DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,221

MOTOROLA, INCORPORATED
SEMICONDUCTOR PRODUCTS SECTOR
MOS 5
MESA, ARIZONA

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, 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 July 2, 2003, in response
to a petition filed on behalf of workers of Motorola, Inc.,
Semiconductor Products Sector, MOS 5, Mesa, Arizona. The workers
produced wafers for semiconductors.
The investigation revealed that criteria I.C and II.B have not
been met.
The company did not import wafers like or directly competitive
with what the subject firm produced during the 2001, 2002 through
the 2003 period of the investigation. The subject plant does not
supply wafers to a Motorola facility whose workers are under an
existing trade adjustment assistance certification. According to a
company official, the company shipped the wafers produced at the
subject fabrication unit to foreign company facilities for
additional manufacturing processes (assembly, testing and
packaging). The company imports the final products back to the
United States, however, the products are not like or directly
competitive with wafers produced at the subject fabrication unit.
There has not 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.
Conclusion
After careful review, I determine that all workers of
Motorola, Inc., Semiconductor Products Sector, MOS 5, Mesa,
Arizona are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.

Signed in Washington, D.C. this 30th day of July 2003.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance