DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,168

GERBER PLUMBING FIXTURES, LLC
KOKOMO SANITARY POTTERY DIVISION
KOKOMO, INDIANA

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on June 1, 2010 by a company official on behalf of workers
of Gerber Plumbing Fixtures, LLC, Kokomo Sanitary Pottery
Division, Kokomo, Indiana (Gerber Plumbing Fixtures, LLC). The
workers were engaged in activities related to administration and
distribution/storage services of vitreous china plumbing
fixtures. Workers are not separately identifiable.
The worker group of the investigation was covered by an
earlier certification (TA-W-63,123) which expired on May 21,
2010.
The investigation revealed that workers of Gerber Plumbing
Fixtures, LLC, Kokomo Sanitary Pottery Division, Kokomo,
Indiana who were engaged in activities related to
administration and distribution/storage services of vitreous
china plumbing fixtures meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers have become separated, or are threatened with
separation, during the relevant period.
Criterion II has been satisfied because there has been a
shift in work by Gerber Plumbing Fixtures, LLC to China.
Criterion III has been met because the shift of work to
China by Gerber Plumbing Fixtures, LLC contributed importantly
to worker separations at Gerber Plumbing Fixtures, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Gerber Plumbing
Fixtures, LLC, Kokomo Sanitary Pottery Division, Kokomo,
Indiana, who are engaged in activities related to in activities
related to administration and distribution/storage services of
vitreous china plumbing fixtures 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 Gerber Plumbing Fixtures, LLC, Kokomo
Sanitary Pottery Division, Kokomo, Indiana, who became
totally or partially separated from employment on or after
May 22, 2010, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on 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 September, 2010.

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