Denied
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TAW-61777  /  Intersil Corporation (Palm Bay, FL)

Petitioner Type: Workers
Impact Date:
Filed Date: 07/03/2007
Most Recent Update: 07/27/2007
Determination Date: 07/27/2007
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,777

INTERSIL CORPORATION
PALM BAY, FLORIDA

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 July 3, 2007, in response
to a petition filed on behalf of workers of Intersil Corporation,
Palm Bay, Florida. The workers produce wafers for integrated
circuits.
The investigation revealed that criteria (I.C) and (II.B) have
not been met.
The investigation revealed that the subject facility produces
wafers primarily for the export market. Any loss of export sales
cannot be used as the basis for certification under the Trade Act.
Articles whose production was shifted to foreign locations
have received further processing abroad, and any imports of these
articles are not like or directly competitive with the articles
fabricated at the Palm Bay foundry.
The investigation further revealed that separations of workers
at Intersil Corporation, Palm Bay, Florida were caused primarily by
a transfer of production to another unaffiliated domestic firm.

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 all workers of Intersil
Corporation, Palm Bay, Florida 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 27th day of July, 2007

/s/Richard Church___________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance