Petitioner Type: Company
Impact Date: 12/01/2003
Filed Date: 10/24/2003
Most Recent Update: 12/02/2003
Determination Date: 12/02/2003
Expiration Date: 12/02/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,335
FAIRCHILD SEMICONDUCTOR CORPORATION
MOUNTAINTOP, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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.
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)(B) of Section 222 have been met.
The investigation was initiated on October 24, 2003 in response to a petition filed by a company official on behalf of workers at Fairchild Semiconductor Corporation, Mountaintop, Pennsylvania. The workers at the subject firm produce discrete semiconductor devices. Workers are not separately identifiable by product line.
The investigation revealed that sales and employment at the subject firm decreased absolutely during January to September 2003, when compared to the same period in 2002.
Furthermore, the investigation revealed that the preponderance of declines in employment at the subject firm is related to a shift in production of discrete semiconductor devices to Korea and China. Moreover, the Department of Labor has determined that company imports of discrete semiconductor devices are likely to increase.
Workers of Fairchild Semiconductor Corporation, Mountaintop, Pennsylvania were previously certified eligible to apply for trade adjustment assistance under petition number TA-W-40,054, which expired November 30, 2003.
In accordance with Section 246 the Trade Act of 1974 (26 USC 2813), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for alternative trade adjustment assistance (ATAA) for older workers.
In addition, In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the investigation, I determine that there was a shift in production from the workers’ firm or subdivision to Korea and China of articles that are like or directly competitive with those produced by the subject firm or subdivision, and there has been or is likely to be an increase in imports of like or directly competitive articles. In accordance with the provisions of the Act, I make the following certification:
"All workers of Fairchild Semiconductor Corporation, Mountaintop, Pennsylvania, who became totally or partially separated from employment on or after December 1, 2003 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D. C. this 2nd day of December, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance