DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,364

CYOPTICS, INC.
FORMERLY APOGEE PHOTONICS
INCLUDING ON-SITE LEASED WORKERS OF
EXPRESS PERSONNEL SERVICES
ALLENTOWN, PENNSYLVANIA

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 in response to a petition
received on April 24, 2007, and filed by a company official on
behalf of workers at CyOptics, Inc., formerly Apogee Photonics,
Allentown, Pennsylvania. The worker group also includes leased
workers of Express Personnel Services working on site at CyOptics,
Inc., formerly Apogee Photonics, Allentown, Pennsylvania. The
workers produce optoelectronic lasers. They are not separately
identifiable by product line.
The decline in employment at the subject plant is related to a
shift in plant production of optoelectronic lasers to a country
(Mexico) that is a party to a free trade agreement with the United
States.
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 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 CyOptics, Inc., formerly Apogee Photonics,
including on-site leased workers of Express Personnel
Services, Allentown, Pennsylvania, who became totally or
partially separated from employment on or after April 23,
2006, 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 18th day of May 2007.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance