DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,305

FOVEON, INC.
A SUBSIDIARY OF SIGMA CORPORATION OF AMERICA
RESEARCH AND DEVELOPMENT DEPARTMENT
SAN JOSE, CALIFORNIA

Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Trade Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA
petition dated September 23, 2020 and filed on September 24,
2020 by a state workforce representative, on behalf of workers
and former workers of Foveon, Inc., a subsidiary of Sigma
Corporation of America, Research and Development Department, San
Jose, California (hereafter referred to as the "worker group").
In accordance with 20 C.F.R. 618 a worker group is defined as,
"...inclusive of teleworkers and staffed workers."
The worker group is engaged in activities related to the
supply of research and development services for camera image
sensors and are not separately identifiable by service.
The petition alleged that worker separations, or threats
thereof, were due to foreign trade because "all positions at the
San Jose location were outsourced to Japan. Foveon Incorporated
is a subsidiary of Sigma Corporation."
During the course of the investigation, the Department
collected information from the petitioner(s), the workers'
firm, and other relevant sources.
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:
Employment Criterion
(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.

20 C.F.R. 618 states that an analysis of separation data
must generally consist of a "(1) comparison of employment on
the petition date to employment on the date that is 1 year
prior to the petition date; (2) review of employment activity
during the 1-year period prior to the petition date; and (3)
review of evidence provided by the workers' firm regarding
actual and threatened separations that occur, or are scheduled
to occur, after the petition date."
The Department determines that the employment criterion
has been met.
Shift/Acquisition Criterion
(2)(B)(i)(I) there has been a shift by the workers' firm to
a foreign country in the production of articles or the
supply of services like or directly competitive with
articles which are produced or services which are supplied
by such firm; or
(II) such workers' firm has acquired from a
foreign country articles or services that are
like or directly competitive with articles which
are produced or services which are supplied by
such firm;

20 C.F.R. 618 states that an analysis of
shift/acquisition data must generally consist of a comparison
of shift/acquisition data on the petition date to
shift/acquisition data that is 1 year prior to the petition
date; (2) review of shift/acquisition activity during the 1-
year period prior to the petition date; and (3) review of
evidence provide by the workers' firm regarding
shift/acquisition activity scheduled to occur after the
petition date.
The Department determines that the shift criterion has
been met.
Contributed Importantly Criterion
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110
defines contributed importantly as "a cause that is important
but not necessarily more important than any other cause."
According to 20 C.F.R. 618.225(b)(2)(iii), "(A) Analysis
of impact of shift activity on worker separations must
generally consist of determining: (1) Whether there are one or
more events or factors that sever or lessen the causal nexus
between the shift activity and worker separations or threat of
separation; (2) What percentage of the workers' firm sales or
production declines was attributable to the firm's shift
activity; (3) Whether operations at the workers' firm domestic
facility or facilities decreased at the same or at a greater
rate than operations at the foreign facility or facilities;
and (4) Whether there are other events or factors that
mitigate or amplify the impact of shift activity on the
workers' firm. (B) The impact may be determined using a
quantitative or
qualitative analysis."
The Department determines that the contributed
importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Foveon, Inc., a
subsidiary of Sigma Corporation of America, Research and
Development Department, San Jose, California, who are engaged in
activities related to the supply of research and development
services for camera image sensors, 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 Foveon, Inc., a subsidiary of Sigma
Corporation of America, Research and Development
Department, San Jose, California, who became totally or
partially separated from employment on or after September
23, 2019, 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 21st day of December 2020.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance