DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,817

LINCOLN BRASS WORKS
WAYNESBORO DIVISION
A WHOLLY OWNED SUBSIDIARY OF MUELLER GAS PROUCTS
WAYNESBORO, TENNESSEE

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 February 8, 2008 in
response to a petition filed by the Tennessee American
Federation of Labor - Congress of Industrial Organizations
Coordinator on behalf of workers of Lincoln Brass Works,
Waynesboro Division, a wholly owned subsidiary of Mueller Gas
Products, Waynesboro, Tennessee. Workers of the subject plant
produce brass and aluminum valve and elbow components. In
addition, there is a very limited amount of assembly at the
Waynesboro facility.
Workers of the Assembly Department were certified for Trade
Adjustment Assistance on September 12, 2005 (TA-W-57,675) as the
assembly operation was shifted abroad. That certification
expired on September 12, 2007.
This 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 brass and aluminum valve
and elbow components in 2006 or 2007, nor did it shift
production to a foreign country in those periods.
Components produced at the subject plant are sent abroad
for assembly. Assembled components imported into the United
States are not like or directly competitive with unassembled
components produced at the Waynesboro plant.
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 Lincoln Brass
Works, Waynesboro Division, a wholly owned subsidiary of Mueller
Gas Products, Waynesboro, Tennessee 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 29th day of April 2008


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