DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,373

QIMONDA NORTH AMERICA CORPORATION
CARY, NORTH CAROLINA

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 February 25, 2009 filed by a company official on behalf
of workers at Qimonda North America Corporation, Cary, North
Carolina. Workers at the subject firm are engaged in employment
related to the production of dynamic random access memory (DRAM)
such as designing DRAM chips, creating test programs, and
qualifying DRAM units for the manufacturing process.
The investigation revealed the employment at the subject firm
declined in January 2009 compared to the same month of 2008.
The investigation revealed that the declines in employment at
the Cary, North Carolina facility are related to a likely increase
in imports of DRAM semiconductor wafers following a shift in
production by Qimonda to Taiwan. Workers of Qimonda 200mm
Facility, Sandston, Virginia, are certified eligible to apply for
adjustment assistance under petition TA-W-64,401, based on the
shift in production.
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 North America Corporation, Cary, North
Carolina, who became totally or partially separated from
employment on or after February 23, 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 April 2009.

/s/ Linda G. Poole

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