TAA Decision on SAMSUNG-100 Workers Laid Off From FAB1 Are Eligible (01/14/10) Dept of Labor.

TAA Decision 72128

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,128

SAMSUNG AUSTIN SEMICONDUCTOR, LLC
DRAM FAB 1
A SUBSIDIARY OF SAMSUNG ELECTRONICS CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM MANPOWER
AUSTIN, TEXAS

Certification Regarding Eligibility
To Apply for Worker 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:
I. 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on August 26, 2009 by a company official on behalf of
workers of Samsung Austin Semiconductor, LLC, a subsidiary of
Samsung Electronics Corporation, DRAM Fab 1, including on-site
leased workers from Manpower, Austin, Texas. The workers
produced DRAM chips for use in electronics.
The investigation revealed that workers of Samsung Austin
Semiconductor who are engaged in employment related to the
production of DRAM chips meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers.
Criterion III has been met because the shift in
production of DRAM chips to Korea relative to U.S. production
by Samsung Austin Semiconductor contributed importantly to
worker group separations at the Austin, Texas facility.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Samsung Austin
Semiconductor, DRAM Fab 1, Austin, Texas who are engaged in
employment related to the production of DRAM chips 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 Samsung Austin Semiconductor, DRAM Fab 1,
a subsidiary of Samsung Electronics corporation,
including on-site leased workers of Manpower, Austin,
Texas, who became totally or partially separated from
employment on or after August 26, 2008, 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 14th day of January, 2010

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