DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,775

NATIONAL SEMICONDUCTOR
INTERFACE AND HI-REL DESIGN CENTERS
SOUTH PORTLAND, MAINE

Negative Determination 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 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 December 23, 2008, in
response to a petition filed on behalf of workers of National
Semiconductor, Interface and Hi-Rel Design Centers, South Portland,
Maine. Workers at the subject firm are engaged in engineering
services such as formulating testing and design procedures for
semiconductor testing. Workers are separately identifiable by
department.
Workers in the Interface Center are test engineers,
specifically described as research and development (R&D) positions.
These workers design test procedures for new Interface products
which are later used to test integrated circuits/semiconductors,
also referred to as chips.
Workers in the Hi-Rel Design Center are product engineers,
which is also a research and development (R&D) function. Workers
develop new products while sustaining engineering work for products
released by National Semiconductor.
The investigation revealed that (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) have not been met.
Employment in the Interface and Hi-Rel Design Centers at the
subject firm declined from 2007 to 2008.
The investigation revealed that test design procedures
performed in the Interface Center have been shifted to Malaysia.
It is not likely the test design procedures will be imported to the
United States.
The investigation further determined that test engineering
functions performed in the Hi-Rel Design Center have not been
shifted abroad but instead have been transferred to another
domestic facility of the subject firm.
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 assistance
(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 workers of National Semiconductor,
Interface and Hi-Rel Design Centers, South Portland, Maine, 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 at Washington, D.C., this 2nd day of April 2009
/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance