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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,401]

Qimonda 200MM FacilityIncluding On-Site Leased Workers FromTokyo Electron America and Nikon Precision, Inc.Sandston, VA; Amended Certification Regarding EligibilityTo Apply for Worker Adjustment Assistance andAlternative 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 200MM Facility, Sandston, Virginia. The notice was published in theFederal Registeron December 30, 2008 (73 FR 79914).

At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of DRAM semiconductor wafers.

New information shows that workers leased from Tokyo Electron America and Nikon Precision, Inc. were employed on-site at the Sandston, Virginia location of Qimonda 200MM Facility. The Department has determined that these workers were sufficiently under the control of Qimonda 200MM Facility to be considered leased workers.

Based on these findings, the Department is amending this certification to include workers leased from Tokyo Electron America and Nikon Precision, Inc. working on-site at the Sandston, Virginia location of the subject firm.

The intent of the Department's certification is to include all workers employed at Qimonda 200MM Facility, Sandston, Virginia who were adversely affected by a shift in production to a foreign country followed by increased imports of articles like or directly competitive with the DRAM semiconductor wafers produced by the subject firm.

The amended notice applicable to TA-W-64,401 is hereby issued as follows:

Signed at Washington, DC, this 10th day of February 2009 Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance.