DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-56,989

SOUTHWEST MARINE, INC.
SAN PEDRO DIVISION
TERMINAL ISLAND, CALIFORNIA

Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade 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 April 18, 2005 in response
to a petition filed by a company official on behalf of workers of
Southwest Marine, Inc., San Pedro Division, Terminal Island,
California. The workers repair, overhaul and recondition ships.
The investigation revealed that Southwest Marine, Inc., San
Pedro Division, Terminal Island, California does not produce an
article within the meaning of Section 222 (a)(2) of the Act. In
order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article and there must be a relationship between
the workers' work and the article produced by the workers' firm
or appropriate subdivision. The ship repair workers described
above do not support a firm or appropriate subdivision that
produces an article domestically and thus the worker group can
not be considered import impacted or affected by a shift in
production of an article.
In addition, 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Southwest Marine, Inc., San Pedro Division, Terminal Island,
California are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance (ATAA) under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 19th day of May, 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance