DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,726

NEWPORT CORPORATION
PHOTONICS AND PRECISION TECHNOLOGIES DIVISION
IRVINE, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 29, 2009, by the State Workforce Office on behalf
of workers of Newport Corporation, Photonics and Precision
Technologies (PPT) Division, Irvine, California. The workers
produce high power diode lasers.
The investigation revealed that workers of Newport
Corporation, PPT Division, who are engaged in employment
related to the production of high power diode lasers, meet the
criteria for certification.
Section 222(a)(1) has been met because at least five
percent of the workers have become separated from employment
during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and production of high power diode lasers produced by Newport
Corporation have decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles or services like or directly competitive with high
power diode lasers produced by Newport Corporation, PPT
Division have increased. Specifically, the subject firm has
increased reliance on imports of articles like or directly
competitive with high power diode lasers.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports of high power diode lasers by Newport
Corporation contributed importantly to the worker group
separations and sales/production declines at the Irvine,
California facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Newport Corporation,
PPT Division, Irvine, California, who are engaged in employment
related to the production of high power diode lasers, meet the
worker group certification criteria under Section 222(a) of the
Act, 19 U.S.C. § 2272(a). In accordance with Section 223 of the
Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Newport Corporation, PPT Division, Irvine,
California, who became totally or partially separated from
employment on or after May 21, 2008, through two years from
the date of certification, and all workers in the group
threatened with total or partial separation from employment
on the date of certification through two years from the
date of certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 22nd day of September, 2009

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance