DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,030

FAIRCHILD SEMICONDUCTOR
WAFER FAB OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
SOUTH PORTLAND, MAINE

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), the Department of Labor herein presents the results of
its 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 September 11, 2008 in
response to a petition filed by a state agency representative on
behalf of workers of Fairchild Semiconductor, Wafer Fab Operations,
South Portland, Maine. The workers of Wafer Fab Operations produce
semiconductor wafers; Wafer Fab Operations also includes workers
engaged in support tasks, such as product engineering and
development.
The worker group includes on-site leased workers from
Manpower.
The investigation revealed that employment in Wafer Fab
Operations has declined in 2008 compared with 2007.
The subject firm is currently shifting a significant portion
of the production of semiconductor wafers in the Wafer Fab
Operations to South Korea. Wafers are tested abroad and imported by
the subject firm at an increasing rate. Tested wafers are
substantially equivalent to untested wafers albeit at a later stage
of processing. Imports of tested wafers can be considered to have
an economic effect comparable to untested wafers, and have
contributed importantly to separations at Wafer Fab Operations.
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 do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that that there was a shift in
production from the subject firm to South Korea of articles that
are like or directly competitive with those produced by the subject
firm, 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 Fairchild Semiconductor, Wafer Fab Operations,
including on-site leased workers from Manpower, South
Portland, Maine, who became totally or partially separated
from employment on or after September 10, 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 7th day of November 2008

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