Corrected: July 21, 2003

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,283

ADVANCED MICRO DEVICES (AMD)
FAB 25
AUSTIN, TEXAS

Notice of Revised Determination
on Reconsideration

By application of April 29, 2003, a petitioner requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation under this case number was for
Advanced Micro Devices (AMD), Lone Star Fab Division, Austin,
Texas, and resulted in a negative determination issued on April
7, 2003, based on the finding that imports of wafers and dies did
not contribute importantly to worker separations at the subject
plant. The denial notice was published in the Federal Register
on April 24, 2003 (68 FR 20177).
To support the request for reconsideration, the petitioner
stated that the Department had investigated the wrong worker
group. Upon further review, it was revealed that the petitioner
had not worked in the Lone Star Fab (also known as Fab 14 and Fab
15) but rather Fab 25, which produced a different product (a
microprocessor chip).
Having identified the appropriate worker group, the
Department contacted the company regarding imports of products
like or directly competitive with those produced at Fab 25. As a
result, it was revealed that the subject firm shifted production
from Fab 25 to a foreign source within the relevant period, and
subsequently imported directly competitive products to the U.S.,
contributing to layoffs at the subject plant.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Advanced
Micro Devices (AMD), Fab 25, Austin, Texas, contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:


"All workers of Advanced Micro Devices (AMD), Fab 25,
Austin, Texas, who became totally or partially separated from
employment on or after November 23, 2001, through two years from
the date of this certification, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."

Signed in Washington, D.C. this 9th day of July 2003.

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


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,283

ADVANCED MICRO DEVICES (AMD)
LONE STAR FAB DIVISION
AUSTIN, TEXAS

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and


C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on December 10, 2002 in
response to a petition filed on behalf of workers at Advanced Micro
Devices (AMD), Lone Star Fab Division, Austin, Texas. The workers
produced wafers and dies.
The investigation revealed that criteria (I.C) and (II.B) were
not met.
The investigation revealed that the subject firm reduced its
imports of wafers and dies from 2001 to 2002.
The investigation also revealed that the subject firm did not
shift production of wafers and dies abroad during the relevant
period.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of wafers and dies. The
surveyed revealed no imports during the relevant period.



Conclusion
After careful review, I determine that all workers of Advanced
Micro Devices (AMD), Lone Star Fab Division, Austin, Texas are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C., this 4th day of April 2003.

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance