DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,158

INTEL CORPORATION
FAB 11 PLANT DIVISION
RIO RANCHO, NEW MEXICO

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 September 18, 2007 in
response to a petition filed on behalf of Intel Corporation, Fab 11
Plant, Rio Rancho, New Mexico. The workers produce communications
or logic computing microprocessors used in smart phones and
handheld devices, and flash memory microprocessors used in a
variety of devices including cell phones and digital cameras. Sales
are predominantly to customers abroad, i.e. for the export market.
The investigation revealed that criteria I.C. and II.C. are
not met.
Petitioners allege that production at the Fab 11 facility is
being shifted to India and China.
The investigation revealed, however, that although production
has been shifted abroad, that shift has not taken place to a
country with which the United States has a free trade agreement or
to a country that is a beneficiary country, and increased imports
of like or directly competitive products have not occurred in the
2005 through July 2007 period covered by this investigation.
Production of flash memory microprocessors (company product
P884) is being shifted to the Philippines or China, and
production of communications microprocessors (company product
P804) is being shifted to Ireland. In both cases, however, the
silicon wafers in which the microprocessors are imbedded are cut
to separate the individual microprocessors, and the
individualized microprocessors are then inserted into protective
packages to allow them to connect with the devices manufactured
by Intel's customers. This cutting and packaging work is done
abroad. The cut and packaged microprocessors imported by Intel
are not like or directly competitive with the uncut and
unpackaged microprocessors produced by the subject plant.
Furthermore, the quantity of these imports was relatively minor
and declining in January through July 2007 compared with the same
period one year earlier.
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 assis-
tance (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,
Fab 11 Plant, Rio Rancho, New Mexico 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 28th day of November, 2007


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