DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,021

EMCORE CORPORATION
EMCORE FIBER OPTICS DIVISION
NAPERVILLE, ILLINOIS

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated October 12, 2007, a worker requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of Emcore Corporation, Emcore Fiber Optics Division,
Naperville, Illinois (the subject firm) to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA). The negative determination was issued on
September 28, 2007. On October 12, 2007, the Department’s Notice
of negative determination was published in the Federal Register
(72 FR 58131). Workers at the subject firm design, assemble,
test, troubleshoot, disassemble, and repair LX4 digital fiber
optic components for semiconductors. Workers are not separately
identifiable by product.
The negative determination was based on the Department’s
findings that after the subject firm shifted production of
digital fiber optic components to Thailand, the subject firm did
not import and did not intend to import articles like or directly
competitive with those produced by the subject firm.
In the request for reconsideration, the worker alleges that
production of digital fiber optic components shifted from the
subject firm to Thailand and that the shift of production was
followed by increased imports of articles like or directly
competitive with those produced at the subject firm.
Pursuant to 29 CFR 90.18(c), administrative reconsideration
may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
After careful review of the request for reconsideration and
previously submitted materials, the Department determines that
there is no new information that supports a finding that there
was a shift of production to a country that is a party to a free
trade agreement with the United States or a country that is named
as a beneficiary under the Andean Trade Preference Act, the
African Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act.
Thailand does not have a free trade agreement with the
United States and is not a party to any of the previously-
identified Acts.
After careful review of the request for reconsideration and
previously submitted materials, the Department also determines
that there is no new information that supports a finding that
there were increased imports (actual or likely) of articles like
or directly competitive with those produced by the subject firm
following the subject firm’s shift of production abroad, and that
there was no mistake or misinterpretation of the facts or of the
law regarding the Department’s initial determination that the
subject workers are not eligible to apply for TAA and ATAA.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C. this 20th day of November 2007


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,021

EMCORE CORPORATION
EMCORE FIBER OPTICS DIVISION
NAPERVILLE, ILLINOIS

Negative Determinations 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or


II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on August 22, 2007, in
response to a petition filed by workers of Emcore Coporation,
Emcore Fiber Optics Division, Naperville, Illinois. Workers at the
subject firm design, assemble, test, troubleshoot, disassemble, and
repair LX4 digital fiber optic components for semiconductors.
Workers are not separately identifiable by product.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.C) have not been met.
The petitioners allege that production has been shifted to
Thailand.
The investigation revealed that the subject firm exports its
production of Lx4 digital fiber components. Production is being
shifted to Thailand and another domestic location.
The subject firm did not import LX4 digital fiber optic
components in 2005, 2006, or during the period of January through
August 2007, and has no plans to import those articles.
In addition, 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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Emcore Coporation,
Emcore Fiber Optics Division, Naperville, Illinois are denied
eligibility to apply for adjustment assistance under Section 223 of


the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 28th day of September 2007

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






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