DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,571

FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC.
INFORMATION TECHNOLOGY DIVISION
SOUTH PORTLAND, MAINE

Negative Determination 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 June 15, 2006 in
response to a petition filed on behalf of workers of Fairchild
Semiconductor International, Inc., Information Technology
Division, South Portland, Maine. The workers at the subject
firm provide standard and cost-effective information systems to
support the business operations and management decisions of the
company. In addition, they provide system development and
manufacturing support services for Fairchild Semiconductor
International, Inc.
The investigation revealed that criteria (I.C) and (II.B)
have not been met.
The investigation revealed that there was a decline in
employment in the Information Technology Division of the subject
firm in South Portland, Maine, when a portion of the computer
information systems support service was shifted abroad.
Further investigation revealed that there was no shift in
production by the firm with a likelihood of an increase in
imports of articles like or directly competitive with wafers
produced by the firm.
The firm produces semiconductors but domestic production is
comprised of wafers. These wafers are exported to affiliates
abroad for further processing.
The Department's investigation revealed that in times of
full capacity some of the wafer production may be shifted abroad
but there are no company imports of wafers, nor is it likely
that the company will import wafers.
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 all workers of
Fairchild Semiconductor International, Inc., Information
Technology Division, South Portland, Maine, 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 11th day of August, 2006


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