Certified
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TAW-72626  /  Flextronics International USA, Inc. (Durham, NC)

Petitioner Type: Company
Impact Date: 10/19/2008
Filed Date: 10/20/2009
Most Recent Update: 01/25/2010
Determination Date: 01/25/2010
Expiration Date: 01/25/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,626

FLEXTRONICS INTERNATIONAL USA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM AEROTEK
DURHAM, NORTH CAROLINA

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 October 20, 2009, on behalf of workers of Flextronics
International USA, Inc., Durham, North Carolina (Flextronics).
Workers are engaged in refurbishment, order fulfillment, and
high value asset recovery support services. The worker group
includes on-site leased workers from Aerotek.
The investigation revealed that workers of Flextronics, who
are engaged in refurbishment, order fulfillment, and high value
asset recovery support services meet the criteria for
certification.
Criterion I has been met because a significant number of
workers were separated during the relevant period.
Criterion II has been satisfied because there has been a
shift in services by Flextronics to Mexico.
Criterion III has been met because the shift in
refurbishment, order fulfillment, and high value asset recovery
support services by Flextronics to Mexico contributed
importantly to worker group separations at the Durham, North
Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Flextronics
International USA, Inc., Durham, North Carolina, who are engaged
in employment related to refurbishment, order fulfillment, and
high value asset recovery support 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 Flextronics International USA, Inc.,
including on-site workers from Aerotek, Durham, North
Carolina, who became totally or partially separated from
employment on or after October 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 25th day of January, 2010

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