Petitioner Type: Workers
Impact Date: 09/23/2008
Filed Date: 09/30/2009
Most Recent Update: 05/11/2010
Determination Date: 05/11/2010
Expiration Date: 05/11/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,444
TOPPAN PHOTOMASKS, INC.
SANTA CLARA, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on September 30, 2009 on behalf of workers of Toppan
Photomasks, Inc., Santa Clara, California. The workers produce
photomasks used in the production of semiconductors.
The investigation revealed that workers of Toppan
Photomasks who are engaged in employment related to the
production of photomasks meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the relevant period.
Criterion II has been met because workers of Toppan
Photomasks produced and sold photomasks to firms that employed
worker groups who are covered by active certifications to be
used in the production of semiconductors, semiconductor
wafers, gene chip arrays, and integrated circuits.
Criterion III has been met because the loss of business
by Toppan Photomasks with the TAA-certified firms, with
respect to photomasks sold to the TAA-certified firm,
contributed importantly to worker separations at the Santa
Clara facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toppan Photomasks,
Inc., Santa Clara, California, who are engaged in employment
related to production of photomasks meet the worker group
certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Toppan Photomasks, Inc., Santa Clara,
California, who became totally or partially separated from
employment on or after September 23, 2008, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 11th day of May, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-72,444
TOPPAN PHOTOMASKS, INC.
SANTA CLARA, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and
III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.
Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on September 30, 2009 on behalf of workers of Toppan
Photomasks, Inc., Santa Clara, California. The workers produce
photomasks used in the production of semiconductors.
The investigation revealed that workers of Toppan
Photomasks who are engaged in employment related to the
production of photomasks meet the criteria as Suppliers for
secondary worker certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the relevant period.
Criterion II has been met because workers of Toppan
Photomasks produced and sold photomasks to firms that employed
worker groups who are covered by active certifications to be
used in the production of semiconductors, semiconductor
wafers, gene chip arrays, and integrated circuits.
Criterion III has been met because the loss of business
by Toppan Photomasks with the TAA-certified firms, with
respect to photomasks sold to the TAA-certified firm,
contributed importantly to worker separations at the Santa
Clara facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Toppan Photomasks,
Inc., Santa Clara, California, who are engaged in employment
related to production of photomasks meet the worker group
certification criteria under Section 222(c) of the Act, 19
U.S.C. § 2272(c). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Toppan Photomasks, Inc., Santa Clara,
California, who became totally or partially separated from
employment on or after September 23, 2008, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 11th day of May, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance