Certified
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TAW-56549  /  Finisar Corp. (Sunnyvale, CA)

Petitioner Type: Company
Impact Date: 01/26/2004
Filed Date: 02/11/2005
Most Recent Update: 03/07/2005
Determination Date: 03/07/2005
Expiration Date: 03/07/2007


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,549

FINISAR CORPORATION
SUNNYVALE, CALIFORNIA

Certification Regarding Eligibility
To Apply For Worker 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 February 11, 2005, in
response to a petition filed by a company official on behalf of
workers of Finisar Corporation, Sunnyvale, California. The workers
produced optical components.
The investigation revealed the company shifted production from
the subject facility to a foreign country and will be importing as
a result of the shift in production. Layoffs occurred in the first
quarter of 2005.

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 Malaysia 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 Finisar Corporation, Sunnyvale, California
who became totally or partially separated from employment on
or after January 26, 2004 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974."
Signed in Washington, D.C. this 7th day of March 2005.


/s/ Elliott S. Kushner


______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance