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Federal Register / Vol. 72, No.

191 / Wednesday, October 3, 2007 / Notices 56387

APPENDIX—TAA—Continued
[Petitions instituted between 9/17/07 and 9/21/07]

Subject Firm Date of Date of


TA—W Location
(petitioners) institution petition

62175 ................ Masys Corporation (Comp) .................................................. Minneapolis, MN ................... 09/20/07 09/14/07
62176 ................ First American Corporation (Wkrs) ....................................... Flint, MI ................................. 09/20/07 09/19/07
62177 ................ ASF Keystone, Inc. (USW) ................................................... Granite City, IL ...................... 09/21/07 09/20/07
62178 ................ Alloc Inc (Comp) ................................................................... Racine, WI ............................ 09/21/07 09/20/07
62179 ................ Desa LLC (Comp) ................................................................ Manchester, TN .................... 09/21/07 09/20/07
62180 ................ Cooper Standard Automotive (Comp) .................................. Archbold, OH ........................ 09/21/07 09/20/07
62181 ................ Louisiana Pacific Corporation (State) ................................... Hines, OR ............................. 09/21/07 09/19/07
62182 ................ Ideal Tool Inc. (Wkrs) ........................................................... Meadville, PA ........................ 09/21/07 09/18/07
62183 ................ Hartmann (Comp) ................................................................. Lebanon, TN ......................... 09/21/07 09/19/07
62184 ................ Mark Eyelet, Inc. (State) ....................................................... Watertown, CT ...................... 09/21/07 09/20/07
62185 ................ Halco (Wkrs) ......................................................................... Belle Vernon, PA .................. 09/21/07 09/20/07
62186 ................ TRW Automotive (AFLCIO) .................................................. Lebanon, TN ......................... 09/21/07 09/20/07
62187 ................ Bock, USA Inc (State) .......................................................... Monroe, CT ........................... 09/21/07 09/20/07
62188 ................ Nortel (Wkrs) ........................................................................ Research Triangle Park, NC 09/21/07 09/12/07

[FR Doc. E7–19478 Filed 10–2–07; 8:45 am] These dies are cut from the wafer and eligible to apply for trade adjustment
BILLING CODE 4510–FN–P then packaged. At this time, the assistance.’’
packaged dies are called ‘chips’ and In order to determine whether the
sold. It should be noted, the initial investigation focused on the
DEPARTMENT OF LABOR manufactured wafer can be sold and the wrong article, the Department carefully
‘test and assembly’ of the chip can take reviewed previously-submitted
Employment and Training place elsewhere. There are three steps information, all the information
Administration here, a) INTEL buys the bare silicon provided in the request for
[TA–W–61,601] wafer from a supplier, b) Fab23 then reconsideration, new information
manufactures the electronic circuit on provided by the subject firm, and
Intel Corporation, Fab 23, Colorado the wafer called a die and c) then die information available in the public
Springs, Colorado; Notice of Negative is tested and assembly.’’) A corollary to domain (such as the Internet).
Determination on Reconsideration this allegation is that the Department The chip production process consists
should have conducted a TAA of three basic steps: first, prepare (purify
On August 22, 2007, the Department and polish) a raw silicon wafer; second,
investigation with a focus on chips
issued an Affirmative Determination process the wafer (add and expose
instead of wafers.
Regarding Application for layers of chemicals and circuitry onto
Reconsideration applicable to workers Second, the petitioner alleges that the
the wafer) until engineered patterns of
and former workers of Intel Corporation, subject workers are eligible to apply for
electrical passages (also called
Fab 23, Colorado Springs, Colorado (the TAA due to a shift of production to
integrated circuits or chips) in the
subject firm). The Department’s Notice Taiwan. The petitioner states that, in
desired quantity are created; third, cut
of affirmative determination was 2006, Intel Corporation (Intel) sold the
the circuit-laden wafer into individual
published in the Federal Register on ‘‘Hermon’’ line of chips to another
dies and packaged (also called unit
August 29, 2007 (72 FR 49736). The company and that the subject firm
packaging).
subject workers produce silicon wafers. agreed to produce ‘‘Hermon’’ chips for Steps one and two are known as wafer
The negative determination was based the buyer until the buyer’s Taiwan fabrication. After wafer fabrication is
on the Department’s findings that, facility could produce the ‘‘Hermon’’ complete, a quality control measure
during the relevant period, the subject chips. The petition asserts that because called a wafer sort may take place. Each
firm’s sales and production of silicon the subject firm is an ‘‘Agent wafer may carry hundreds or thousands
wafers increased, and the subject firm Manufacturer’’ of the buyer, the buyer’s of (usually) identical circuits,
did not import or shift production of decision to use Taiwanese chips should depending on the size of the circuitry
silicon wafers abroad. The Department’s be construed as a shift of production and the diameter of the wafer.
Notice of negative determination from the subject firm to Taiwan. According to the request for
regarding the subject workers’ eligibility Third, the petitioner alleges that the reconsideration, the article that exists at
to apply for Trade Adjustment subject workers are eligible to apply for the end of step two is a manufactured
Assistance (TAA) and Alternative Trade TAA as secondary workers. The wafer. According to the subject firm, the
Adjustment Assistance (ATAA) was petitioner stated, in part, that article that exists at the end of step two
issued on June 15, 2007, and published ‘‘Manufacturing Technicians of INTEL is a fabricated wafer.
in the Federal Register on June 28, 2007 Fab 23 are likely secondary/down At step three (also known as unit
(72 FR 35517). stream Employees’’ and that eligible packaging), the fabricated wafer is cut
The request for reconsideration makes secondary workers ‘‘include workers into dies and processed into packaged
three allegations. employed by supplier firms, chips (also called fabricated chips).
First, the petitioner alleges that the downstream producers, and firms that After the wafer is cut into dies, each
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Department misidentified the article provide contract services who are chip-bearing die is mounted on a small
produced at the subject firm (‘‘Intel separated or threatened with separation printed circuit board which will allow
Fab23 does NOT manufacture Silicon if their separation is their separation is it to connect with other devices through
Wafers, FAB23 manufactures electronic due to a loss of business with a firm solder ball connections. The chip/
circuits called dies on a silicon wafer. where workers have been certified as circuit-board unit is then coated with

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56388 Federal Register / Vol. 72, No. 191 / Wednesday, October 3, 2007 / Notices

epoxy plastic, leaving only the solder the article that was the basis for such Certification Regarding Eligibility to
balls exposed. While the final package certification; and Apply for Worker Adjustment
(also called a finished semiconductor (3) either— Assistance and Alternative Trade
chip) can be sold ‘‘as is,’’ it is usually (A) The workers’ firm is a supplier Adjustment Assistance on May 7, 2007,
connected to other circuit boards so it and the component parts it supplied for applicable to workers of ASEC
can be connected to a wide variety of the firm (or subdivision) described in Manufacturing, a subsidiary of Delphi
electronic devices (such as cell phones paragraph (2) accounted for at least 20 Corporation, Catoosa, Oklahoma. The
and personal digital assistants). percent of the production or sales of the notice was published in the Federal
According to subject firm, the subject workers’ firm; or Register on May 24, 2007 (72 FR 29182).
facility was engaged in only steps one (B) a loss of business by the workers’ At the request of the UAW, Local 286,
and two, and step three took place firm with the firm (or subdivision) the Department reviewed the
outside the United States. According to described in paragraph (2) contributed certification for workers of the subject
the request for reconsideration, ‘‘dies importantly to the workers’ separation firm. The workers are engaged in the
are cut from the wafer and then or threat of separation. production of automotive catalysts.
packaged * * * It should be noted, the The subject workers are not New information shows that as the
manufactured wafer can be sold and the considered secondary workers because result of a change in ownership, ASEC
‘test and assembly’ of the chip can take the subject firm neither supplied a Manufacturing, a subsidiary of Delphi
place elsewhere.’’ component part to the buyer nor Corporation, will become known as
Because the reconsideration finished or assembled a final product for Umicore AutoCat USA, Inc. on
investigation revealed that only wafer the buyer. Further, the buyer of the September 28, 2007. Workers separated
fabrication took place at the subject ‘‘Hermon’’ line of chips is not a from employment at the subject firm
firm, the Department determines that company that employs a group of had their wages reported under a
the subject firm produced silicon wafers workers who received a certification of separate unemployment insurance (UI)
and that the focus of the initial TAA eligibility to apply for TAA benefits. tax account for Umicore AutoCat USA,
investigation was proper. In order for the Department to issue Inc.
Under section 113 of the Trade a certification of eligibility to apply for Accordingly, the Department is
Adjustment Assistance Reform Act of ATAA, the subject worker group must amending this certification to properly
2002, workers may be eligible to apply be certified eligible to apply for TAA. reflect this matter.
for TAA if they were laid-off if their Since the subject workers are denied The intent of the Department’s
company shifted production abroad to a eligibility to apply for TAA, the workers certification is to include all workers of
country that is either a party to a free cannot be certified eligible for ATAA. ASEC Manufacturing, a subsidiary of
trade agreement with the United States
Conclusion Delphi Corporation, now known as
or named as a beneficiary under the
After careful reconsideration, I affirm Umicore AutoCat USA, Inc. who were
Andean Trade Preferences Act, the
the original notice of negative adversely affected by increased
African Growth and Opportunity Act or
determination of eligibility to apply for customer imports of automotive
the Caribbean Basin Economic Recovery
worker adjustment assistance for catalysts.
Act.
Because Taiwan is not a country that workers and former workers of Intel The amended notice applicable to
is a party to a free trade agreement with Corporation, Fab 23, Colorado Springs, TA–W–60,857 is hereby issued as
the United States or named as a Colorado. follows:
beneficiary under any of the Signed at Washington, DC, this 26th day of ‘‘All workers of ASEC Manufacturing, a
aforementioned acts, the subject September 2007 subsidiary of Delphi Corporation, now
workers cannot be certified for TAA known as Umicore AutoCat USA, Inc.,
Elliott S. Kushner, Catoosa, Oklahoma, who became totally or
based on a shift of production abroad. Certifying Officer, Division of Trade partially separated from employment on or
Further, the subject workers cannot be Adjustment Assistance. after January 22, 2006, through May 7, 2009,
certified as eligible to apply for TAA [FR Doc. E7–19481 Filed 10–2–07; 8:45 am] are eligible to apply for adjustment assistance
because the articles that are being BILLING CODE 4510–FN–P under Section 223 of the Trade Act of 1974,
imported following the shift of and are also eligible to apply for alternative
production to Taiwan are not like or trade adjustment assistance under Section
directly competitive with the silicon DEPARTMENT OF LABOR 246 of the Trade Act of 1974.’’
wafers produced at the subject firm. Signed at Washington, DC, this 25th day of
In order to make an affirmative Employment and Training September 2007.
determination that the subject workers Administration Richard Church,
qualify as secondary workers, the Certifying Officer, Division of Trade
[TA–W–60,857]
following group eligibility requirements Adjustment Assistance.
under section 222(b) must be met: ASEC Manufacturing, a Subsidiary of [FR Doc. E7–19480 Filed 10–2–07; 8:45 am]
(1) A significant number or proportion Delphi Corporation Now Known as BILLING CODE 4510–FN–P
of the workers in the workers’ firm or Umicore Autocat USA, Inc., Catoosa,
an appropriate subdivision of the firm Oklahoma; Amended Certification
have become totally or partially Regarding Eligibility To Apply for
separated, or are threatened to become NATIONAL AERONAUTICS AND
Worker Adjustment Assistance and
totally or partially separated; and SPACE ADMINISTRATION
Alternative Trade Adjustment
(2) The workers’ firm (or subdivision)
Assistance [Notice (07–080)]
is a supplier or downstream producer to
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a firm (or subdivision) that employed a In accordance with Section 223 of the Privacy Act of 1974; Privacy Act
group of workers who received a Trade Act of 1974 (19 U.S.C. 2273), and System of Records
certification of eligibility to apply for Section 246 of the Trade Act of 1974 (26
trade adjustment assistance benefits and U.S.C. 2813), as amended, the AGENCY:National Aeronautics and
such supply or production is related to Department of Labor issued a Space Administration (NASA).

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