Certified
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TAW-52498  /  Smart Modular Technologies, Inc. (Wilmington, MA)

Petitioner Type: Company
Impact Date: 08/07/2002
Filed Date: 08/11/2003
Most Recent Update: 08/28/2003
Determination Date: 08/28/2003
Expiration Date: 08/28/2005

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,498

SMART MODULAR TECHNOLOGIES, (MA), INC.
A WHOLLY OWNED SUBSIDIARY OF SOLECTRON CORPORATION
TECHNOLOGY SOLUTIONS BUSINESS UNIT DIVISION
WILMINGTON, MASSACHUSETTS

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
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 August 11, 2003, and filed by a company official on
behalf of workers at Smart Modular Technologies, (MA), Inc., a
wholly owned subsidiary of Solectron Corporation, Technology
Solutions Business Unit division, Wilmington, Massachusetts.
Workers at the subject firm produce memory flash cards; they are
not separately identifiable by product line.
The investigation revealed that sales, production, and
employment at the subject firm decreased absolutely from 2001 to
2002.
Furthermore, imports of memory flash cards by the subject firm
increased absolutely during the relevant period.
In accordance with Section 246 the Trade Act of 1974 (26 USC
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
At least 5 percent of workers of the firm are over age 50 and
do not possess skills that are easily transferable. Competitive
conditions within the industry are adverse.
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 flash cards produced at
Smart Modular Technologies, (MA), Inc., a wholly owned subsidiary
of Solectron Corporation, Technology Solutions Business Unit
division, Wilmington, Massachusetts, contributed importantly to the
total or partial separation of workers and to the decline in sales
or production at that firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Smart Modular Technologies, (MA), Inc., a
wholly owned subsidiary of Solectron Corporation, Technology
Solutions Business Unit division, Wilmington, Massachusetts,
who became totally or partially separated from employment on
or after August 7, 2002, through two years from the date of
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974;" and

"All workers of Smart Modular Technologies, (MA), Inc., a
wholly owned subsidiary of Solectron Corporation, Technology
Solutions Business Unit division, Wilmington, Massachusetts
who became totally or partially separated from employment on
or after August 7, 2002 through two years from the date of
certification are eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C. this 28th day of August, 2003.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance