DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,871

MAUI PINEAPPLE COMPANY
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, 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.
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 in response to a petition
received on August 14, 2008, and filed by the International
Longshore & Warehouse Union Local 142 on behalf of workers at Maui
Pineapple Company, Kahului, Hawaii. The workers produce fresh
whole pineapple and pineapple juice.
The investigation revealed that sales, production and
employment declined at the subject facility during the relevant
period.
The Department of Labor conducted a survey of the subject
firm's major declining customers regarding their purchases of fresh
whole pineapple and pineapple juice during 2006, 2007, and January
through July 2008, and the corresponding 2007 period. The survey
revealed that major customers increased their purchases of imported
fresh whole pineapple and pineapple juice, while decreasing their
purchases from the subject firm during the relevant time period.
United States aggregate imports of both fresh whole pineapple
and pineapple juice were very high in 2006 (over 90 percent of
domestic shipments) and increased in 2007 and in January through
July of 2008.
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 fresh whole pineapple and
pineapple juice produced at Maui Pineapple Company, 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 Maui Pineapple Company, Kahului, Hawaii, who
became totally or partially separated from employment on or
after August 6, 2007, 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 23rd day of September 2008

/s/ Richard Church


______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance