[Federal Register: November 23, 2005 (Volume 70, Number 225)]
[Notices]               
[Page 70885-70886]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23no05-135]                         

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,831]

 
Mueller Copper Tube Products, Inc., Subsidiary of Mueller 
Industries, Inc., Wynne, AR; Notice of Negative Determination on Remand

    The United States Court of International Trade (USCIT) granted the 
Secretary of Labor's motion for a voluntary remand in Former Employees 
of Mueller Copper Tube Products, Inc. v. Elaine Chao, U.S. Secretary of 
Labor, Court No. 05-00442.
    The Department's initial negative determination for the former 
workers of Mueller Copper Tube Products, Inc., a subsidiary of Mueller 
Industries, Inc., Wynne, Arkansas (hereafter ``Mueller Copper Tube 
Products'') for Trade Adjustment Assistance (``TAA'') was issued on May 
17, 2005. The Notice of determination was published in the Federal 
Register on June 13, 2005 (70 FR 34154).
    The petition for the workers of Mueller Copper Tube Products 
engaged in the production of copper tube products was denied because 
the ``contributed importantly'' group eligibility requirement of 
Section 222 of the Trade Act of 1974, as amended, was not met, nor was 
there a shift in production from that firm to a foreign country. The 
``contributed importantly'' test is generally demonstrated through a

[[Page 70886]]

survey of the workers' firm's customers. The survey revealed that 
customers of the subject firm did not increase reliance on imports of 
copper tube products in 2003, 2004 and during the period of January 
through March of 2005 over the corresponding 2003 period. The subject 
firm did not import copper tube products nor did it shift production to 
a foreign country during the relevant period.
    By letter of July 14, 2005 to the USCIT, the Petitioners appealed 
the denial alleging that the subject firm lost its business due to 
other businesses selling copper tubing manufactured in Mexico.
    A careful review of the documents revealed that the Department 
surveyed major declining customers of the subject firm regarding their 
purchases of ``copper tubing''. In order to establish import impact, 
the Department must consider imports that are ``like or directly 
competitive'' with those produced at the subject firm. Because the 
customer survey which specifies copper tubing as a product might have 
omitted information on other ``like or directly competitive'' products, 
the Department requested, and was granted, a voluntary remand to 
conduct a further investigation. The Order was issued on September 13, 
2005.
    Hence, during the remand investigation, the Department conducted 
another survey of the subject firm's major declining customers 
regarding their purchases of products ``like or directly competitive'' 
to copper tubing manufactured by the subject firm during the relevant 
time period. The remand investigation revealed that the major declining 
customers did not increase their reliance on imports of products ``like 
or directly competitive'' to copper tubing during the relevant time 
period.

Conclusion

    After reconsideration on remand, I affirm the original notice of 
negative determination of eligibility to apply for adjustment 
assistance for workers and former workers of Mueller Copper Tube 
Products, Inc., a subsidiary of Mueller Industries, Inc., Wynne, 
Arkansas.

    Signed at Washington, DC, this 9th day of November, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E5-6465 Filed 11-22-05; 8:45 am]

BILLING CODE 4510-30-P