Certified
« back to search results

TAW-56150  /  Dicon Fiberoptics, Inc. (Richmond, CA)

Petitioner Type: Workers
Impact Date: 11/22/2003
Filed Date: 12/06/2004
Most Recent Update: 01/14/2005
Determination Date: 01/14/2005
Expiration Date: 01/14/2007

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,150

DICON FIBEROPTICS, INC.
RICHMOND, 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 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 sales and/or production have
decreased absolutely at the workers firm or subdivision and an
increase in imports of articles like or directly competitive with
articles produced by the workers' firm or subdivision contributed
importantly to workers' separation or threat of separation and to
the decline in the sales or production of the subject firm or
subdivision.
The investigation was initiated on December 6, 2004 in
response to a petition filed by on behalf of workers at Dicon
Fiberoptics, Inc., Richmond, California. The workers at the
subject firm produce passive fiber optic components, modules and
test instruments. The workers are not separately identifiable by
product produced.
The investigation revealed that production and employment at
the subject facility declined during the period of April 2003
through March of 2004, compared with the same period one year
earlier. Employment has continued to decline through November of
this year.
The investigation further revealed that company imports of
products manufactured at the plant increased during the relevant
period.
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 division 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 increases of imports of articles
like or directly competitive with passive fiber optic components,
modules and test instruments produced at Dicon Fiberoptics, Inc.,
Richmond, California contributed importantly to the total or
partial separation of workers and to the decline in sales or
production and at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Dicon Fiberoptics, Inc., Richmond, California
who became totally or partially separated from employment on
or after November 22, 2003 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 14th day of January 2005.

/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance