DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,351

AVANEX CORPORATION
INCLUDING ON-SITE LEASED WORKERS OF ADECCO
AND MANPOWER
PAINTED POST, NEW YORK

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 January 19, 2005 in response
to a petition filed by a company official on behalf of workers at
Avanex Corporation, Painted Post, New York. The workers at the
subject firm produce optical line modules for the
telecommunications industry.
The subject firm leased some of its workers from Adecco and

Manpower, Painted Post, New York, during the relevant period.

The investigation revealed that employment at the subject firm
decreased in 2004 in comparison with 2003.
Furthermore, the investigation revealed that company imports
of optical line modules have increased significantly after the
subject firm began its shift to Thailand.
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 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 was a shift in production from the
workers' firm or subdivision to Thailand of articles that are like
or directly competitive with those produced by the subject firm or
subdivision, and there has been or is likely to be an increase in
imports of like or directly competitive articles.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Avanex Corporation, including on-site leased
workers of Adecco and Manpower, Painted Post, New York, who
became totally or partially separated from employment on or
after January 19, 2004 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 2nd day of February 2005.


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