DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,478

NUMONYX
CALIFORNIA TECHNOLOGY CENTER
SANTA CLARA, CALIFORNIA

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 22, 2009 by a company official on behalf of workers
of Numonyx, California Technology Center, Santa Clara,
California. The workers are engaged in research and development
of flash memory products. The petitioners allege that this work
has been shifted to Israel.
The investigation revealed that workers of Numonyx,
California Technology Center, Santa Clara, California who are
engaged in employment related to flash memory products meet
the criteria for certification.
Criterion I has been met because all workers have been
separated from employment.
Criterion II has been satisfied because the work has been
shifted to Israel.
Criterion III has been met because the shift to Israel
has contributed importantly to worker group separations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Numonyx, California
Technology Center, Santa Clara, California are engaged in
employment related to flash memory products 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 Numonyx, California Technology Center,
Santa Clara, California, who became totally or partially
separated from employment on or after May 21, 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 18th day of June, 2009


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