Petitioner Type: Workers
Impact Date: 11/10/2003
Filed Date: 11/12/2004
Most Recent Update: 12/15/2004
Determination Date: 12/15/2004
Expiration Date: 12/15/2006
Employment and Training Administration
TA-W-55,983
SEH AMERICA, INC.
A SUBSIDIARY OF SHIN ETSU HANDOTAI
INCLUDING ON-SITE LEASED WORKERS FROM SPECTRAL AND VOLT
VANCOUVER, WASHINGTON
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), as amended, 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)(A) of
Section 222 have been met.
The investigation was initiated on November 12, 2004 and filed
on behalf of workers at SEH America, Inc., a subsidiary of Shin
Etsu Handotai, Vancouver, Washington. The workers are engaged in
the production of silicon ingots and wafers. The workers are not
separately identifiable by product.
The subject facility leased some on-site workers from Spectral
and Volt.
The investigation revealed that employment declined at the
subject facility from 2002-2003 and from January through October
2004 compared to the same period in 2003. Sales and production of
wafers decreased from 2002 to 2003.
The investigation also revealed that imports of silicon wafers
by the firm increased during the relevant period.
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 increases of imports of articles
like or directly competitive with those produced by the subject
firm contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of SEH America, Inc., a subsidiary of Shin Etsu
Handotai, including on-site leased workers from Spectral and
Volt, Vancouver, Washington, who became totally or partially
separated from employment on or after November 10, 2003,
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 15th day of December, 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance