Certified
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TAW-72038  /  ASM America, Inc. (Phoenix, AZ)

Petitioner Type: Workers
Impact Date: 08/13/2008
Filed Date: 08/14/2009
Most Recent Update: 10/19/2009
Determination Date: 10/19/2009
Expiration Date: 10/19/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,038

ASM AMERICA, INC.
A WHOLLY OWNED SUBSIDIARY OF ASM INTERNATIONAL N.V.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO ENGINEERING &
TECHNICAL, TRISTAFF, PROFESSIONAL EMPLOYMENT SOLUTIONS, INC.,
AND PHOENIX RESOURCE PARTNERS
PHOENIX, ARIZONA

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 August 14, 2009 on behalf of workers of ASM America,
Inc., a wholly owned subsidiary of ASM International N.V.,
Phoenix, Arizona. The workers produce semiconductor capital
equipment and provide related sales and servicing for the
equipment. The worker group includes on-site leased workers
from Adecco Engineering & Technical, Tristaff, Professional
Employment Solutions, Inc. and Phoenix Resource Partners.
The investigation revealed that workers of ASM America,
Inc. who are engaged in employment related to production,
sales and servicing of semiconductor capital equipment meet
the criteria for certification.
Criterion I has been met because at least five percent of
the workers were separated from employment during the relevant
period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in production
of semiconductor capital equipment to Singapore by ASM
America, Inc. contributed importantly to worker group
separations at the Phoenix, Arizona facility.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ASM America, Inc., a
wholly owned subsidiary of ASM International N.V., Phoenix,
Arizona, who are engaged in employment related to production,
sales, and servicing of semiconductor capital equipment 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 ASM America, Inc., a wholly owned
subsidiary of ASM International N.V., including on-site
leased workers from Adecco Engineering & Technical,
Tristaff, Professional Employment Solutions, Inc. and
Phoenix Resource Partners, Phoenix, Arizona, who became
totally or partially separated from employment on or after
August 13, 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 19th day of October 2009


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance