DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,158

FLEXTRONICS INTERNATIONAL USA, INC.
FLEXMEDICAL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK COMMERICAL STAFFING
SAN DIEGO, CALIFORNIA

TA-W-80,158A

FLEXTRONICS INTERNATIONAL USA, INC.
INFRASTRUCTURE DIVISION
FOOTHILL RANCH, CALIFORNIA


Amended Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor (Department) issued a
certification of eligibility to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA) on July 29, 2011, applicable to former workers of
Flextronics International USA, Inc., FlexMedical Division,
including on-site leased workers from Aerotek Commercial
Staffing, San Diego, California (subject firm). The Department’s
Notice was published in the Federal Register on August 18, 2011
(76 FR 51433).
Workers at Flextronics International USA, Inc., FlexMedical
Division, San Diego, California, are engaged in activity related
to the production of disposable medical devices.
New information provided by Flextronics International USA,
Inc. revealed that workers of the Infrastructure Division,
Foothill Ranch, California location (TA-W-80,158) provided
procurement support services for the production of disposable
medical devices at the FlexMedical Division, San Diego,
California location (TA-W-80,158). Both locations experienced
worker separations due to a shift in production of disposable
medical devices (or like or directly competitive articles) by
Flextronics International USA, Inc. to Mexico.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, the Department herein presents the
results of its investigation regarding certification of eligibility
to apply for ATAA for older workers, applicable to workers of
Flextronics International USA, Inc., Infrastructure Division,
Foothill Ranch, California (TA-W-80,158A)
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if
the following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion (I) has not been
met for the workers covered by TA-W-80,158A.
A significant number of workers at Flextronics International
USA, Inc., Infrastructure Division, Foothill Ranch, California is
not 50 years of age or older.
Based on these findings, the Department is amending the TAA
certification to include workers of the Infrastructure Division
of Flextronics International USA, Inc., Foothill Ranch,
California (TA-W-80,158A). The certification does not include a
certification of eligibility to apply for ATAA, applicable to
workers covered by TA-W-80,158A. The worker group at the
Foothill Ranch, California facility does not include on-site
leased workers from temporary agencies.
The amended notice applicable to TA-W-80,158 is hereby
issued as follows:
"All workers of Flextronics International USA, Inc.,
FlexMedical Division, including on-site leased workers
from Aerotek Commercial Staffing, San Diego, California
(TA-W-80,158), who became totally or partially
separated from employment on or after May 3, 2010,
through July 29, 2013, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974 as amended.”
AND
"All workers of Flextronics International USA, Inc.,
Infrastructure Division, Foothill Ranch, California
(TA-W-80,158A), who became totally or partially
separated from employment on or after May 3, 2010,
through July 29, 2013, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974, as amended; and I further determine that
all workers of Flextronics International USA, Inc.,
Infrastructure Division, Foothill Ranch, California
(TA-W-80,158A), are denied eligibility to apply for
alternative trade adjustment assistance under Section
246 of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 4th day of October, 2011

/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,158

FLEXTRONICS INTERNATIONAL USA, INC.
FLEXMEDICAL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
AEROTEK COMMERICAL STAFFING
SAN DIEGO, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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, or an appropriate subdivision of
the firm, have become totally or partially separated, or
are threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers’ firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers’ firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or
(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.


The investigation was initiated in response to a petition
filed on May 6, 2011 by a State of California workforce official
on behalf of workers of Flextronics International USA, Inc.,
FlexMedical Division, San Diego, California (subject firm). The
subject firm produces disposable medical devices. The subject
worker group is engaged in employment related to the production of
those articles and includes on-site leased workers of Aerotek
Commercial Staffing.
During the course of the investigation, information was
collected from the subject firm.
Section 222(a)(1) has been met because 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.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in the production of disposable
medical devices by the subject firm to a foreign country that is
party to a free trade agreement with the United States.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm under
Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if the
following criteria are met:
(IV) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(V) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(VI) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).

Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers in the workers’ firm are 50 years of age or
older.
Section 246(a)(3)(A)(ii)(II) has not been met according to the
because the workers in the workers’ firm possess skills that are
not easily transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are currently adverse.
Conclusion
After careful review of the facts obtained in the investigation,
I determine that workers of Flextronics International USA, Inc.,
FlexMedical Division, San Diego, California, 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.,
FlexMedical Division, including on-site leased workers from
Aerotek Commercial Staffing, San Diego, California, who became
totally or partially separated from employment on or after May
3, 2010, 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, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, as amended.”
Signed in Washington, D. C. this 29th day of July, 2011

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





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