DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,531

NOVA MEASURING INSTRUMENTS INC.
MICROSTRUCTURE DIVISION
ALSO KNOWN AS HYPERNEX
STATE COLLEGE, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on December 4, 2007 in
response to a petition filed on behalf of workers of Nova Measuring
Instruments Inc., Microstructure Division, also known as Hypernex,
State College, Pennsylvania. The workers researched, developed,
and produced tooling for x-ray inspection equipment used in the
semiconductor industry.
The investigation revealed that employment at the subject firm
declined in December 2007.
The subject firm has shifted a portion of production of x-ray
equipment tooling to a country (Israel) which is party to a free
trade agreement with the United States.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (1) has not been
met.
The investigation revealed that there is not a significant
number of workers in the workers' firm who are 50 years of age or
older.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Israel of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Nova Measuring Instruments Inc.,
Microstructure Division, also known as Hypernex, State
College, Pennsylvania, who became totally or partially
separated from employment on or after November 20, 2006
through two years from the date of certification, are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974."
I further determine that workers of Nova Measuring Instruments
Inc., Microstructure Division, also known as Hypernex, State
College, Pennsylvania are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 10th of January 2008


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