
over and possess skills that are not easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with canned pineapple and juice
produced at Maui Pineapple Company in Kahului, Hawaii contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of the Kahului Cannery of Maui Pineapple Company,
Kahului, Hawaii who became totally or partially separated from
employment on or after December 15, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 27th day of January, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance