DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,228

FREESCALE SEMICONDUCTOR, INC.
OAK HILL NPI ASSEMBLY ENGINEERING DIVISION
AUSTIN, TEXAS

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 September 8, 2009 by three workers on behalf of
workers of Freescale Semiconductor, Inc., Oak Hill NPI Assembly
Engineering Division, Austin, Texas. The workers provided new
product development and testing services.
The investigation revealed that workers of Freescale
Semiconductor, Inc., Oak Hill NPI Assembly Engineering
Division, Austin, Texas who are engaged in employment related
to the supply of new product development and testing services
meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers have been separated during the relevant period.
Criterion II has been satisfied because the firm has
shifted abroad the supply of services like or directly
competitive with the services supplied by the workers' firm.
Criterion III has been met because the shift in the
supply of new product development and testing services to
Taiwan and Malaysia contributed importantly to worker group
separations at the Austin, Texas facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Freescale
Semiconductor, Inc., Oak Hill NPI Assembly Engineering
Division, Austin, Texas, who are engaged in employment related
to the supply of new product development and testing 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 Freescale Semiconductor, Inc., Oak Hill
NPI Assembly Engineering Division, Austin, Texas who
became totally or partially separated from employment on or
after September 4, 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 17th day of November, 2009


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance