DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,978

CONFLUENT PHOTONICS CORPORATION
A SUBSIDIARY OF AUXORA, INC.
SALEM, NEW HAMPSHIRE

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 March 10, 2006, in
response to a petition filed by a company official on behalf of
workers of Confluent Photonics Corporation, a subsidiary of
Auxora, Inc., Salem, New Hampshire. The workers produce optical
DWDM modules and systems for the cable service industry.
The investigation also revealed that employment at the
subject firm declined from 2004 to 2005, and in January through
February 2006 over the corresponding period of 2005.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of
optical DWDM modules and systems to China. It is likely that
U.S. imports of these articles will increase.
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 I
determine that there was a shift in production from the workers'
firm or subdivision to China of articles that are like or
directly competitive with DWDM modules and systems 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:
"Workers of Confluent Photonics Corporation, a subsidiary
of Auxora, Inc., Salem, New Hampshire, engaged in
employment related to the production of optical DWDM
modules and systems, who became totally or partially
separated from employment on or after March 9, 2005,
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. thi 28th day of March, 2006

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