Petitioner Type: State
Impact Date: 02/07/2021
Filed Date: 02/08/2022
Most Recent Update: 03/10/2022
Determination Date: 03/10/2022
Expiration Date: 03/10/2024
Employment and Training Administration
TA-W-98,190
FORMFACTOR, INC.
SYSTEMS - FFBV DIVISON
BEAVERTON, OREGON
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the 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 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 Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated February 7, 2022, and
filed on February 8, 2022, by a State Workforce Office on behalf
of former workers of FormFactor, Inc., Systems - FFBV division,
Beaverton, Oregon (hereafter referred to as the "worker group").
In accordance with 20 C.F.R. 618.110 a worker group is defined
as, ""¦inclusive of teleworkers and staffed workers."
The worker group is engaged in activities related to the
production of semiconductor test and measurement products.
The petition alleges that worker separations, or threats
thereof, were due to "Company has current petition - 95809 - for
the Finance Dept. only. Worker reports that the company has
purchased a company in Germany with plans to eliminate the
manufacturing/production at this location by April 2022. Worker
reports that they were responsible to train the new German Team
of workers. All production and shipping to be performed from the
new German location."
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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 a shift in
production of semiconductor test and measurement products to a
foreign country has occurred and there has been or is likely to be
an increase in imports of articles that are like or directly
competitive with semiconductor test and measurement products
produced by such workers' firm.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 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).
The Department has determined that criterion (II) has not
been met. The workers in the workers' firm possess skills that are
easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of FormFactor, Inc.,
Systems - FFBV division, Beaverton, Oregon, who are engaged in
activities related to the production of semiconductor test and
measurement products, 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 FormFactor, Inc., Systems - FFBV division,
Beaverton, Oregon, who became totally or partially separated
from employment on or after February 7, 2021 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 I further determine that
all workers of FormFactor, Inc., Systems - FFBV division,
Beaverton, Oregon are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended."
Signed in Washington, D. C. this 10th day of March, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance