Certified
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TAW-95140  /  McWane, Inc. (Oakland, CA)

Petitioner Type: State
Impact Date: 08/29/2019
Filed Date: 09/03/2019
Most Recent Update: 10/01/2019
Determination Date: 10/01/2019
Expiration Date: 04/12/2020

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,140

MCWANE, INC.
AB&I FOUNDRY DIVISION
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).

The investigation was initiated in response to a petition
filed on September 3, 2019, by a state workforce official on
behalf of former workers of McWane, Inc., AB&I Foundry Division,
Oakland, California. The workers' firm is engaged in activities
related to the production of Cast Iron Soil Pipe.
The subject firm was previously certified eligible to apply
for Trade Adjustment Assistance (TAA) under TA-W-94,254
(certification expired on August 28, 2019).
The investigation revealed that on April 12, 2019, the
International Trade Commission (ITC) found that an industry in
the United States is materially injured by reason of imports of
Cast Iron Soil Pipe from China. A petition has been filed on
behalf of workers of the subject firm. The subject firm was
publicly identified by name by the ITC 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 April 12, 2019, which is within one year
of the date of the petition (September 3, 2019) 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., AB&I
Foundry Division, Oakland, California, engaged in activities
related to the production of Cast Iron Soil Pipe, 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., AB&I Foundry Division, Oakland,
California, who became totally or partially separated from
employment on or after August 29, 2019 through April 12,
2020, 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 1st day of October 2019.

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance