Certified
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TAW-70362  /  Tokyo Electron Massachusetts (Beverly, MA)

Petitioner Type: State
Impact Date: 05/19/2008
Filed Date: 05/21/2009
Most Recent Update: 08/04/2009
Determination Date: 08/04/2009
Expiration Date: 08/04/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,362

TOKYO ELECTRON MASSACHUSETTS
INCLUDING ON-SITE LEASED WORKERS OF
SUMMIT TECHNICAL, GENERAL EMPLOYMENT ENTERPRISES AND
GCR PROFESSIONAL SERVICES
BEVERLY, MASSACHUSETTS

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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 21, 2009, by a company official on behalf of
workers of Tokyo Electron Massachusetts, Beverly, Massachusetts
(hereafter referred to as Tokyo Electron). The workers produce
semi-conductor capital equipment. The worker group includes on-
site leased workers of Summit Technical, General Employment
Enterprises, and GCR Professional Services.
The investigation revealed that workers of Tokyo Electron
who are engaged in employment related to semi-conductor
capital equipment meet the criteria for certification.
Criterion I has been met because a significant number or
portion of workers at Tokyo Electron has been totally or
partially separated.
Criterion II has been met because there was a shift by
Tokyo Electron to Japan in production of articles like or
directly competitive with semi-conductor capital equipment
produced by the workers' firm.
Criterion III has been met because the shift of semi-
conductor capital equipment production by Tokyo Electron to a
foreign country contributed importantly to the workers'
separations.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Tokyo Electron
Massachusetts, Beverly, Massachusetts, who are engaged in
employment related to the production of semi-conductor capital
equipment 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, including on-site leased
workers of Summit Technical, General Employment
Enterprises, and GCR Professional Services, Beverly,
Massachusetts, 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 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 4th day of August, 2009


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