Certified
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TAW-82689  /  Emcore Corporation (Albuquerque, NM)

Petitioner Type: State
Impact Date: 04/23/2012
Filed Date: 04/24/2013
Most Recent Update: 10/30/2013
Determination Date: 10/30/2013
Expiration Date: 10/30/2015

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,689

EMCORE CORPORATION
EMCORE PHOTOVOLTAIC DIVISION
ALBUQUERQUE, NEW MEXICO


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;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on April 24, 2013 by a state workforce official on behalf
of workers of EMCORE Corporation, Emcore Photovoltaic Division,
Albuquerque, New Mexico (hereafter collectively referred to as
"EMCORE" or "the subject firm"). The workers' firm is engaged in
activities related to the production of space solar cells,
coverglass interconnected cells (CICs), and satellite solar
panels. The worker group does not include leased workers.
The workers of the subject firm were eligible to apply for
Trade Adjustment Assistance (TAA) under TA-W-70,162
(certification expired on February 2, 2012).
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in the subject worker group
have become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers'
firm has shifted to a foreign country a portion of the
production of articles like or directly competitive with the
space solar cells, CICs, and satellite solar panels produced by
the subject worker group, which contributed importantly to
worker group separations at EMCORE.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMCORE Corporation,
Emcore Photovoltaic Division, Albuquerque, New Mexico, who are
engaged in activities related to the production of space solar
cells, coverglass interconnected cells, and satellite solar
panels, 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 EMCORE Corporation, Emcore Photovoltaic
Division, Albuquerque, New Mexico, who became totally or
partially separated from employment on or after April 23,
2012 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 30th day of October, 2013

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