DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,363

FSI INTERNATIONAL
ALLEN, 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 July 21, 2003 in
response to a petition filed on behalf of workers at FSI
International, Allen, Texas. The workers at the subject firm
produce microlithography Systems.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there were no company
imports of microlithography Systems, nor was there a shift in
production from the Allen, Texas plant to a foreign country
during the period under investigation.
A substantial amount of the subject firm's production was
directed to the foreign market in the relevant period and thus
not affected by imports.
The United States Department of Labor conducted a survey of
major customers of FSI International, Allen, Texas, regarding
their purchases of microlithography Systems in 2001, 2002, and
January through June of 2003. The survey revealed that no
respondent reported increasing its imports while decreasing
purchases from the subject firm during the relevant period.
Conclusion
After careful review, I determine that workers producing
microlithography Systems at FSI International, Allen, Texas are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 29th day of August 2003
/s/ Richard Church
_____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance