Qimonda 200 MM Facility, Including On-Site Leased Workers From Tokyo Electron America, Nikon Precision, Inc. and Air Products and Chemicals, Inc., and Qimonda North America Corporation, Qimonda Richmond, a Subsidiary of Qimonda AG, Sandston, VA; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 15752 [E9-7798]
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15752
Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices
determination complained of was
erroneous;
(2) If it appears that the determination
complained of was based on a mistake
in the determination of facts not
previously considered; or
(3) If in the opinion of the Certifying
Officer, a misinterpretation of facts or of
the law justified reconsideration of the
decision.
The negative TAA determination
issued by the Department for the
workers of International Business
Machines Corporation, IBM Integrated
Supply Chain Operations, Hopewell
Junction, New York was based on the
findings that the worker group did not
produce an article within the meaning
of Section 222 of the Trade Act of 1974.
The investigation revealed that workers
of the subject firm provided internal
maintenance and development services
for various Web based applications. The
investigation further revealed that no
production of article(s) occurred within
the firm or appropriate subdivision
during the relevant period.
The petitioner in the request for
reconsideration contends that the
Department erred in its interpretation of
the work performed by the workers of
the subject firm. The petitioner states
that from 1996 to 2007 the workers of
the subject firm developed applications
that ‘‘were being deployed in China for
education and financial purposes’’. The
petitioner also indicates that the
workers maintained and created
applications for customers.
When assessing eligibility for TAA,
the Department exclusively considers
production and import impact during
the relevant time period (one year prior
to the date of the petition). Events
occurring between 1996 and October
2007 are outside of the relevant time
period as established by the petition
date of November 4, 2008, and thus
cannot be considered in this
investigation.
The investigation revealed that during
the relevant period, the workers of
International Business Machines
Corporation, IBM Integrated Supply
Chain Operations, Hopewell Junction,
New York managed existing
applications in the IBM Procurement
portfolio that were used internally for
purposes such as invoice support, Web
orders, and procurement.
These functions, as described above,
are not considered production of an
article within the meaning of Section
222 of the Trade Act. While the
provision of services may result in
printed material or can be stored
electronically, it is incidental to the
provision of these services. No
production took place at the subject
VerDate Nov<24>2008
17:13 Apr 06, 2009
Jkt 217001
facility, nor did the workers support
production of an article at any domestic
location during the relevant period.
The petitioner also alleges that job
functions have been shifted from the
subject firm to China.
The allegation of a shift to another
country might be relevant if it was
determined that workers of the subject
firm produced an article. However, the
investigation determined that workers of
International Business Machines
Corporation, IBM Integrated Supply
Chain Operations, Hopewell Junction,
New York do not produce an article
within the meaning of Section 222 of
the Trade Act of 1974.
Conclusion
After review of the application and
investigative findings, I conclude that
there has been no error or
misinterpretation of the law or of the
facts which would justify
reconsideration of the Department of
Labor’s prior decision. Accordingly, the
application is denied.
Signed in Washington, DC, this 24th day of
March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–7797 Filed 4–6–09; 8:45 am]
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DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–64,401]
Qimonda 200 MM Facility, Including
On-Site Leased Workers From Tokyo
Electron America, Nikon Precision, Inc.
and Air Products and Chemicals, Inc.,
and Qimonda North America
Corporation, Qimonda Richmond, a
Subsidiary of Qimonda AG, Sandston,
VA; Amended 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 U.S.C. 2273), and
Section 246 of the Trade Act of 1974 (26
U.S.C. 2813), as amended, the
Department of Labor issued a
Certification of Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment
Assistance on December 11, 2008,
applicable to workers of Qimonda 200
MM Facility, Sandston, Virginia. The
notice was published in the Federal
Register on December 30, 2008 (73 FR
79914). The certification was amended
on February 10, 2009 and March 3, 2009
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
to include on-site leased workers of
Tokyo Electron America, Nikon
Precision and Ebara Technologies.
These notices were published in the
Federal Register on February 23, 2009
(74 FR 8111) and March 11, 2009 (74 FR
10619) respectfully.
At the request of the subject firm, the
Department reviewed the certification
for workers of the subject firm. The
workers are engaged in the production
of DRAM semiconductor wafers.
The company reports that worker
separations occurred at Qimonda North
America Corporation, Qimonda
Richmond, a subsidiary of Qimonda AG,
and are on-site with the Qimonda 200
MM Facility. Workers of the Qimonda
200 MM Facility and workers of
Qimonda North America Corporation
are not separately identifiable by
product line (DRAM semiconductor
wafers).
New Information also shows that
workers leased from Air Products and
Chemicals, Inc. were employed on-site
at the Sandston, Virginia location of
Qimonda 200 MM Facility. The
Department has determined that these
workers were sufficiently under the
control of the subject form to be
considered leased workers.
Based on these findings, the
Department is amending this
certification to include all on-site
workers of Qimonda North America
Corporation, Qimonda Richmond, a
subsidiary of Qimonda AG and to
include leased workers from Air
Products and Chemicals, Inc. working
on-site at the Sandston, Virginia
location of the subject firm.
The amended notice applicable to
TA–W–64,401 is hereby issued as
follows:
All workers of Qimonda 200 MM Facility,
including on-site leased workers from Tokyo
Electron America, Nikon Precision, Inc., and
Air Products and Chemicals, Inc., Sandston,
Virginia, and including on-site workers of
Qimonda North America Corporation,
Qimonda Richmond, a subsidiary of
Qimonda AG, Sandston, Virginia who
became totally or partially separated from
employment on or after November 11, 2007
through December 11, 2010, 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 at Washington, DC, this 31st day of
March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E9–7798 Filed 4–6–09; 8:45 am]
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[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Page 15752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7798]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-64,401]
Qimonda 200 MM Facility, Including On-Site Leased Workers From
Tokyo Electron America, Nikon Precision, Inc. and Air Products and
Chemicals, Inc., and Qimonda North America Corporation, Qimonda
Richmond, a Subsidiary of Qimonda AG, Sandston, VA; Amended
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 U.S.C.
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as
amended, the Department of Labor issued a Certification of Eligibility
to Apply for Worker Adjustment Assistance and Alternative Trade
Adjustment Assistance on December 11, 2008, applicable to workers of
Qimonda 200 MM Facility, Sandston, Virginia. The notice was published
in the Federal Register on December 30, 2008 (73 FR 79914). The
certification was amended on February 10, 2009 and March 3, 2009 to
include on-site leased workers of Tokyo Electron America, Nikon
Precision and Ebara Technologies. These notices were published in the
Federal Register on February 23, 2009 (74 FR 8111) and March 11, 2009
(74 FR 10619) respectfully.
At the request of the subject firm, the Department reviewed the
certification for workers of the subject firm. The workers are engaged
in the production of DRAM semiconductor wafers.
The company reports that worker separations occurred at Qimonda
North America Corporation, Qimonda Richmond, a subsidiary of Qimonda
AG, and are on-site with the Qimonda 200 MM Facility. Workers of the
Qimonda 200 MM Facility and workers of Qimonda North America
Corporation are not separately identifiable by product line (DRAM
semiconductor wafers).
New Information also shows that workers leased from Air Products
and Chemicals, Inc. were employed on-site at the Sandston, Virginia
location of Qimonda 200 MM Facility. The Department has determined that
these workers were sufficiently under the control of the subject form
to be considered leased workers.
Based on these findings, the Department is amending this
certification to include all on-site workers of Qimonda North America
Corporation, Qimonda Richmond, a subsidiary of Qimonda AG and to
include leased workers from Air Products and Chemicals, Inc. working
on-site at the Sandston, Virginia location of the subject firm.
The amended notice applicable to TA-W-64,401 is hereby issued as
follows:
All workers of Qimonda 200 MM Facility, including on-site leased
workers from Tokyo Electron America, Nikon Precision, Inc., and Air
Products and Chemicals, Inc., Sandston, Virginia, and including on-
site workers of Qimonda North America Corporation, Qimonda Richmond,
a subsidiary of Qimonda AG, Sandston, Virginia who became totally or
partially separated from employment on or after November 11, 2007
through December 11, 2010, 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 at Washington, DC, this 31st day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7798 Filed 4-6-09; 8:45 am]
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