DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,766

NETWORK ELEMENTS
MANUFACTURING DIVISION
BEAVERTON, OREGON

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 (19
USC 2273), 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)(B) of
Section 222 have been met.
The investigation was initiated December 11, 2003 in response
to a petition filed by a State agency official on behalf of the
workers at Network Elements, Manufacturing Division, Beaverton,
Oregon. The workers at the subject facility produce fiber optic
modules for routers and switches; they are separately identifiable
by product line.
The investigation revealed that production declined absolutely
from 2002 to 2003 and a significant number of workers were
terminated from employment during the period under investigation.
Furthermore, the preponderance in the declines in employment
at the subject division is related to a shift in production of
fiber optic modules for switches and routers to a country (Mexico)
which is party to a free trade agreement with the United States.
In addition, 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 possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico 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 Network Elements, Manufacturing Division,
Beaverton, Oregon, who became totally or partially separated
from employment on or after December 9, 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 30th day of January 2004.


/s/ Linda G. Poole

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