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TAW-63747  /  Hynix Semiconductor Manufacturing America (Eugene, OR)

Petitioner Type: Workers
Impact Date: 07/24/2007
Filed Date: 07/25/2008
Most Recent Update: 08/20/2008
Determination Date: 08/20/2008
Expiration Date: 08/20/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,747

HYNIX SEMICONDUCTOR MANUFACTURING AMERICA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
SECURITAS SECURITY SYTEMS, GLOBAL TECH BUILDING SERVICES CORP.
AND AIR LIQUIDE ELECTRONICS U.S. LP
EUGENE, OREGON

Amended Certification Regarding Eligibility
to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on August 20, 2008,
applicable to workers of Hynix Semiconductor Manufacturing
America, Inc., Eugene, Oregon. The notice was published in the
Federal Register on September 3, 2008 (73 FR 51529). The
certification was amended on October 30, 2008 to include on-site
leased workers from Securitas Security Systems and Global Tech
Building Services Corp. The notice was published in the Federal
Register on November 7, 2008 (73 FR 66273).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of Dynamic Random Access Memory
(DRAM) wafers.


New information shows that leased workers of Air Liquide
Electronics U.S. LP were employed on-site at the Eugene, Oregon
location of Hynix Semiconductor Manufacturing America, Inc. The
Department has determined that these workers were sufficiently
under the control of the subject firm.
Based on these findings, the Department is amending this
certification to include leased workers of Air Liquide
Electronics U.S. LP working on-site at the Eugene, Oregon
location of the subject firm.
The intent of the Department’s certification is to include
all workers employed at Hynix Semiconductor Manufacturing
America, Inc. who were adversely affected by increased imports
following a shift in production of Dynamic Random Access Memory
(DRAM) wafers to South Korea.


The amended notice applicable to TA-W-63,747 is hereby
issued as follows:
"All workers of Hynix Semiconductor Manufacturing
America, Inc. including on-site leased workers from
Securitas Security Systems, Global Tech Building
Services Corp. and Air Liquide Electronics U.S. LP,
Eugene, Oregon, who became totally or partially
separated from employment on or after July 24, 2007,
through August 20, 2010, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 13th day of January 2009

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,747

HYNIX SEMICONDUCTOR MANUFACTURING AMERICA, INC.
EUGENE, OREGON

Certification 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.
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 July 25, 2008, in response
to a petition filed on behalf of workers at Hynix Semiconductor
Manufacturing America, Inc., Eugene, Oregon. The workers of the
subject firm produce Dynamic Random Access Memory (DRAM) wafers.
The investigation revealed that the decline in employment at
the subject firm is related to the subject firm shifting its
production of Dynamic Random Access Memory (DRAM) wafers to South
Korea.

Recent trade adjustment decisions indicate that the trend is
for there to be increases in imports of semiconductor wafers like
or directly competitive with what the subject firm produced during
the relevant period.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
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 South Korea of articles
that are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to be
an increase in imports of like or directly competitive articles.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Hynix Semiconductor Manufacturing America,
Inc., Eugene, Oregon, who became totally or partially
separated from employment on or after July 24, 2007, through
two years from the date of certification are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.”
Signed in Washington, D.C. this 20th day of August 2008.



/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance








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