DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,976

INTEL CORPORATION
MOBILE WIRELESS NETWORKING MANUFACTURING/OPERATIONS DIVISION
HILLSBORO, OREGON

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated October 23, 2007, the petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
September 24, 2007 and published in the Federal Register on
October 12, 2007 (72 FR 58131).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition for the workers of Intel Corporation, Mobile
Wireless Networking Manufacturing/Operations Division, Hillsboro,
Oregon engaged in production of wireless cards for notebook
computers was denied because the “contributed importantly” group
eligibility requirement of Section 222 of the Trade Act of 1974,
as amended, was not met. The investigation revealed that worker
separations at the subject firm are attributed to worldwide
restructuring of the company to increase efficiencies. The
investigation also revealed that production of wireless cards for
notebook computers was shifted from the subject firm to Taiwan,
which is not a party to a Free Trade Agreement with the United
States or a beneficiary country. The subject firm did not import
wireless cards for notebook computers and is not planning to
import these products in the future.
The petitioner alleges that “activities were not
restructured across the company”, but were rather outsourced to
suppliers in Asia. The petitioner also alleges that production
from the subject firm was shifted to China, not Taiwan.
The initial investigation did reveal that production was
shifted from Intel Corporation, Mobile Wireless Networking
Manufacturing/Operations Division, Hillsboro, Oregon to Taiwan
and further to China. Neither Taiwan nor China are countries
that are a party to Free Trade Agreements with the United States


or beneficiary countries. Thus a shift in production to either
China or Taiwan does not qualify workers of the subject firm
eligible for TAA.
The subject firm reported no imports of wireless cards for
notebook computers and there are no plans to import wireless
cards for notebook computers from China or Taiwan.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed in Washington, D.C., this 5th day of December, 2007.


/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,976

INTEL CORPORATION
MOBILE WIRELESS NETWORKING MANUFACTURING/OPERATIONS DIVISION
HILLSBORO, OREGON

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:
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;
1. 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
2. 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 August 10, 2007 in response
to a petition filed by a state agency representative on behalf of
workers of Intel Corporation, Mobile Wireless Networking
Manufacturing/Operations Division, Hillsboro, Oregon. The workers
produce wireless cards for notebook computers.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) have not been met.
The investigation revealed that worker separations are
attributable to worldwide restructuring of the company to increase
efficiencies.
The investigation further revealed that the subject firm
shifted development of wireless cards to a country (Taiwan) that is
neither a trade beneficiary country nor a country with a free trade
agreement with the United States. Wireless cards developed and
produced abroad are shipped to China for eventual direct
distribution to Original Equipment Manufacturer customers that
incorporate the wireless cards as a component part of notebook
computers.
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 Intel Corporation,
Mobile Wireless Networking Manufacturing/Operations Division,
Hillsboro, Oregon, 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 24th day of September 2007


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




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