Petitioner Type: Workers
Impact Date: 06/18/2002
Filed Date: 07/01/2003
Most Recent Update: 07/30/2003
Determination Date: 07/30/2003
Expiration Date: 07/30/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,189
OPLINK COMMUNICATIONS
SAN JOSE, CALIFORNIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on July 1, 2003, in response
to a petition filed on behalf of workers of Oplink Communications,
San Jose, California. The workers produced optical fiber
components.
The investigation revealed sales, production and employment
declined during the relevant period.
The investigation further revealed that the company increased
their reliance on imported optical fiber components during the
relevant period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with optical fiber components produced
at Oplink Communications, San Jose, California contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Oplink Communications, San Jose, California
who became totally or partially separated from employment on
or after June 18, 2002 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
Signed in Washington, D. C. this 30th day of July, 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance