DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-50,366

AGERE SYSTEMS, INC.
OPTOELECTRONICS DIVISION
FORMERLY LUCENT TECHNOLOGIES, INC’S
MICROELECTRONICS BUSINESS
BREINIGSVILLE, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration
On May 12, 2003, the Department issued an Affirmative
Determination Regarding Application on Reconsideration applicable
to workers and former workers of the subject firm. The notice
was published in the Federal Register on May 29, 2003 (68 FR
32124).
On January 27, 2003 the Department initially denied TAA to
workers of Agere Systems, Inc., Optoelectronics Division,
formerly Lucent Technologies, Inc.’s Microelectronics Division,
Breinigsville, Pennsylvania producing optoelectronic devices
because the "contributed importantly" group eligibility
requirement of Section 222 of the Trade Act of 1974, was not met.
On reconsideration, the department surveyed additional
customers of the subject plant regarding their purchases of
optoelectronic devices during the 2001 and 2002 period. The
survey revealed that major declining customer(s) increased their
reliance on imports of optoelectronic devices in the relevant
period.


Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with optoelectronic devices,
contributed importantly to the declines in sales or production
and to the total or partial separation of workers of Agere
Systems, Inc., Optoelectronics Division, formerly Lucent
Technologies, Inc.’s Microelectronics Division, Breinigsville,
Pennsylvania. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Agere Systems, Inc., Optoelectronics
Division, formerly Lucent Technologies, Inc.’s
Microelectronics Division, Breinigsville, Pennsylvania who
became totally or partially separated from employment on or
after December 9, 2001 through two years of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."

Signed in Washington, D.C. this 18th day of July 2003.

/s/ Elliott S. Kushner

____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance




Employment and Training Administration

TA-W-50,366

AGERE SYSTEMS, INC.
OPTOELECTRONICS DIVISION
FORMERLY LUCENT TECHNOLOGIES, INC’S
MICROELECTRONICS BUSINESS
BREINIGSVILLE, PENNSYLVANIA

Negative Determination Regarding Eligibility
To Apply for Worker 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on January 3, 2003 in response
to a petition filed by the International Brotherhood of Electrical
Workers, Local 1560 on behalf of workers at Agere Systems, Inc.,
Optoelectronics Division, formerly Lucent Technologies, Inc.’s
Microelectronics Division, Breinigsville, Pennsylvania. The
workers at the subject firm produce optoelectronic devices.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm shifted a
negligible portion of production of optoelectronic devices to
Singapore and imported a negligible amount of optoelectronic
devices during the relevant period.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of optoelectronic
devices. This surveyed revealed no imports of optoelectronic
devices during the relevant period.
Furthermore, the preponderance of evidence suggests that
worker separations are directly attributable to an overall reduced
demand for optoelectronic devices and a domestic transfer of
optoelectronic device production to Allentown, Pennsylvania.
Conclusion
After careful review, I determine that all workers of Agere
Systems, Inc., Optoelectronics Division, formerly Lucent
Technologies, Inc.’s Microelectronics Division, Breinigsville,
Pennsylvania are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as amended.
Signed in Washington, D.C. this 27th day of January 2003

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance