Certified
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TAW-71424  /  SUMCO Phoenix Corporation (Maineville, OH)

Petitioner Type: Company
Impact Date: 06/23/2008
Filed Date: 06/26/2009
Most Recent Update: 12/16/2009
Determination Date: 12/16/2009
Expiration Date: 12/16/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,424

SUMCO PHOENIX CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM THE JOB STORE
MAINEVILLE, OHIO

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 June 26, 2009 by a company official on behalf of
workers of SUMCO Phoenix Corporation, Maineville, Ohio. The
workers are engaged in the production of silicon wafers and
ingots. The worker group includes on-site leased workers from
The Job Store.
The investigation revealed that workers of SUMCO Phoenix
Corporation, Maineville, Ohio, who are engaged in employment
related to silicon wafers and ingots, meet the criteria for
certification.
Criterion I has been met because a significant number or
portion of the workers at the workers' firm have become
totally or partially separated in the relevant period.
Criterion II has been met because the workers' firm
shifted to Japan and Indonesia the production of products like
or directly competitive with the articles produced by the
workers at the Maineville plant.
Criterion III has been met because the shift in
production of silicon wafers and ingots to Japan and Indonesia
by SUMCO Phoenix Corporation contributed importantly to worker
group separations at SUMCO Phoenix Corporation, Maineville,
Ohio.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SUMCO Phoenix
Corporation, Maineville, Ohio, 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 SUMCO Phoenix Corporation, Maineville,
Ohio, who became totally or partially separated from
employment on or after June 23, 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 16th day of December, 2009

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