Petitioner Type: State
Impact Date: 03/03/2003
Filed Date: 03/04/2004
Most Recent Update: 05/18/2004
Determination Date: 05/18/2004
Expiration Date: 05/18/2006
Employment and Training Administration
TA-W-54,424
FSI INTERNATIONAL INCORPORATED
INCLUDING LEASED WORKERS AT SPHERION, AEROTEK AND PROSTAFF
CHASKA, MINNESOTA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade 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 March 3, 2004 in response
to a petition filed on by the Minnesota State TAA Coordinator on
behalf of workers at FSI International Inc., including leased
workers at Sperion, Aerotek and Prostaff, Chaska, Minnesota. The
workers produce semiconductor processing equipment.
The investigation revealed that employment and sales decreased
in FY 2003 compared to FY 2002. Sales also declined in the first
half of FY 2004 compared to the same period in FY 2003. Separations
occurred in the spring of 2003.
The Department of Labor conducted a survey of major customers
of the subject firm regarding their purchases of semiconductor
processing equipment in 2002, 2003 and January-February 2004. The
survey revealed that respondents, who accounted for a significant
percentage of the subject firm's decline in sales in FY 2003
compared to FY 2002, increased their imports in 2003.
In addition, 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed the workers possess skills that
are easily transferable to other positions within the commuting
area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with semiconductor processing
equipment produced at FSI International Inc., Chaska, Minnesota
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of FSI International Inc., including leased
workers at Sperion, Aerotek and Prostaff, Chaska, Minnesota, who
became totally or partially separated from employment on or after
March 3, 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."
I further determine that all workers of FSI International
Inc., including leased workers at Sperion, Aerotek and Prostaff,
Chaska, Minnesota are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D. C. this 18th day of May, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance