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TAW-70546  /  Axcelis Technologies (Portland, OR)

Petitioner Type: Workers
Impact Date: 05/19/2008
Filed Date: 05/26/2009
Most Recent Update: 10/22/2009
Determination Date: 10/22/2009
Expiration Date: 10/22/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,546

AXCELIS TECHNOLOGIES, INC.
GLOBAL CUSTOMER OPERATIONS DIVISION
PORTLAND, OREGON

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 26, 2009 on behalf of workers of Axcelis
Technologies, Inc., Global Customer Operations Division,
Portland, Oregon. The workers provide maintenance and repair
services for semiconductor capital equipment.
The investigation revealed that workers of Axcelis
Technologies, Inc. who are engaged in employment related to
maintenance and repair services meet the criteria as Suppliers
for secondary worker certification.
Criterion I has been met because a significant proportion
of workers in the workers' firm have become separated from
employment during the relevant period.
Criterion II has been satisfied because workers of
Axcelis Technologies, Inc. provided maintenance and repair
services in support of Hynix Semiconductor Manufacturing
America, Eugene, Oregon. Workers of Hynix Semiconductor
Manufacturing America are covered by certification number TA-W-
63,747 issued based on increased imports following a shift in
production to a foreign country.
Criterion III has been met because the maintenance and
repair services supplied by Axcelis Technologies, Inc. for
Hynix Semiconductor Manufacturing America accounted for at least
20 percent of the sales of Axcelis Technologies, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Axcelis Technologies,
Inc., Global Customer Operations Division, Portland, Oregon,
who are engaged in employment related to maintenance and repair
services, 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 Axcelis Technologies, Inc., Global
Customer Operations Division, Portland, Oregon, 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 22nd day of October, 2009

/s/ Michael W. Jaffe

______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance