DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,371

FINISAR CORPORATION
FORMERLY KNOWN AS OPTIUM CORPORATION
HORSHAM, 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 on February 25, 2009, in
response to a petition filed on behalf of workers of Finisar
Corporation, formerly known as Optium Corporation, Horsham,
Pennsylvania. The workers produce telecommunications components.
The investigation revealed that the subject firm is separating
some of its workers at the Horsham facility, and shifting
production to China and Malaysia. Imports from those foreign
locations are expected to 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 addition, 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 China and 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 Finisar Corporation, formerly known as Optium
Corporation, Horsham, Pennsylvania, who became totally or
partially separated from employment on or after February 19,
2008 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 2nd day of April 2009

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