DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,840
TYLER PIPE COMPANY
WATERWORKS DIVISION, SOUTH PLANT
TYLER, TEXAS

TA-W-71,840A
WILLSTAFF STAFFING AGENCY AND MDS INDUSTRIAL RESOURCES, INC.
WORKING ON-SITE AT
TYLER PIPE COMPANY
WATERWORKS DIVISION, SOUTH PLANT
TYLER, TEXAS


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on July 29, 2009 by a company official on behalf of
workers of Tyler Pipe Company, Waterworks Division, South Plant,
Tyler, Texas (Tyler Pipe) (TA-W-71,840). The workers produce
cast-iron water pipes. Workers of Willstaff Staffing Agency and
MDS Industrial Resources, Inc. (TA-W-71,840A) worked on-site at
Tyler Pipe and were also engaged in activities related to the
production of cast-iron water pipes.
The workers of Tyler Pipe were previously covered under an
existing Trade Adjustment Assistance (TAA) certification that
expired on July 31, 2009. Workers of Willstaff Staffing Agency
and MDS Industrial Resources, Inc. were not under that
certification.
This investigation revealed that workers of Tyler Pipe,
including on-site workers of Willstaff Staffing Agency and MDS
Industrial Resources, who are engaged in employment related to
the production of cast-iron water pipes meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number of workers have been separated from the subject firm.
Section 222(a)(2)(A)(i) has been met because sales and/or
production of cast-iron water pipes by the subject firm have
decreased throughout the relevant time period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles (cast-
iron water pipes) produced at the subject firm have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of cast-iron water pipes by Tyler Pipe
Company, Waterworks Division, South Plant, including on-site
leased workers from Willstaff Staffing Agency and MDS Industrial
Resources, Inc., Tyler, Texas contributed importantly to
workers' separations or threat of separation and to the decline
in the sales or production at the Tyler location.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tyler Pipe Company,
Waterworks Division, South Plant, including on-site leased
workers from Willstaff Staffing Agency and MDS Industrial
Resources, Inc., Tyler, Texas, who are engaged in activities
related to the production of cast-iron water pipes meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Tyler Pipe Company, Waterworks Division,
South Plant, Tyler, Texas (TA-W-71,840), who became totally
or partially separated from employment on or after August
1, 2009, through two years from the date of certification,
and all workers in the group threatened with total or
partial separation from employment on the date of
certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended, and,
All workers of Willstaff Staffing Agency and MDS Industrial
Resources, Inc., working on-site at Tyler Pipe Company,
Waterworks Division, South Plant, Tyler, Texas (TA-W-
71,840A), who became totally or partially separated from
employment on or after July 28. 2008, through two years
from the date of certification, and all workers in the
group threatened with total or partial separation from
employment on the date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 13th day of October, 2009.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance