DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,292

KES SYSTEMS, INC.
A SUBSIDIARY OF KES USA
INCLUDING WORKERS OF TECH STAFF OF ARIZONA
TEMPE, ARIZONA

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), as amended, 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)(A) of
Section 222 have been met.
The investigation was initiated on February 18, 2009 in response
to a petition filed by workers of KES Systems, Inc., a subsidiary of
KES USA, Tempe, Arizona. Workers at the subject firm produce
semiconductor equipment (ex. burn in and test equipment). Workers are
not separately identifiable by product line. The worker group
includes on-site temporary workers from Tech Staff of Arizona.
The investigation revealed that employment, sales and production
at the subject facility declined during the relevant period.
The Department of Labor conducted a survey of the major
declining customers of the subject firm regarding purchases of
semiconductor equipment in 2007, 2008, January 2008 and January 2009.
The survey revealed increased imports during the relevant period.
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 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.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that increases of imports of articles like or directly
competitive with burn in and test semiconductor equipment produced at
KES Systems, Inc., a subsidiary of KES USA, Tempe, Arizona
contributed importantly to the total or partial separation of workers
and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:


"All workers of KES Systems, Inc., a subsidiary of KES USA,
including on-site temporary workers from Tech Staff of Arizona,
Tempe, Arizona who became totally or partially separated from
employment on or after February 5, 2008 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 6th day of May 2009.


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