Certified
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TAW-59195  /  Photronics, Inc. (Milpitas, CA)

Petitioner Type: Company
Impact Date: 04/11/2005
Filed Date: 04/11/2006
Most Recent Update: 05/10/2006
Determination Date: 05/10/2006
Expiration Date: 05/10/2008

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,195

PHOTRONICS INCORPORATED
MILPITAS, CALIFORNIA

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, 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 April 11, 2006 in response
to a petition filed on behalf of workers of Photronics Incorporated
in Milpitas, California. The workers communicate customer
specifications for the production of photomasks, provide technical
customer support and prepare data files containing circuit patterns
for the initial production of photomasks.
The investigation revealed that workers of Photronics
Incorporated, Milpitas, California, are related to the production
of photomasks produced by the firm.
Other findings of the investigation show that workers of the
Photronics in Austin, Texas, were certified eligible to apply for
adjustment assistance on May 9, 2006, under petition number TA-W-
59,189.
This investigation determined that the decline in employment
at Photronics, Milpitas, California, is in part attributable to the
shift in production of photomasks from Austin, Texas to Taiwan,
Korea, China and the United Kingdom. It is likely that imports of
photomasks will increase following the shift.
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.
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.
A significant number of workers at the firm are age 50 or over
and some of the workers possess skills that are not easily
transferable. Competitive conditions within the industry are
adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Taiwan, Korea, China and
the United Kingdom of photomasks, and there has been or is likely
to be an increase in imports. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Photronics, Milpitas, California, who became
totally or partially separated from employment on or after
April 11, 2005, 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 10th day of May 2006

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance