[Federal Register Volume 69, Number 31 (Tuesday, February 17, 2004)]
[Notices]
[Page 7513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3328]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-51,595]


Paradise Fisheries, Kodiak, Alaska; Notice of Revised 
Determination On Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for voluntary remand for further 
investigation of the negative determination in Former Employees of 
Paradise Fisheries v. U.S. Secretary of Labor (Court No. 03-00758).
    On May 5, 2003, the Department issued a negative determination 
regarding eligibility for workers of Paradise Fisheries, Kodiak, 
Alaska, to apply for worker adjustment assistance because the 
Department determined that the worker group eligibility requirements of 
section (a)(2)(A)(I.C) and section (a)(2)(B)(II.B) of section 222 of 
the Trade Act of 1974, as amended, were not met. There were no company 
imports of fresh or chilled salmon, nor was there a shift in production 
of fresh or chilled salmon from the workers' firm to a foreign country. 
A survey of the customers determined that there were no increases in 
imports of salmon that contributed importantly to worker separations at 
Paradise Fisheries. The notice was published in the Federal Register on 
May 19, 2003 (68 FR 27106).
    In addition to above cited petition, filed by a company official 
and dated April 21, 2003, the same company official submitted another 
TAA petition dated April 24, 2003, indicating that the workers were 
secondarily affected. The information provided on the latter petition 
was considered before making the negative determination for worker 
eligibility to apply for adjustment assistance.
    On May 15, 2003, the company official requested administrative 
reconsideration of the Department's denial of TA-W-51,595, citing that 
the workers were secondarily affected because the firm sold salmon to a 
salmon processor. On August 7, 2003, the review of the request resulted 
in a dismissal of the application, because no new information was 
provided that had not been considered during the initial investigation.
    Based on new information submitted by Paradise Fisheries to the 
U.S. Court of International Trade, the Department has determined that 
the subject firm did supply salmon to a salmon processing firm whose 
workers were certified eligible to apply for adjustment assistance. The 
loss of business with the primary firm whose workers were certified 
eligible to apply for adjustment assistance contributed importantly to 
worker separations at Paradise Fisheries, Kodiak, Alaska.

Conclusion

    After careful review of the additional facts obtained on remand, I 
conclude that workers of Paradise Fisheries, Kodiak, Alaska, qualify as 
adversely affected secondary workers under section 222 of the Trade Act 
of 1974, as amended.
    In accordance with the provisions of the Trade Act, I make the 
following revised determination:

    All workers of Paradise Fisheries, Kodiak, Alaska, who became 
totally or partially separated from employment on or after April 21, 
2002, through two years from the issuance of this revised 
determination, are eligible to apply for adjustment assistance under 
section 223 of the Trade Act of 1974.

    Signed at Washington, DC, this 6th day of February, 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-3328 Filed 2-13-04; 8:45 am]
BILLING CODE 4510-30-P