DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,121

PHOTRONICS, INC.
MILPITAS, CALIFORNIA

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), 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)(B) of
Section 222 have been met.
The investigation was initiated October 3, 2003 in response to
a petition filed by a company official on behalf of workers
Photronics, Inc., Milpitas, California. Workers of the subject
firm produce photomasks.
The investigation revealed that employment at the subject
division decreased from 2001 to 2002 and during the period of
January through July 2003 compared to the same period in 2002.
Furthermore, declines in employment at the subject firm are
related to a shift in production of photomasks abroad, and imports
have increased during the relevant period.
In addition, 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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed that workers of the subject firm
possess skills that are easily transferable.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive those produced at the subject firm
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 Photronics, Inc., Milpitas, California who
became totally or partially separated from employment on or
after September 10, 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."
I further determine that all workers of Photronics, Inc.,
Milpitas, California are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D. C. this 24th day of October 2003.

/s/ Richard Church


______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance