Certified
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TAW-70401  /  IM Flash Technologies, LLC (Lehi, UT)

Petitioner Type: Workers
Impact Date: 05/18/2008
Filed Date: 05/21/2009
Most Recent Update: 07/01/2009
Determination Date: 07/01/2009
Expiration Date: 07/01/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,401

IM FLASH TECHNOLOGIES, LLC.
INFORMATION SYSTEMS DIVISION
LEHI, UTAH

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 on behalf of workers of IM Flash
Technologies, LLC., Information Systems Division, Lehi, Utah. IM
Flash Technologies, LLC, is a joint venture of Micron Technology,
Inc., and Intel Corporation. The workers in the Information
Systems Division provide IT Help Desk support and software
development.
The investigation revealed that workers of the Information
Systems Division who are engaged in employment related to IT Help
Desk support and software development meet the criteria for
certification.
Criterion I has been met because a significant portion of
workers has been separated and the firm plans for further
separations.
Criterion II has been satisfied because the worker's firm is
shifting work related to the supplying of services like or
directly competitive with the services provided by the firm's
workers to a foreign country.
Criterion III has been met because the shift of services
of IT Helpdesk support and software development to China by
the Information Systems Division has contributed importantly
to worker group separations at the Information Systems
Division.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of IM Flash Technologies,
LLC., a joint venture of Micron Technology Inc., and Intel
Corporation, Information Systems Division, Lehi, Utah, who are
engaged in employment related to IT Help Desk support and software
development, 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 IM Flash Technologies, LLC., Information
Systems Division, Lehi, Utah, who became totally or partially
separated from employment on or after May 18, 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 1st day of July, 2009


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