DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,169

SMART MODULAR TECHNOLOGIES
FREMONT, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on November 22, 2002 and filed by the company on behalf of
workers at Smart Modular Technologies, Fremont, California. The
workers produce memory modules used in PC's, servers and
motherboards.
The investigation revealed that a significant portion of
workers at the subject facility have been separated or are
threatened with separation from employment and that production at
the subject plant declined absolutely during the relevant time
period.
The investigation also revealed that imports by the subject
company increased significantly during the period of production
decline at the firm.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of articles
like or directly competitive with memory modules used in PC's,
servers and motherboards produced at Smart Modular Technologies,
Fremont, California contributed importantly to the total or partial
separation of workers and to the decline in sales or production and
at that firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Smart Modular Technologies, Fremont,
California who became totally or partially separated from
employment on or after November 21, 2001 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended."
Signed in Washington, D. C. this 21st day of January 2003.


/s/Richard Church____________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance