Petitioner Type: Company
Impact Date:
Filed Date: 05/16/2003
Most Recent Update: 06/30/2003
Determination Date: 06/30/2003
Expiration Date:
Employment and Training Administration
TA-W-51,798
SEMITOOL INCORPORATED
HEADQUARTERS
KALISPELL, MONTANA
TA-W-51,798A
SEMITOOL INCORPORATED
SAN JOSE, CALIFORNIA
TA-W-51,798B
SEMITOOL INCORPORATED
WESTERN REGION
BEAVERTON, OREGON
TA-W-51,798C
SEMITOOL INCORPORATED
CENTRAL REGION
AUSTIN, TEXAS
TA-W-51,798D
SEMITOOL INCORPORATED
DALLAS OFFICE
DALLAS, TEXAS
TA-W-51,798E
SEMITOOL INCORPORATED
FRANKTOWN, COLORADO
TA-W-51,798F
SEMITOOL INCORPORATED
SOUTHWEST OFFICE
TEMPE, ARIZONA
TA-W-51,298G
SEMITOOL INCORPORATED
EASTERN REGION
NASHUA, NEW HAMPSHIRE
TA-W-51,798H
SEMITOOL INCORPORATED
WILLIAMSBURG, VIRGINIA
TA-W-51,798I
SEMITOOL INCORPORATED
ORLANDO, FLORIDA
TA-W-51,798J
SEMITOOL INCORPORATED
STROUSDBURG, PENNSYLVANIA
AND
TA-W-51,798K
SEMITOOL INCORPORATED
MONTGOMERY, NEW YORK
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, 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 May 16, 2003 in response
to a petition filed on behalf of workers at Semitool
Incorporated, Corporate Headquarters, Kalispell, Montana (TA-W-
51,798); Semitool Incorporated, California, San Jose, California
(TA-W-51,798A); Semitool Incorporated, Western Region, Beaverton,
Oregon (TA-W-51,798B); Semitool Incorporated, Central Region,
Austin, Texas (TA-W-51,798C); Semitool Incorporated, Dallas,
Texas (TA-W-51,798D); Semitool Incorporated, Franktown, Colorado
(TA-W-51,798E); Semitool Incorporated, Southwest, Tempe, Arizona
(TA-W-51,798F); Semitool Incorporated, Eastern Region, Nashua,
New Hampshire (TA-W-51,798G); Semitool Incorporated,
Williamsburg, Virginia (TA-W-51,798H); Semitool Incorporated,
Orlando, Florida (TA-W-51,798I); Semitool Incorporated,
Stroudsburg, Pennsylvania (TA-W-51,798J) and Semitool
Incorporated, Montgomery, New York (TA-W-51798K). The workers
produce equipment used in the fabrication of semiconductors and
also provide management, clerical and sales operations.
The investigation revealed that criteria I.C. and II.B. have
not been met.
The subject firm did not import products like or directly
competitive with products produced at Semitool Incorporated,
Corporate production facilities, nor have they shifted production
abroad.
The Department of Labor surveyed the major customers of the
subject firm regarding their purchases of equipment used in the
fabrication of semiconductors during 2001, 2002 and January
through May 2003 over the corresponding 2002 period. The survey
revealed that the customers did not import products like or
directly competitive with those purchased from the subject firm.
The investigation further revealed that a major portion of
subject plant sales is directed toward the export market. Thus a
major portion of the declines in firm sales is related to lost
foreign business.
The investigation further revealed that the subject firm did
not supply components to a trade-affected primary firm whose
workers have been certified as trade impacted. The equipment for
the production of semiconductors are used in the manufacturing
process and are thus not a component part of the article that
could be the basis of a certification of the primary firm that
produce semiconductors.
Conclusion
After careful review, I determine that all workers of
Semitool Incorporated, Corporate Headquarters, Kalispell, Montana
(TA-W-51,798); Semitool Incorporated, California, San Jose,
California (TA-W-51,798A); Semitool Incorporated, Western Region,
Beaverton, Oregon (TA-W-51,798B); Semitool Incorporated, Central
Region, Austin, Texas (TA-W-51,798C); Semitool Incorporated,
Dallas, Texas (TA-W-51,798D); Semitool Incorporated, Franktown,
Colorado (TA-W-51,798E); Semitool Incorporated, Southwest, Tempe,
Arizona (TA-W-51,798F); Semitool Incorporated, Eastern Region,
Nashua, New Hampshire (TA-W-51,798G); Semitool Incorporated,
Williamsburg, Virginia (TA-W-51,798H); Semitool Incorporated,
Orlando, Florida (TA-W-51,798I); Semitool Incorporated,
Stroudsburg, Pennsylvania (TA-W-51,798J) and Semitool
Incorporated, Montgomery, New York (TA-W-51,798K) 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 30th day of June 2003.
/s/Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance