DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,071

II-VI, INC.
INFRARED OPTICS-SAXONBURG DIVISION
SAXONBURG, PENNSYLVANIA

TA-W-81,071A

LEASED WORKERS FROM
FROM ADECCO, CAROL HARRIS, UNLIMITED STAFFING, AND STAFFMARK
WORKING ON-SITE AT II-VI, INC.
INFRARED OPTICS-SAXONBURG DIVISION
SAXONBURG, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated on November 10, 2011,
resulted in a negative determination, issued on February 8, 2012,
that was based on the findings that the subject firm did not
experience a decline in sales or production nor did the subject
firm shift production to a foreign country during the relevant
period. The determination was applicable to workers and former
workers of II-VI, Inc., Infrared Optics-Saxonburg Division,
Saxonburg, Pennsylvania. The Department’s Notice of negative
determination was published in the Federal Register on February
14, 2012 (77 FR 8281). The workers’ firm is engaged in
activities related to the production of infrared and CO2 laser
optics and related materials.
The workers of II-VI, Inc., Infrared Optics-Saxonburg
Division, Saxonburg, Pennsylvania, were previously certified
eligible to apply for TAA under TA-W-64,895. The certification
did not include on-site leased workers from Adecco, Carol Harris,
Unlimited Staffing, and Staffmark.
To support the request for reconsideration, the petitioner
supplied additional information regarding a shift in production
to a foreign country to supplement that which was gathered during
the initial investigation.
Based on information provided during the reconsideration
investigation, the Department determines that worker separations
at the subject firm are related to a shift in the production of
like or directly competitive articles to a foreign country.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of II-VI, Inc.,
Infrared Optics-Saxonburg Division, Saxonburg, Pennsylvania, who
were engaged in employment related to production of infrared and
CO2 laser optics and related materials, 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 II-VI, Inc., Infrared Optics-Saxonburg
Division, Saxonburg, Pennsylvania (TA-W-81,071) who became
totally or partially separated from employment on or after
January 27, 2011, through April 27, 2014, and all workers in
the group threatened with total or partial separation from
employment on April 27, 2012 through April 27, 2014, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended; and all
leased workers from Adecco, Carol Harris, Unlimited
Staffing, and Staffmark, working on-site at II-VI, Inc.,
Infrared Optics-Saxonburg Division, Saxonburg, Pennsylvania,
(TA-W-81,071A) who became totally or partially separated
from employment on or after February 13, 2010, through April
27, 2014, and all workers in the group threatened with total
or partial separation from employment on April 27, 2012
through April 27, 2014, 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 27th day of April, 2012

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,071

II-VI INCORPORATED
INFRARED OPTICS-SAXONBURG DIVISION
SAXONBURG, PENNSYLVANIA

Negative Determinations 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm
must have become totally or partially separated or be
threatened with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.
(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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers’ firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers’ firm; OR
(II) there has been an acquisition from a foreign
country by the workers’ firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers’ firm; and
(ii) the shift described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.” For the Department to
issue a secondary worker certification under Section 222(b) of
the Act, 19 U.S.C. § 2272(b), to workers of a Supplier or a
Downstream Producer, the following criteria must be met:
(1) a significant number or proportion of the workers in
the workers’ firm or an appropriate subdivision of the
firm have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), and such supply or
production is related to the article or service that
was the basis for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the production
or sales of the workers’ firm;
or
(B) a loss of business by the workers’ firm with the
firm described in paragraph (2) contributed importantly
to the workers’ separation or threat of separation.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under
section 202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on November 10, 2011 by a company official on behalf of
workers of II-VI Incorporated, Infrared Optics-Saxonburg
Division, Saxonburg, Pennsylvania, (Infrared Optics-Saxonburg
Division). The workers’ firm is engaged in activities related to
the production of infrared and CO2 laser optics, and related
materials.
The petitioner’s allege that the company has increased
imports of products once made by the workers in Saxonburg.
During the course of the investigation, information was
collected from the workers’ firm.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that Infrared Optics-Saxonburg Division
has not experienced a decline in the sales or production of
infrared and CO2 laser optics, and related materials from 2009 to
2010 or from January-October 2010 compared to the same period in
2011.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers’ firm did not shift
production of infrared and CO2 laser optics, and related
materials to a foreign country or acquire infrared, CO2 laser
optics, and related materials from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Infrared Optics-Saxonburg Division is
a Supplier to a firm that employed a group of workers who
received a certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a); however, the component parts
supplied did not account for at least 20 percent of the
production or sales or contribute importantly to workers’
separation or threat thereof.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Infrared Optics-Saxonburg Division
does not act as a Downstream Producer to a firm that employed a
group of workers who received a certification of eligibility
under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
Finally, the group eligibility requirements under Section
222(e) of the Act have not been satisfied because the workers’
firm has not been publicly identified by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in an affirmative finding of serious injury, market
disruption, or material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of II-VI Incorporated,
Infrared Optics-Saxonburg Division, Saxonburg, Pennsylvania,
engaged in activities related to production of infrared and CO2
laser optics, and related materials, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 8th day of February, 2012.

/s/ Michael W. Jaffe

______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance










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