DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,808
QIMONDA NORTH AMERICA
SAN JOSE DIVISION
SAN JOSE, CALIFORNIA

TA-W-65,808A
QIMONDA NORTH AMERICA
CARY BURLINGTON DIVISION
WILLISTON, VERMONT

TA-W-65,808B
QIMONDA NORTH AMERICA
HOUSTON DIVISION
HOUSTON, TEXAS

TA-W-65,808C
QIMONDA NORTH AMERICA
AUSTIN DIVISION
AUSTIN, TEXAS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
to Apply for 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)(B) of Section 222 have been met.
The investigation was initiated on April 16, 2009 in
response to a petition filed by a company official on behalf of
four divisions of Qimonda North America, namely San Jose
Division, San Jose, California (TA-W-65,808), Cary Burlington
Division, Williston, Vermont (TA-W-65,808A), Houston Division,
Houston, Texas (TA-W-65,808B), and Austin Division, Austin,
Texas (TA-W-65,808C). The workers are engaged in design,
testing, sales, and marketing services.
Employment at the subject divisions declined between April
15, 2008 and April 15, 2009.
The Department has determined that the subject worker group
is in support of production at Qimonda 200mm Facility, Sandston,
Virginia.
The decline in employment at the subject firm is related to
a shift in production to Taiwan and increased imports of 200mm
DRAM (dynamic random access memory) semiconductor wafers.
Workers of Qimonda 200mm Facility, Sandston, Virginia, were
certified eligible to apply for Trade Adjustment Assistance (TA-
W-64,401) based on a shift in production and increased imports
of articles like or directly competitive with 200mm DRAM
semiconductor wafers produced at the Sandston plant.
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 given
the employment situation in the local area. 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, namely San Jose
Division, San Jose, California (TA-W-65,808), Cary
Burlington Division, Williston, Vermont (TA-W-65,808A),
Houston Division, Houston, Texas (TA-W-65,808B), and Austin
Division, Austin, Texas (TA-W-65,808C), who became totally
or partially separated from employment on or after April
15, 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 27th day of July 2009.

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance