DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,831

MUELLER COPPER TUBE PRODUCTS, INC.
SUBSIDIARY OF MUELLER INDUSTRIES, INC.
WYNNE, ARKANSAS

Notice of Negative Determination
on Remand

The United States Court of International Trade (USCIT)
granted the Secretary of Labor's motion for a voluntary remand
in Former Employees of Mueller Copper Tube Products, Inc. v.
Elaine Chao, U.S. Secretary of Labor, Court No. 05-00442.
The Department's initial negative determination for the
former workers of Mueller Copper Tube Products, Inc., a
subsidiary of Mueller Industries, Inc., Wynne, Arkansas
(hereafter "Mueller Copper Tube Products") for Trade Adjustment
Assistance ("TAA") was issued on May 17, 2005. The Notice of
determination was published in the Federal Register on June 13,
2005 (70 FR 34154).
The petition for the workers of Mueller Copper Tube
Products engaged in the production of copper tube products was
denied because the “contributed importantly” group eligibility
requirement of Section 222 of the Trade Act of 1974, as amended,
was not met, nor was there a shift in production from that firm
to a foreign country. The “contributed importantly” test is
generally demonstrated through a survey of the workers’ firm’s
customers. The survey revealed that customers of the subject
firm did not increase reliance on imports of copper tube
products in 2003, 2004 and during the period of January through
March of 2005 over the corresponding 2003 period. The subject
firm did not import copper tube products nor did it shift
production to a foreign country during the relevant period.
By letter of July 14, 2005 to the USCIT, the Petitioners
appealed the denial alleging that the subject firm lost its
business due to other businesses selling copper tubing
manufactured in Mexico.
A careful review of the documents revealed that the
Department surveyed major declining customers of the subject
firm regarding their purchases of “copper tubing”. In order to
establish import impact, the Department must consider imports
that are “like or directly competitive” with those produced at
the subject firm. Because the customer survey which specifies
copper tubing as a product might have omitted information on
other “like or directly competitive” products, the Department
requested, and was granted, a voluntary remand to conduct a
further investigation. The Order was issued on September 13,
2005.
Hence, during the remand investigation, the Department
conducted another survey of the subject firm’s major declining
customers regarding their purchases of products “like or
directly competitive” to copper tubing manufactured by the
subject firm during the relevant time period. The remand
investigation revealed that the major declining customers did
not increase their reliance on imports of products “like or
directly competitive” to copper tubing during the relevant time
period.
Conclusion
After reconsideration on remand, I affirm the original
notice of negative determination of eligibility to apply for
adjustment assistance for workers and former workers of Mueller
Copper Tube Products, Inc., a subsidiary of Mueller Industries,
Inc., Wynne, Arkansas.
Signed at Washington, D.C. this 9th day of November 2005.
/s/ Elliott S. Kushner

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