DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,434

FLEXTRONICS AMERICA, LLC
INCLUDING ON-SITE LEASED WORKERS OF AEROTEK
CHARLOTTE, NORTH CAROLINA

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 18, 2009 on behalf of workers of Flextronics
America, LLC, including on-site leased workers of Aerotek,
Charlotte, North Carolina. The workers produce printed circuit
assemblies.
The petition alleges that worker separations were a
result of a shift of production from the Charlotte, North
Carolina facility to affiliated facilities located in various
countries.
The investigation revealed that workers of Flextronics
America, LLC who are engaged in employment related to the
production of printed circuit assemblies meet the criteria for
certification.
Criterion I has been met because a significant portion of
workers has been separated from employment.
Criterion II has been satisfied because the subject firm
has shifted production of fiber optics to affiliated
facilities in China, Malaysia, Mexico, Romania, and Singapore.
Criterion III has been met because the shift of
production to China, Malaysia, Mexico, Romania, and Singapore
contributed importantly to worker group separations at the
Charlotte, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Flextronics America,
LLC, including on-site leased workers of Aerotek, Charlotte,
North Carolina, who are engaged in employment related to the
production of printed circuit assemblies 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 Flextronics America, LLC, including on-site
leased workers of Aerotek, Charlotte, North Carolina, 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 30th day of June, 2009


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