DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,293

MICROSEMI CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM DURAN HCP
ALLENTOWN, PENNSYLVANIA

TA-W-85,293A

MICROSEMI CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
DURAN HUMAN CAPITAL, SUPERIOR GROUP, AND CLEARPATH
SAN JOSE, CALIFORNIA


Notice of Revised Determination
on Reconsideration


On October 10, 2014, the Department of Labor (Department)
issued an Affirmative Determination Regarding Application
for Reconsideration applicable to workers and former workers
of Microsemi Corporation, including on-site leased workers
from Duran HCP, Allentown, Pennsylvania (TA-W-85,293). The workers
are engaged in activities related to the production of
field-programmable gate array (FPGA) products and related software
(including design and testing of these products).

At the request of the subject firm, the Department also
investigated an affiliated facility in San Jose, California
(TA-W-85,293A) during the reconsideration investigation. Workers
at the San Jose, California facility are also engaged in activities
related to the production of FPGA products and related software
(including design and testing of these products).

The worker group at the San Jose, California facility
includes on-site leased workers from Duran Human Capital, Superior
Group, and ClearPath.

Based on a careful review of previously-submitted
information and additional information obtained during the
reconsideration investigation, the Department determines that
the worker groups at the Allentown, Pennsylvania and San Jose,
California facilities have met the eligibility criteria set
forth in the Trade Act of 1974, as amended.

Section 222(a)(1) has been met because a significant
number or proportion of the workers in both the Allentown,
Pennsylvania and San Jose, California facilities of the
subject 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 subject firm’s shift in production of
FPGA products and related software to a foreign country and there
has been or is likely to be an increase in imports of like or
directly competitive articles.
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 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:
(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).

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 been met
because the workers in the workers’ firm possess skills that are
not easily transferrable. Section 246(a)(3)(A)(ii)(III) has been
met because conditions within the workers’ industry are adverse.

Conclusion

After careful review of previously-submitted information
and additional information obtained during the reconsideration
investigation, I determine that workers and former workers of
Microsemi Corporation, Allentown, Pennsylvania (TA-W-85,293) and
San Jose, California (TA-W-85,293A), 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 Microsemi Corporation, including on-site
leased workers from Duran HCP, Allentown, Pennsylvania (TA-W-85,293)
and Microsemi Corporation, including on-site leased workers from Duran
Human Capital, Superior Group, and ClearPath, San Jose, California
(TA-W-85,293A), who became totally or partially separated from
employment on or after April 30, 2013 through two years from the date
of this certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are eligible to apply
for alternative trade adjustment assis¬tance under Section 246 of the
Trade Act of 1974."

Signed at Washington, D.C. this 20th day of May, 2015

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



U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,293

MICROSEMI CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM DURAN HCP
ALLENTOWN, PENNSYLVANIA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated September 25, 2014, a worker
requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for
Trade Adjustment Assistance (TAA) applicable to workers and
former workers of Microsemi Corporation, including on-site
leased workers from Duran HCP, Allentown, Pennsylvania
(subject firm). The determination was issued on September
9, 2014. The Department’s Notice of determination was
published in the Federal Register on September 9, 2014
(79 FR 53449-53450). Workers at the subject firm were
engaged in activities related to the supply of design
services for application-specific integrated circuits
(ASIC) and field-programmable gate array (FPGA) integrated
circuits.

The negative determination was based on the Department’s
findings that the subject firm does not produce an article
within the meaning of Section 222(a) or Section 222(b) of the
Trade Act of 1074, as amended.

During the investigation, the Department obtained
information that revealed that the workers’ firm supplied
services related to design services.

The request for reconsideration alleges that the
subject firm does produce an article and shifted production
to a foreign country. Specifically, the request for
reconsideration states that “Microsemi produces FPGA devices
for multiple functions in both hardware and software” and
included a statement from the subject firm’s website describing
various products produced by the subject firm.

The Department has carefully reviewed the request for
reconsideration and the existing record, and will conduct
further investigation to determine if the workers meet the
eligibility requirements of the Trade Act of 1974, as amended.
Conclusion

After careful review of the application, I conclude
that the claim is of sufficient weight to justify reconsideration
of the U.S. Department of Labor's prior decision. The application
is, therefore, granted.

Signed at Washington, D.C., this 10th day of October, 2014

/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-85,293

MICROSEMI CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM DURAN HCP
ALLENTOWN, PENNSYLVANIA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 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) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(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
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery 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.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
met:
(1) a significant number or proportion of the workers in the
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) the workers' firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article that was the basis for such
certification; and

(3) either
(A) the workers' firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to the
workers' separation or threat of separation.


Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on May 7, 2014 on behalf of workers of Microsemi Corporation,
including on-site leased workers from Duran HCP, Allentown,
Pennsylvania. The workers' firm is engaged in activities related to
the supply of design services for application-specific integrated
circuits (ASIC) and field-programmable gate array (FPGA)
integrated circuits.
The petitioner alleged that worker separations were caused
by a shift of services to a foreign country. During the course of
the investigation, information was collected from the firm.
The investigation revealed that of Microsemi Corporation,
Allentown, Pennsylvania, does not produce an article within the
meaning of Section 222(a) or Section 222(b) of the Act. In order
to be considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification must work for a "firm" or appropriate subdivision
that produces an article. The definition of a firm includes an
individual proprietorship, partnership, joint venture, association,
corporation (including a development corporation), business trust,
cooperative, trustee in bankruptcy, and receiver under decree of
any court.
During the investigation, the Department of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the workers' firm supplied services related to
design services.
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA), the worker group must be certified eligible to apply for
Trade Adjustment Assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Microsemi
Corporation, including on-site leased workers from Duran HCP,
Allentown, Pennsylvania, engaged in activities related to the
supply of design services are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 20th day of August, 2014.

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