Denied
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TAW-39739  /  Memc Southwest (Sherman, TX)

Petitioner Type: Workers
Impact Date:
Filed Date: 08/06/2001
Most Recent Update: 12/26/2001
Determination Date: 12/26/2001
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,739

MEMC SOUTHWEST
SHERMAN, TEXAS


Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligi-bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or sub-division have decreased absolutely; and

(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.

The investigation was initiated on August 6, 2001, in response to a petition filed on behalf of workers at MEMC Southwest, Sherman, Texas. The workers produced silicon wafers.

The investigation revealed that criterion (3) has not been met.
The subject firm is not importing silicon wafers.
The United States Department of Labor surveyed the major customer of the subject firm. That investigation revealed that the customer has decreased its domestic and foreign purchases of silicon wafers.
Other investigation findings show that production of silicon wafers at the Sherman, Texas plant has been transferred to another domestic location of MEMC Southwest.
Conclusion
After careful review, I determine that all workers of MEMC Southwest, Sherman, Texas, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 26th day of December 2001.


/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance