Certified
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TAW-82798A  /  Decton (Fountain Valley, CA)

Petitioner Type: Company
Impact Date: 06/10/2012
Filed Date: 06/11/2013
Most Recent Update: 06/25/2013
Determination Date: 06/25/2013
Expiration Date: 06/25/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,798

KINGSTON TECHNOLOGY, INC.
FOUNTAIN VALLEY, CALIFORNIA

TA-W-82,798A

DECTON
LEASED WORKERS ON-SITE AT
KINGSTON TECHNOLOGY, INC.
FOUNTAIN VALLEY, 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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers
in such workers' firm have become totally or partially
separated, or are threatened to become totally or
partially separated;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of articles
or supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on June 11, 2013 by a company official on behalf of workers
of Kingston Technology, Inc., Fountain Valley, California
(hereafter referred to as "Kingston Technology" of "subject
firm"). The workers' firm is engaged in activities related to the
production of DRAM computer memory modules and the supply of
related support services. The subject worker group includes on-
site leased workers from Decton.
The subject firm was previously certified eligible to apply
for Trade Adjustment Assistance (TAA) under TA-W-80,194
(certification expired on June 10, 2013). The afore-mentioned
certification did not include on-site leased workers from Decton.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers' firm have become
totally or partially separated, or are threatened to become
totally or partially separated.
Section 222(a)(2)(B) has been met because the workers' firm
has shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the workers
which contributed importantly to worker group separations at
Kingston Technology, including the separations of on-site leased
workers of Decton.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kingston Technology,
Inc., Fountain Valley, California, who are engaged in activities
related to the production of DRAM computer memory modules or to
the supply of related support services, meet the worker group
certification criteria under Section 222(a) of the Act, 19 U.S.C.
§ 2272(a). In accordance with Section 223 of the Act, 19 U.S.C. §
2273, I make the following certification:














"All workers of Kingston Technology, Inc., Fountain Valley,
California (TA-W-82,798), who became totally or partially
separated from employment on or after June 11, 2013 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"
AND
"All workers of Decton, working on-site at Kingston
Technology, Inc., Fountain Valley, California (TA-W-82,798A),
who became totally or partially separated from employment on
or after June 10, 2012 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 25th day of June, 2013


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance