DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,254

MCWANE, INC.
INCLUDING WORKERS WHOSE WAGES WERE REPORTED THROUGH
MCWANE INDUSTRIES, AB&I, AND AB&I FOUNDRY
OAKLAND, CALIFORNIA

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(e) of the Act, 19 U.S.C. § 2272(e), are
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (B) or (C) of paragraph (1) is
published in the Federal Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

Finally, the Code of Federal Regulations (CFR) defines a "firm"
to the following (29 CFR 90.2):

Firm includes an individual proprietorship, partnership,
joint venture, association, corporation (including a
development corporation), business trust, cooperative,
trustee in bankruptcy, and receiver under decree of any
court. A firm, together with any predecessor or successor-
in-interest, or together with any affiliated firm
controlled or substantially beneficially owned by
substantially the same persons, may be considered a single
firm.

The investigation was initiated in response to a petition
filed on October 22, 2018 by a state workforce office on behalf
of workers of McWane, Inc., Oakland, California (herein
referred to as "McWane, Inc.") The workers' firm is engaged in
activities related to the production of cast iron soil pipe
fittings. The subject worker group includes workers whose wages
were reported through McWane Industries, AB&I, and AB&I Foundry.
The investigation revealed that on August 27, 2018, the
International Trade Commission found cast iron soil pipe
fittings from China, produced by McWane, Inc., Oakland,
California has been materially injured by reason of U.S.
imports under 705(b) and 735(b) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)). A petition has been
filed on behalf of workers of McWane, Inc., Oakland, California
on October 22, 2018. That firm was publicly identified by name
by the International Trade Commission as a member of a domestic
industry in an investigation resulting in a category of
determination that is listed in Section 222(e) of the Act, 19
U.S.C. § 2272(e). In addition, that determination was published
in the Federal Register on August 28, 2018, which is within one
year of the date of the petition filed requesting Trade
Adjustment Assistance (TAA) Certification.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of McWane, Inc.,
including workers whose wages were reported through McWane
Industries, AB&I, and AB&I Foundry, Oakland, California,
engaged in activities related to the production of cast iron
soil pipe fittings meet the requirements of Section 222(e) of
the Act. In accordance with Section 223 of the Act, I make the
following certification:


"All workers of McWane, Inc., including workers whose
wages were reported through McWane Industries, AB&I, and
AB&I Foundry, Oakland, California, who became totally or
partially separated from that employment on or after August
28, 2017, through the date of the certification and who
become totally or partially separated from that employment
from the date of the certification through August 28,
2019, 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 27th day of December 2018.

/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance