Corrected Copy
November 10, 2009


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,323

TOKYO ELECTRON AMERICA, INC. (TEA)
INCLUDING ON-SITE LEASED WORKER FROM
KELLY ENGINEERING RESOURCES, INC.
BOISE, IDAHO

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on May 20, 2009 by a company official on behalf of
workers of Tokyo Electron America, Inc. (TEA), Boise, Idaho
(TEA). The workers provide equipment service and repair to
Micron Technology, Inc., in Boise, Idaho. The petitioner
alleged that Micron is shifting production of articles to a
foreign country.
The subject firm also utilizes contract workers from
Kelly Engineering Resources, Inc.
The investigation revealed that workers of TEA who are
engaged in employment related to equipment service and repair
meet the criteria as Suppliers for secondary worker
certification.
Criterion I has been met because a significant number or
proportion of workers within the workers' firm have been
separated from employment comparing a 12 month period to the
petition date.
Criterion II has been satisfied because workers of TEA
provided equipment service and repair services in support of
Micron, Boise, Idaho covered by certification number TA-W-
61,811 issued based on a shift in production to Singapore of
memory chips.
Criterion III has been met because the equipment service
and repair provided by TEA for Micron, Boise, Idaho accounted
for at least 20 percent of the production or sales of TEA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tokyo Electron
America, Inc. (TEA), working on-site at Micron Technology,
Inc., Boise, Idaho, who are engaged in employment related to
equipment service and repair meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a).


In accordance with Section 223 of the Act, 19 U.S.C. §
2273, I make the following certification:
"All workers of Tokyo Electron America, Inc. (TEA), Inc.,
Boise, Idaho, including on-site leased workers from Kelly
Engineering Resources, Inc., who became totally or
partially separated from employment on or after May 19,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 31st day of August, 2009


/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance