Petitioner Type: Workers
Impact Date: 03/27/2002
Filed Date: 04/02/2003
Most Recent Update: 05/06/2003
Determination Date: 05/06/2003
Expiration Date: 07/01/2005
THE DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,388
SOLID STATE-FILTRONIC INCORPORATED
COMPOUND SEMICONDUCTOR
SANTA CLARA, CALIFORNIA
Notice of Revised Determination
On Reconsideration
By letter of May 25, 2003, petitioners requested
administrative reconsideration of the Department’s denial of Trade
Adjustment Assistance (TAA), applicable to workers of Solid State-
Filtronics, Compound Semiconductors, Santa Clara, California.
The initial investigation resulted in a negative determination
issued on May 6, 2003, based on the finding that imports of wafers
used in the company’s vertically integrated manufacturing of field
effect transistors and monolithic microwave integrated circuits did
not contribute importantly to worker separations and there was no
shift in production to a country that is party to a Free Trade
Agreement, or a Beneficiary Country under the Andean Trade
Preference Act, the African Growth and Opportunity Act, or the
Caribbean Basin Economic Recovery Act. The notice was published in
the Federal Register on May 19, 2003 (68 FR 27107).
In their request for reconsideration, the petitioners supplied
information concerning global competition regarding wafers used in
the company’s vertically integrated manufacturing of field effect
transistors and monolithic microwave integrated circuits.
An examination of United States trade data for like or
directly competitive products revealed that from 2001 to 2002,
aggregate U.S. imports increased dramatically.
Conclusion
After careful consideration of the new facts obtained on
reconsideration, it is concluded that the workers of Solid State-
Filtronics, Compound Semiconductors, Santa Clara, California, were
adversely affected by increased imports of articles like or
directly competitive with wafers produced at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Solid State-Filtronics, Compound
Semiconductors, Santa Clara, California, who became totally or
partially separated from employment on or after March 27,
2002, through two years from the date of certification, are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974."
Signed at Washington, D.C. this 1st 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-51,388
SOLID STATE-FILTRONIC INCORPORATED
COMPOUND SEMICONDUCTOR
SANTA CLARA, CALIFORNIA
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 April 2, 2003 in response
to a petition filed on behalf of workers at Solid State-Filtronics,
Compound Semiconductors, Santa Clara, California. The workers
produced wafers used in the company’s vertically integrated
manufacturing of field effect transistors and monolithic microwave
integrated circuits.
The investigation revealed that criterion I.C. and II.C. have
not been met.
The company incorporates subject plant wafers into final
products, i.e. field effect transistors and monolithic microwave
integrated circuits, at offshore facilities. Consequently, company
imports are of field effect transistors and monolithic microwave
integrated circuits and not of wafers like or competitive to those
previously produced at the subject plant.
The company shifted production of wafers from the subject
facility to another company facility in England when the subject
plant was permanently closed.
There has not been a shift in production by such workers’ firm
or subdivision of products like and directly competitive to those
produced at the subject facility to a foreign country under trade
agreement with the United States or under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic Recovery Act; nor, has there been or is there
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.
Conclusion
After careful review, I determine that all workers of Solid
State-Filtronics, Compound Semiconductors, Santa Clara,
California 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 6th day of May 2003
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,388
SOLID STATE-FILTRONIC INCORPORATED
COMPOUND SEMICONDUCTOR
SANTA CLARA, CALIFORNIA
Notice of Revised Determination
On Reconsideration
By letter of May 25, 2003, petitioners requested
administrative reconsideration of the Department’s denial of Trade
Adjustment Assistance (TAA), applicable to workers of Solid State-
Filtronics, Compound Semiconductors, Santa Clara, California.
The initial investigation resulted in a negative determination
issued on May 6, 2003, based on the finding that imports of wafers
used in the company’s vertically integrated manufacturing of field
effect transistors and monolithic microwave integrated circuits did
not contribute importantly to worker separations and there was no
shift in production to a country that is party to a Free Trade
Agreement, or a Beneficiary Country under the Andean Trade
Preference Act, the African Growth and Opportunity Act, or the
Caribbean Basin Economic Recovery Act. The notice was published in
the Federal Register on May 19, 2003 (68 FR 27107).
In their request for reconsideration, the petitioners supplied
information concerning global competition regarding wafers used in
the company’s vertically integrated manufacturing of field effect
transistors and monolithic microwave integrated circuits.
An examination of United States trade data for like or
directly competitive products revealed that from 2001 to 2002,
aggregate U.S. imports increased dramatically.
Conclusion
After careful consideration of the new facts obtained on
reconsideration, it is concluded that the workers of Solid State-
Filtronics, Compound Semiconductors, Santa Clara, California, were
adversely affected by increased imports of articles like or
directly competitive with wafers produced at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Solid State-Filtronics, Compound
Semiconductors, Santa Clara, California, who became totally or
partially separated from employment on or after March 27,
2002, through two years from the date of certification, are
eligible to apply for adjustment assistance under Section 223
of the Trade Act of 1974."
Signed at Washington, D.C. this 1st 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-51,388
SOLID STATE-FILTRONIC INCORPORATED
COMPOUND SEMICONDUCTOR
SANTA CLARA, CALIFORNIA
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 April 2, 2003 in response
to a petition filed on behalf of workers at Solid State-Filtronics,
Compound Semiconductors, Santa Clara, California. The workers
produced wafers used in the company’s vertically integrated
manufacturing of field effect transistors and monolithic microwave
integrated circuits.
The investigation revealed that criterion I.C. and II.C. have
not been met.
The company incorporates subject plant wafers into final
products, i.e. field effect transistors and monolithic microwave
integrated circuits, at offshore facilities. Consequently, company
imports are of field effect transistors and monolithic microwave
integrated circuits and not of wafers like or competitive to those
previously produced at the subject plant.
The company shifted production of wafers from the subject
facility to another company facility in England when the subject
plant was permanently closed.
There has not been a shift in production by such workers’ firm
or subdivision of products like and directly competitive to those
produced at the subject facility to a foreign country under trade
agreement with the United States or under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic Recovery Act; nor, has there been or is there
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.
Conclusion
After careful review, I determine that all workers of Solid
State-Filtronics, Compound Semiconductors, Santa Clara,
California 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 6th day of May 2003
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance