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TAW-55498  /  American Xtal Tech. (AXT, Inc.) (Fremont, CA)

Petitioner Type: Company
Impact Date: 09/17/2004
Filed Date: 08/23/2004
Most Recent Update: 09/17/2004
Determination Date: 09/17/2004
Expiration Date: 09/17/2006

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,498

AMERICAN XTAL TECHNOLOGY, INC (AXT, INC)
FREEMONT, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated August 23, 2004 in response to
a petition filed by a company official on behalf of workers of
American Xtal Technology, Inc (AXT, Inc), Freemont California. The
workers at the subject facility produce semi-conductor wafers.
The investigation revealed the preponderance of declines in
employment at the subject firm is related to a shift in production
of semi-conductor wafers to China. Moreover, the investigation
revealed that imports of semi-conductor wafers by the firm will
increase.
This worker group was certified eligible to apply for trade
adjustment assistance under petition number TA-W-41,120, which
expired on September 16, 2004.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to China of articles that are
like or directly competitive with the semi-conductor wafers
produced by the subject firm or subdivision, and there has been or
is likely to be an increase in imports of like or directly
competitive articles.
In accordance with the provisions of the Act, I make the
following certification:
"Workers of American Xtal Technology, Inc (AXT, Inc), Freemont
California, engaged in employment related to the production of
semi-conductor wafers, who became totally or partially
separated from employment on or after September 17, 2004,
through two years from the date of certification, are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D. C. this 17th day of September, 2004

/s/ Linda G. Poole


______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance