Certified
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TAW-52136  /  Fairchild Semiconductor Corp. (South Portland, ME)

Petitioner Type: Company
Impact Date: 06/09/2002
Filed Date: 06/25/2003
Most Recent Update: 08/06/2003
Determination Date: 08/06/2003
Expiration Date: 08/06/2005

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,136

FAIRCHILD SEMICONDUCTOR CORPORATION
A SUBSIDIARY OF FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC
INCLUDING TEMPORARY WORKERS OF MANPOWER
SOUTH PORTLAND, MAINE

Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order
to provide equitable access to ATAA for worker groups whose
petitions were still in process at the time of implementation of
the ATAA program on August 6, 2003. Under this new
interpretation, worker groups covered by the certification of a
petition that was in process on August 6, 2003 may request ATAA
consideration for the certified worker group. In addition,
certified worker groups who filed petitions after that date may
also request ATAA if the petition did not include an option to
apply for ATAA. The request must be made to the Department and
may be made by anyone who was entitled to file the original
petition under section 221(a)(1) of the Act.
By letter dated January 10, 2005 a company official
requested ATAA consideration for workers at the subject firm
located in South Portland, Maine.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the semiconductor industry are
adverse.
Conclusion
After careful review of the facts obtained on investigation,
I conclude that the requirements of Section 246(a)(3)(A) of the
Trade Act of 1974, as amended, have been met for workers at the
subject firm.
In accordance with the provisions of the Act, I make the
following certification:



"All workers of Fairchild Semiconductor Corporation, a
subsidiary of Fairchild Semiconductor International, Inc.,
including temporary workers of Manpower, South Portland,
Maine who became totally or partially separated from
employment on or after June 9, 2002 through August 6, 2005
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 2nd day of March 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,136

FAIRCHILD SEMICONDUCTOR CORPORATION
A SUBSIDIARY OF FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC.
SOUTH PORTLAND, MAINE

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on June 25, 2003, in response
to a petition filed by a company official on behalf of workers of
Fairchild Semiconductor Corporation, a subsidiary of Fairchild
Semiconductor International, Inc., South Portland, Maine. The
workers at the subject firm produce semiconductor devices.
The investigation revealed that sales and employment at the
subject firm decreased absolutely from 2001 to 2002 and during the
period of January through June of 2003 when compared to the same
period in 2002.
The Department of Labor surveyed the subject firms major
declining customers regarding their purchases of semiconductor
devices. This survey revealed increases in imports of
semiconductor devices during the period under investigation.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with semiconductor devices produced at
Fairchild Semiconductor Corporation, a subsidiary of Fairchild
Semiconductor International, Inc., South Portland, Maine
contributed importantly to the total or partial separation of
workers and to the decline in sales or production and at that firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Fairchild Semiconductor Corporation, a
subsidiary of Fairchild Semiconductor International, Inc.,
South Portland, Maine who became totally or partially
separated from employment on or after June 9, 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 in Washington, D. C. this 6th day of August, 2003.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.