DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,983

RUGGIERO SEAFOOD, INCORPORATED
NEWARK, NEW JERSEY

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)(B) of Section 222 have been met.
The investigation was initiated in response to a petition
received on August 30, 2006 and filed on behalf of workers at
Ruggiero Seafood, Incorporated, Newark, New Jersey. The workers
were engaged in employment related to the processing of seafood
products (i.e. fish, squid, and shrimp).
The investigation revealed that plant employment declined
during the relevant period.
The investigation further revealed that the company shifted
the processing of the seafood products to China and is increasing
their reliance on imported processed seafood products during the
relevant period.
In accordance with Section 246 of 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 addition, 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 there was a shift in production
from the workers firm or subdivision to China of articles that
are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to
be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Ruggiero Seafood, Incorporated, Newark, New
Jersey who became totally or partially separated from
employment on or after August 24, 2005 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 13th day of September, 2006.

/s/ Elliott S. Kushner


______________________________

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