DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,576

UNITED STATES PIPE AND FOUNDRY COMPANY, LLC
A SUBSIDIARY OF MUELLER WATER PRODUCTS
BURLINGTON, NEW JERSEY

Negative Determinations 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 December 14, 2007 in
response to a petition filed by a New Jersey state agency
representative on behalf of workers at United States Pipe and
Foundry Company, LLC, a subsidiary of Mueller Water Products,
Burlington, New Jersey. The workers at the subject facility
produced ductile iron pipe.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import ductile iron pipe, nor did it
shift production to a foreign country during the relevant period.
The Department of Labor surveyed the subject firm's primary
customers regarding purchases of ductile iron pipe during 2005,
2006 and January through November 2007. The survey revealed no
customer imports.


The Department of Labor also conducted a bid survey of firms
to which the subject firm submitted a bid to provide ductile iron
pipe. The survey revealed that the projects were awarded to other
domestic firms.
Data from the U.S. International Trade Commission revealed
United States aggregate imports of iron foundry products declined
from 2006 to 2007.
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.
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 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 all workers of United States Pipe
and Foundry Company, LLC, a subsidiary of Mueller Water Products,
Burlington, New Jersey, are denied eligibility to apply for adjust-
ment 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 21st day of February 2008


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