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Content Last Revised: 8/27/01
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CFR  

Code of Federal Regulations Pertaining to ESA

Title 29  

Labor

 

Chapter V  

Wage and Hour Division, Department of Labor

 

 

Part 697  

Industries In American Samoa


29 CFR 697.1 - Industry definitions.

  • Section Number: 697.1
  • Section Name: Industry definitions.

    (a) Government employees. This industry includes all activities of 
employees of the Government of American Samoa. This industry does not 
include any employees of the United States or its agencies.
    (b) Fish canning and processing. This industry shall include the 
canning, freezing, preserving, and other processing of any kind of 
fish, shellfish, and other aquatic forms of animal life, the 
manufacture of any by-product thereof, and the manufacture of cans and 
related activities.
    (c) Petroleum marketing. This industry shall include the wholesale 
marketing and distribution of gasoline, kerosene, lubricating oils, 
diesel and marine fuels, and other petroleum products, bunkering 
operations in connection therewith, and repair and maintenance of 
petroleum storage facilities.
    (d) Shipping and transportation. This industry shall include the 
transportation of passengers and cargo by water or by air, and all 
activities in connection therewith, including storage and lighterage 
operations: Provided, however, that this industry shall not include the 
operation of tourist bureaus and of travel and ticket agencies. 
Provided, further, that this industry shall not include bunkering of 
petroleum products or activities engaged in by seamen on American 
vessels which are documented or numbered under the laws of the United 
States, which operate exclusively between points in the Samoan Islands, 
and which are not in excess of 350 tons net capacity. Within this 
industry there shall be three classifications:
    (1) Classification A: Stevedoring, lighterage and maritime shipping 
agency activities. This classification shall include all employees of 
employers who engage in each of the following three services: 
stevedoring, lighterage and maritime shipping agency activities.
    (2) Classification B: Unloading of fish. This classification shall 
include the unloading of raw and/or frozen fish from vessels.
    (3) Classification C: All other activities. This classification 
shall include all other activities in the shipping and transportation 
industry.
    (e) Construction. This industry shall include all construction, 
reconstruction, structural renovation and demolition, on public or 
private account, of buildings, housing, highways and streets, 
catchments, dams, and any other structure.
    (f) Retailing, wholesaling and warehousing. This industry includes 
all activities in connection with the selling of goods or services at 
retail, including the operation of retail stores and other retail 
establishments, the wholesaling and warehousing and other distribution 
of commodities including but without limitation the wholesaling, 
warehousing and other distribution activities of jobbers, importers and 
exporters, manufacturers' sales branches and sales offices engaged in 
the distribution of products manufactured outside of American Samoa, 
industrial distributors, mail order establishments, brokers and agents, 
and public warehouses: Provided, however, that this industry shall not 
include retailing and wholesaling activities included within other 
industry wage orders which are applicable in American Samoa.
    (g) Bottling, brewing and dairy products. The bottling, brewing and 
dairy products industry includes the bottling, sale and distribution of 
malt beverages and soft drinks in bottles and other containers and the 
processing or recombining of fluid milk and cream for wholesale and 
retail distribution and the manufacture of malt beverages, butter, 
natural and processed cheese, condensed and evaporated milk, malted 
milk, ice cream and frozen desserts; including also any warehousing 
operation incidental to the above activities of firms engaged in these 
activities.
    (h) Printing. The printing industry is that industry which is 
engaged in printing, job printing, and duplicating. This industry shall 
not include printing performed by an employer who publishes a 
newspaper, magazine, or similar publications.
    (i) Publishing. This industry is that industry which is engaged in 
the publishing of newspapers, magazines, or similar publications other 
than the publishing of a weekly, semiweekly or daily newspaper with a 
circulation of less than 4,000, the major part of which circulation is 
within the county or counties contiguous thereto.
    (j) Finance and insurance. The finance and insurance industry 
includes all banks (whether privately or government owned in whole or 
in part) and trust companies, credit agencies other than banks, holding 
companies, other investment companies, collection agencies, brokers and 
dealers in securities and commodity contracts, as well as carriers of 
all types of insurance, and insurance agents and brokers.

[[Page 44969]]

    (k) Ship maintenance. This industry is defined as all work activity 
associated with ship repair and maintenance, including marine, railway, 
and dry dock operation.
    (l) Hotel. This industry shall include all activities in connection 
with the operation of hotels (whether privately or government owned in 
whole or in part), motels, apartment hotels, and tourist courts engaged 
in providing lodging, with or without meals, for the general public, 
including such laundry and cleaning and other activities as are engaged 
in by a hotel or motel or other lodging facility on its own linens or 
on garments of its guests.
    (m) Tour and travel services. This industry shall include the 
operation of tourist bureaus and of travel and passenger ticket 
services and agencies: Provided, however, that this industry shall not 
include the operation of a freight-shipping agency.
    (n) Private hospitals and educational institutions. This industry 
shall include all activities performed in connection with the operation 
of private hospitals, nursing homes, and related institutions primarily 
engaged in the care of the sick, the aged or the mentally or physically 
disabled or for gifted children, preschools, elementary or secondary 
schools, or institutions of higher education: Provided, however, that 
this industry shall not include employees of the Government of American 
Samoa or employees of any agency or corporation of the Government of 
American Samoa.
    (o) Garment manufacturing. This industry is defined as the 
manufacture from any material of articles of apparel and clothing made 
by knitting, spinning, crocheting, cutting, sewing, embroidering, 
dyeing, or any other processes and includes but is not limited to all 
the following clothing: men's, women's, and children's suits, clothing 
and other products; hosiery; gloves and mittens; sweaters and other 
outerwear; swimwear; leather, leather goods, and related products; 
handkerchief, scarf, and art linen products; shirts; blouses; and 
underwear; uniforms and work clothing; and includes assembling, 
tagging, ironing, and packing apparel for shipping. This industry does 
not include manufacturing, processing or mending of apparel in retail 
or service establishments, including clothing stores, laundries, and 
other stores.
    (p) Miscellaneous activities. This industry shall include every 
activity not included in any other industry defined herein.

[66 FR 44967, Aug. 27, 2001]

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