DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,762

ADVANCED ION BEAM TECHNOLOGY, INC.
DANVERS, MASSACHUSETTS

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).
The initial investigation, initiated January 14, 2015,
resulted in a negative determination, issued on February 12, 2015,
that was based on the firm not increasing imports or shifting their
production abroad. The determination was applicable to workers and
former workers of Advanced Ion Beam Technology, Inc., Danvers,
Massachusetts (herein referred to as “Advanced Ion Beam Technology,
Inc.”). The workers’ firm is engaged in activities related to the
production of ion implanter equipment. Specifically, the workers
perform research and development of the foreign made ion implanter
equipment for its parent and affiliate located outside the United
States.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a shift in
research and development activities related to the production of
ion implanter equipment to a foreign country contributed to the
worker separations at 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 workers’ firm
has shifted to a foreign country activities related to the
production of an article like or directly competitive with the
activities performed by the workers which contributed importantly
to worker group separations at Advanced Ion Beam Technology, Inc.
Conclusion
After careful review, I determine that workers of Advanced Ion
Beam Technology, Inc., Danvers, Massachusetts, who are engaged in
activities related to production of ion implanter equipment, 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 Advanced Ion Beam Technology, Inc., Danvers,
Massachusetts who became totally or partially separated from
employment on or after January 13, 2014, 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 8th day of March, 2016.


/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,762

ADVANCED ION BEAM TECHNOLOGY, INC.
DANVERS, MASSACHUSETTS

Negative Determinations 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 January 14, 2014 by a state workforce office on behalf
of workers of Advanced Ion Beam Technology, Inc., Danvers,
Massachusetts. The workers' firm is engaged in activities
related to the production of ion beam implanters.
The petitioner alleges that, "The manufacturing of products
is being shifted to Taiwan. The firm manufactured ion
implementation equipment."
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
With respect to Section 222(a)(2)(A) of the Act, the
investigation revealed that imports of articles like or directly
competitive with the ion beam implanters produced by the
workers' firm have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers firm shifted activities
related to the production of ion beam implanters to Taiwan,
which is not a party to a free trade agreement with the United
States nor is it a beneficiary country under the African Growth
and Opportunity Act or the Caribbean Basin Economic Recovery
Act. The investigation further confirmed that imports of
articles like or directly competitive with the articles produced
by the workers' firm have not increased and are not likely to
increase.
With respect to Section 222(b) of the Act, the
investigation revealed that Advanced Ion Beam Technology,
Inc., Danvers, Massachusetts is not a Supplier or a 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).
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. 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 Advanced Ion Beam
Technology, Inc., Danvers, Massachusetts engaged in activities
related to production of ion beam implanters, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974, amended.

Signed in Washington, D.C. this 12th day of February, 2015

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