Denied
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TAW-56780  /  ETEC ,an Applied Materials Company (Hillsboro, OR)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/22/2005
Most Recent Update: 05/03/2005
Determination Date: 05/03/2005
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,780

ETEC, AN APPLIED MATERIALS COMPANY
A SUBSIDIARY OF APPLIED MATERIALS, INC.
HILLSBORO, OREGON

Negative Determinations 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. 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, 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 March 22, 2005, in
response to a petition filed on behalf of workers of ETEC,
an Applied Materials Company, a subsidiary of Applied
Materials, Inc., Hillsboro, Oregon. The workers are
engaged in the production of Alta systems (mask pattern
generators for integrated circuit production) and upgrade
and spare parts for laser pattern generators. The workers
are separately identifiable by product line.
The investigation determined that criteria
(a)(2)(A)(I.B.) and (a)(2)(B)(II.B.) have not been met for
workers of the subject firm producing Alta systems (mask
pattern generators for integrated circuit production.
The investigation revealed that sales and production
did not decline from 2003 to 2004 or during January through
February 2005 over the corresponding 2004 period.
Although the number of workers producing Alta systems
decreased during the relevant period, the firm did not
shift that production to a foreign country.
The investigation determined that criteria
(a)(2)(A)(I.C.) and (a)(2)(B)(II.C.) have not been met for
workers of the subject firm producing the upgrade and spare
parts for laser pattern generators.
The investigation revealed that sales, production and
employment declined from 2003 to 2004.
The Department of Labor surveyed the subject firm's
major declining customers regarding their purchases of
upgrade and spare parts for laser pattern generators during
2003, 2004 and January through February 2005. This survey
determined that none of the customers increased import
purchases while reducing purchases from the subject firm
during the relevant period.
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.
In order for the Department to issue a certification
of eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply
for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that workers of
ETEC, an Applied Materials Company, a subsidiary of Applied
Materials, Inc., Hillsboro, Oregon, engaged in employment
related to the production of Alta systems and upgrade and
spare parts for laser pattern generators are denied
eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 3rd day of May, 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance