DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-61,770

JDSU
LOS COCHES ASSEMBLY AND TEST GROUP
MILPITAS, 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 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 July 2, 2007 in response
to a petition filed by a company official on behalf of workers
of JDSU, Los Coches Test and Assembly Group, Milpitas,
California. The workers produce reconfigurable optical add-drop
multiplexer modules for telecommication devices. The workers of
the Los Coches Test and Assembly Group are seperately
identifiable from other workers at the Milpitas facility.
The investigation revealed that employment at the Milpitas
facility decreased year-to-date 2007 compared with the same
period of the previous year. The decline in employment is
directly attributable to a portion of production at the facility
being shifted to Malaysia. A significant portion of the
production abroad is for import and sale in 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 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 JDSU, Los Coches Test and Assembly Group,
Milpitas, California, who become totally or partially
separated from employment on or after June 29, 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 27th of July 2007


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