DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,898

FINISAR CORPORATION
ADVANCED OPTICAL COMPONENTS DIVISION
ALLEN, TEXAS

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 February 26, 2008,
in response to a petition filed on behalf of the workers of
Finisar Corporation, Advanced Optical Components Division,
Allen, Texas. The workers are engaged in the production of
VCSEL based components (i.e. advance optical components).
The investigation determined that criteria
(a)(2)(A)(I.C.) and (a)(2)(B)(II.C.) have not been met for
workers of the subject firm.
The investigation revealed that the subject firm did
not import VCSEL based components (i.e. advance optical
components) from a foreign country.
The subject firm shifted a portion of VCSEL based
components (i.e. advance optical components) production to
Malaysia. It is not likely that imports of VCSEL based
components will increase.
The Department of Labor surveyed the major declining
customers of the subject firm regarding purchases of VCSEL
based components in 2006, 2007, and in January through
February 2008. The surveys revealed that the customers did
not purchase imports of VCSEL based components during the
relevant period.
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, I determine that workers of
Finisar Corporation, Advanced Optical Components Division,
Allen, Texas, are denied eligibility to apply for adjust-
ment 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 7th day of May, 2008.


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