[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73131-73132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29822]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-70,599]


Innovion Corporation, Gresham, OR; Notice of Negative 
Determination on Reconsideration

    On March 31, 2010, the Department of Labor issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of Innovion Corporation, Gresham, Oregon (subject 
firm). The notice was published in the Federal Register on April 19, 
2010 (75 FR 20382). The workers supply ion implantation services for 
firms in the semiconductor industry.
    The initial investigation resulted in a negative determination 
based on the finding that there was no shift to/acquisition from a 
foreign country by the workers' firm of services like or directly 
competitive with the ion implantation services supplied by the subject 
firm and no increased import by either the subject firm or its major 
declining customers of services like or directly competitive with the 
ion implantation services supplied by the subject firm [Section 
222(a)]. Further, the workers are not eligible to apply for Trade 
Adjustment Assistance (TAA) as adversely affected secondary workers 
[Section 222(c)] or workers of a firm identified by the International 
Trade Commission as a member of a domestic industry injured under a 
provision of the Tariff Act of 1930 [Section 222(f)].
    The initial investigation concluded that worker separations were 
attributable to a customer's decision to perform ion implantation 
services in-house instead of using the subject firm.
    During the reconsideration investigation, the Department sought 
clarification from the subject firm's headquarters and conducted an 
expanded customer survey of the subject firm's major declining 
customers, including those identified in the request for 
reconsideration.
    Information provided during the reconsideration investigation 
confirmed no shift to/acquisition from another country by the subject 
firm in the supply of ion implantation services, and no increased 
imports of ion implantation services, or like or directly competitive 
services, by the subject firm during the relevant period.
    The customer survey conducted during the reconsideration 
investigation showed that, during the relevant time period, the three 
largest declining customers of the subject firm did not import services 
like or directly competitive with the ion implantation services 
provided by the subject workers.
    Together, the surveyed customers accounted for 92 percent of 
subject firm sales in 2007, 89 percent of subject firm sales in 2008, 
and 84 percent of subject firm sales during the first four months of 
2009. Those customers also accounted for 109 percent of the sales 
decline of the subject firm from 2007 to 2008 and 97 percent of the 
subject firm's sales decline during the first four months of 2009 as 
compared with the same period of 2009.
    The assertion that the subject firm should be certified as a result 
of the certification of customer LSI Logic (TA-W-55,958; certified on 
November 3, 2003) was not investigated on reconsideration because a 
shift to a foreign country by a customer cannot be a basis of 
certification absent under Section 222(a), which requires that there 
has been a shift to a foreign country by the subject firm. Further, the 
certification of the Chandler, Arizona facility (TA-W-71,648) cannot be 
the basis of certification of workers of the Gresham, Oregon facility 
as adversely affected secondary workers because the certification of 
the Chandler, Arizona facility was based on the satisfaction of Section 
222(c) and Section 222(c) requires that the primary firm be certified 
under Section 222(a).

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Innovion Corporation, Gresham, 
Oregon.


[[Page 73132]]


    Signed in Washington, DC, this 15th day of November 2010.
 Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-29822 Filed 11-26-10; 8:45 am]
BILLING CODE 4510-FN-P