DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,109

AGERE SYSTEMS
ASSEMBLY AND TEST SUPPORT
ALLENTOWN, PENNSYLVANIA

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 investigation was initiated on September 20, 2006 in
response to a petition filed on behalf of workers of Agere Systems,
Assembly and Test Support Division, Allentown, Pennsylvania. The
workers at the subject facilities were engaged in the prototype
testing of integrated circuits.
The subject facility was a site for service-based workers that
operated equipment used to build and test prototypes of integrated
circuits to be developed overseas for their customers.
Agere Systems, Assembly and Test Support Division, Allentown,
Pennsylvania, does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered eligible
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The workers
described above do not support a firm or appropriate subdivision
that produces an article domestically and thus the worker group
cannot be considered import impacted or affected by a shift in
production of an article.
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 of the facts obtained in the
investigation, I determine that all workers of Agere Systems,
Assembly and Test Support, Allentown, Pennsylvania, 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 12th day of October 2006.


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