30112 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

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., Ebara Technologies, Inc., Air 

Products and Chemicals, Inc., PSI 

Repair Services, Exel Logistics, 

Xperts, Inc. and Kla-Tencor 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 

200MM 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, March 3, 2009 

and March 31, 2009 to include on-site 

leased workers of Tokyo Electron 

America, Nikon Precision, Ebara 

Technologies and Air Products and 

Chemicals, Inc. and Qimonda North 

America Corp., Qimonda Richmond, an 

on-site subsidiary of the subject firm. 

These notices were published in the 

Federal Register on February 23, 2009 

(74 FR 8111), March 11, 2009 (74 FR 

10619) and April 7, 2009 (74 FR 15752) 

respectfully. 

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. 

The company reports that workers 

leased from PSI Repair Services, Exel 

Logistics, Xperts, Inc. and KLA/Tencor 

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 PSI Repair Services, Exel Logistics, 

Xperts, Inc. and KLA/Tencor working 

on-site at the Sandston, Virginia 

location of the subject firm. 

The intent of the Department’s 

certification 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 DRAM semiconductor 

wafers produced by the subject firm. 

The amended notice applicable to 

TA–W–64,401 is hereby issued as 

follows: 

All workers of Qimonda 200MM Facility, 

including on-site leased workers from Tokyo 

Electron America, Nikon Precision, Inc., 

Ebara Technologies, Inc., Air Products and 

Chemicals, Inc., PSI Repair Services, Exel 

Logistics, Xperts, Inc., and KLA–Tensor and 

including on-site workers of Qimonda North 

America Corp., 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 12th day of 

June 2009. 

Elliott S. Kushner, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–14763 Filed 6–23–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[TA–W–64,647] 

Trane US, Inc., Residential Systems 

Division, Including On-Site Leased 

Workers From Remedy Intelligent 

Staffing, Tyler, TX; Determination 

Regarding Eligibility To Apply for 

Worker Adjustment Assistance and 

Alternative Trade Adjustment 

Assistance 

On May 1, 2009, the Department 

issued an Affirmative Determination 

Regarding Application for 

Reconsideration applicable to workers 

and former workers of the subject firm. 

The notice was published in the Federal 

Register on May 18, 2009 (74 FR 23216). 

The previous investigation initiated 

on December 11, 2008, resulted in a 

negative determination issued on 

February 13, 2009, was based on the 

finding that imports of air conditioning 

units did not contribute importantly to 

worker separations at the subject firm 

and no shift of production to a foreign 

source occurred. The denial notice was 

published in the Federal Register on 

March 3, 2009 (74 FR 9279). 

To support the request for 

reconsideration, the petitioner supplied 

additional information and alleged that 

the workers of the subject firm also 

manufactured components for air 

conditioning units and that the subject 

firm shifted production of these 

components to Mexico during the 

relevant period. 

The Department contacted a company 

official of the subject firm to address 

this allegation. Upon further 

investigation, it was revealed that the 

workers of the subject firm did 

manufacture one- and two-cylinder 

reciprocating compressors and 

crankshafts during the relevant period. 

These workers were separately 

identifiable from other workers at the 

subject firm. The investigation also 

revealed that the subject firm shifted 

production of one- and two-cylinder 

reciprocating compressors and 

crankshafts to Mexico impacting 

workers engaged in the production of 

one- and two-cycle reciprocating 

compressors and crankshafts during the 

relevant period. 

The petitioner also alleged that the 

subject firm is transferring the wiring 

department to Mexico in 2009. 

The company official of the subject 

firm confirmed that Trane US, Inc. is 

considering a transfer of the wiring 

department to Mexico and that this 

transfer is currently in the planning 

process. 

When assessing eligibility for TAA, 

the Department exclusively considers 

shifts in production which occur during 

the relevant time period (one year prior 

to the date of the petition). Events 

occurring in the future are outside of the 

relevant period and thus cannot be 

considered in this investigation. 

Should conditions change in the 

future, the petitioner is encouraged to 

file a new petition on behalf of the 

worker group which will encompass an 

investigative period that will include 

these changing conditions. 

The petitioner further alleged that the 

subject firm shifted production of gear 

drive centrifugal water chillers to China. 

The company official stated that the 

workers of the subject firm did not 

manufacture gear drive centrifugal water 

chillers during the relevant period. 

In accordance with Section 246 the 

Trade Act of 1974 (26 U.S.C. 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.