DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,148

AVANEX CORPORATION
INCLUDING LEASED WORKERS OF ACCOUNTEMPS, ELECTRONIX STAFFING
SERVICES, CERTIFIED EMPLOYMENT GROUP, ANDIAMOL GROUP LLC AND
FACILITIES FIRST
FREMONT, 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 October 6, 2003, in
response to a petition filed on behalf of workers of Avanex
Corporation, Fremont, California. The workers produce
integrated optical modules and optical subsystems.
The investigation revealed that Avanex Corporation,
Fremont, California also leased some of its production workers
from Accountemps, Electronix Staffing Services, Certified
Employment Group, Andiamol Group LLC and Facilities First.
The investigation also revealed that employment at the
subject firm declined from 2001 to 2002 and also declined from
January through June 2003 when compared to the same time period
in 2002.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of
integrated optical modules and optical subsystems to China. The
subject firm will increase the imports of integrated optical
modules and optical subsystems following the shift abroad.
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 do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers' firm or subdivision to China of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Avanex Corporation, Fremont, California,
and leased workers of Accountemps, Electronix Staffing
Services, Certified Employment Group, Andiamol Group LLC
and Facilities First, producing integrated optical modules
and optical subsystems at Avanex Corporation, Fremont,
California, who became totally or partially separated from
employment on or after September 24, 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, 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 18th day of November 2003

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