DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,389

PAYTON TECHNOLOGY CORPORATION
FOUNTAIN VALLEY, 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, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an 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 on June 16, 2005 in response
to a petition filed by the California State Employment Development
Department on behalf of workers at Payton Technology Corporation,
Fountain Valley, California. The workers produce computer memory
chips.
The investigation revealed that sales and employment at the
subject firm declined in the relevant time period.
The United States Department of Labor conducted a survey of
the major customer of the subject firm regarding its purchases of
computer memory chips in 2003, 2004, and January-June 2005. The
survey revealed that the respondent increased its imports while
decreasing purchases from the subject firm 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.
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 the skills of the worker group
are easily transferable to other positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increased imports of articles like
or directly competitive with computer memory chips produced at
Payton Technology Corporation, Fountain Valley, California,
contributed importantly to the decline in sales or production and
to the total or partial separation of workers of that firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Payton Technology Corporation, Fountain
Valley, California, who became totally or partially separated
from employment on or after June 15, 2004 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 Payton Technology
Corporation, Fountain Valley, 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 14th day of July, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance