Certified
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TAW-75217  /  MEMC Electronic Materials, Inc. (Saint Peters, MO)

Petitioner Type: State
Impact Date: 05/24/2010
Filed Date: 02/11/2011
Most Recent Update: 04/19/2011
Determination Date: 04/19/2011
Expiration Date: 04/19/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,217

MEMC ELECTRONIC MATERIALS, INC.
INCLUDING ON-SITE LEASED WORKER FROM ADECCO
ST. PETERS, MISSOURI

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 February 11, 2011 by the State of Missouri Workforce
Specialist on behalf of workers of MEMC Electronic Materials,
Inc., St. Peters, Missouri. The workers produce silicon wafers.
The worker group includes on-site leased workers from Adecco.
Workers of MEMC Electronic Materials, Inc., St. Peters,
Missouri, were covered by a prior certification that expired on
May 23, 2008 (TA-W-63,157).
The investigation revealed that workers of MEMC Electronic
Materials, Inc., St. Peters, Missouri, who are engaged in
employment related to the production of silicon wafers, meet the
criteria for certification.
Criterion I has been met because there a significant
number or proportion of workers at MEMC Electronic Materials,
Inc., St. Peters, Missouri have been totally or partially
separated, or threatened with such separation.
Criterion II has been met because the workers' firm is
shifting to a foreign country the production of articles that
are like or directly competitive with silicon wafers made at
MEMC Electronic Materials, Inc., St. Peters, Missouri.
Criterion III has been met because the shift of
production to Malaysia contributed importantly to worker group
separations at the St. Peters, Missouri facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of MEMC Electronic
Materials, Inc., St. Peters, Missouri, 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 MEMC Electronic Materials, Inc., including
on-site leased workers of Adecco, St. Peters, Missouri,
who became totally or partially separated from employment
on or after May 24, 2010, 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 April, 2011


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