DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,132

MANSFIELD PLUMBING PRODUCTS, LLC
PERRYSVILLE, OHIO

Determination 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on September 25, 2006 in
response to a petition filed by workers on behalf of workers of
Mansfield Plumbing Products, Perrysville, Ohio. Workers at the
subject firm manufacture sanitary ware (toilet tanks and bowls) and
brass fittings (brass valves). Workers are separately identifiable
by product.
In regards to workers at the subject firm engaged in the
production of brass fittings (brass valves), it is determined that
the requirements of (a)(2)(A) are met.
Employment, sales, and production at the subject firm in the
brass fittings (brass valves) division declined during the period
of January through September 2006, when compared to the same time
period in 2005.
The investigation revealed that the subject firm increased
imports of brass fittings (brass valves) during the period of
January through September 2006, when compared to the same time
period in 2005.
In regards to workers at the subject firm engaged in the
production of sanitary ware (toilet tanks and bowls), it is
determined that the requirements of (a)(2)(A)(I.A) and (a)(2)(B)
(II.A) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers, or at least 50 workers.
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 for employees at the subject firm engaged in the
production of brass fittings (brass valves).
A significant number of workers at the firm engaged in the
production of brass fittings (brass valves) are age 50 or over and
possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers engaged in the production of sanitary ware (toilet tanks
and bowls) are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases in imports of brass
fittings (brass valves) produced by Mansfield Plumbing Products,
Perrysville, Ohio, 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 Mansfield Plumbing Products, Perrysville,
Ohio, engaged in the production of brass fittings (brass
valves), who became totally or partially separated from
employment on or after September 25, 2005, 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."
In addition, I determine that all workers of Mansfield
Plumbing Products, Perrysville, Ohio engaged in the production
of sanitary ware (toilet tanks and bowls) are denied
eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also denied eligibility
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 3rd day of November 2006


/s/Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance