DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,899

MERCHANTS METALS
A DIVISION OF MMI PRODUCTS, INC.
SAN FERNANDO, CALIFORNIA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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)(B) of
Section 222 have been met.
The investigation was initiated on November 2, 2004 in
response to a petition filed by a state agency representative on
behalf of workers at Merchants Metals, a division of MMI Products,
Inc., San Fernando, California. The workers at the subject firm
produce ornamental iron fence panels and posts.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of ornamental iron
fence panels and posts to a country (Mexico) that is a party to a
free trade agreement with the United States.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met.
The investigation revealed that the workers possess skills
which are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Merchants Metals, a division of MMI Products,
Inc., San Fernando, California who became totally or partially
separated from employment on or after October 13, 2003 through
two years from the date of certification are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974."
I further determine that all workers of Merchants Metals, a
division of MMI Products, Inc., San Fernando, California are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of December 2004

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