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TAW-75014  /  Fairchild Semiconductor (South Portland, ME)

Petitioner Type: Company
Impact Date: 11/08/2010
Filed Date: 12/20/2010
Most Recent Update: 03/25/2011
Determination Date: 03/25/2011
Expiration Date: 03/25/2013

DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-75,014

FAIRCHILD SEMICONDUCTOR
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER PROFESSIONAL
SOUTH PORTLAND, MAINE

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.


The investigation was initiated in response to a petition
filed on December 20, 2010 by a company official on behalf of
workers of Fairchild Semiconductor, South Portland, Maine
(Fairchild Semiconductor). The workers were engaged in
employment related to the production of semiconductors for
electronic applications. The worker group includes on-site
leased workers from Manpower Professional.
Workers at Fairchild Semiconductor, Wafer Fab Operations,
including on-site leased workers from Manpower, South Portland,
Maine, were previously eligible to apply for Trade Adjustment
Assistance under TA-W-64,030 (issued on November 7, 2008).
The impact date of the certification applicable to workers
of the Wafer Fab Operations, including on-site leased workers,
is November 8, 2010. The impact date of the certification
applicable to all other workers of Fairchild Semiconductor,
including on-site leased workers, who are not part of Wafer Fab
Operations, is December 17, 2009.
The investigation revealed that workers of Fairchild
Semiconductor, who are engaged in employment related to the
production of semiconductors, meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number or proportion of workers at Fairchild Semiconductor has
been totally separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because sales and
production at Fairchild Semiconductor decreased during the
relevant time period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with semiconductors
produced by Fairchild Semiconductor have increased during the
relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased U.S. aggregate imports of semiconductors (or like or
directly competitive articles) contributed importantly to the
worker group separations and sales/production declines at
Fairchild Semiconductor, South Portland, Maine.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fairchild
Semiconductor, including on-site leased workers of Manpower
Professionals, South Portland, Maine, 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 Fairchild Semiconductor, Wafer Fab
Operations, including on-site leased workers from
Manpower Professional, South Portland, Maine, who became
totally or partially separated from employment on or after
November 8, 2010, through two years from the date of
certification, all workers of Fairchild Semiconductor,
excluding Wafer Fab Operations, including on-site leased
workers from Manpower Professional, South Portland, Maine,
who became totally or partially separated from employment
on or after December 17, 2009, 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 March, 2011


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance