DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,401

QIMONDA 200 MM FACILITY
INCLUDING ON-SITE LEASED WORKERS FROM
TOKYO ELECTRON AMERICA AND NIKON PRECISION, INC.,
QIMONDA NORTH AMERICA CORPORATION
QIMONDA RICHMOND
A SUBSIDIARY OF QIMONDA AG
AND AVIZA TECHNOLOGY, INC.
SANDSTON, VIRGINIA

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 an Amended
Certification of Eligibility to Apply for Worker Adjustment
Assistance and Alternative Trade Adjustment Assistance on August
7, 2009, applicable to workers of Qimonda 200MM Facility,
including on-site leased workers from Tokyo Electron America,
Nikon Precision, Inc., Ebara Technologies, Inc., Air Products and
Chemicals, Inc., PSI Repair Services, Excel Logistics, Xperts,
Inc., KLA-Tencor Craftcorps, Inc., Colonial Webb and Novellus
Systems, Inc., and Quimonda North America Corporation, Qimonda
Richmond, A subsidiary of Qimonda AG, Sandston, Virginia. The
notice was published in the Federal Register on August 26, 2009
(74 FR 43157).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of DRAM semiconductor wafers.
New information shows that workers leased from Aviza
Technology, Inc. were employed on-site at the Sandston, Virginia
location of Qimonda 200MM Facility. The Department has
determined that these workers were sufficiently under the control
of Qimonda 200MM Facility to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Aviza Technology,
Inc. working on-site at the Sandston, Virginia location of the
subject firm.


The amended notice applicable to TA-W-64,401 is hereby
issued as follows:
"All workers of Qimonda 200MM Facility, including on-
site leased workers from Tokyo Electron America, Nikon
Precision, Inc., Ebara Technologies, Inc., Air Products
and Chemicals, Inc., PSI Repair Services, Excel
Logistics, Xperts, Inc., KLA-Tencor Craftcorps, Inc.,
Colonial Webb and Novellus Systems, Inc., Quimonda
North America Corporation, Qimonda Richmond, a
subsidiary of Qimonda AG, and Aviza Technology, Inc.,
Sandston, Virginia who became totally or partially
separated from employment on or after November 11, 2007
through December 11, 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 31st day of December 2009

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,401

QIMONDA 200MM FACILITY
SANDSTON, VIRGINIA

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 in response to a petition
received on November 12, 2008, and filed on behalf of workers at
Qimonda 200mm Facility, Sandston, Virginia. The workers produced
DRAM semiconductor wafers.
The investigation revealed that the declines in employment at
the subject firm are related to the subject firm shifting its
production of DRAM semiconductor wafers to Taiwan. The
investigation also revealed there has been an increase in imports
of articles like or directly competitive with those products
produced by the subject firm.
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 Taiwan 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 Qimonda 200mm Facility, Sandston, Virginia,
who became totally or partially separated from employment on
or after November 11, 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 11ath day of December 2008.

/s/ Elliott S. Kushner


______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance







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