DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,495

SUMITOMO ELECTRIC DEVICE INNOVATIONS USA, INC.
A WHOLLY OWNED SUBSIDIARY OF
SUMITOMO ELECTRIC USA HOLDINGS, INC.
VCSEL GROUP
ALBUQUERQUE, NEW MEXICO

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of
title II of the Trade Act of 1974, as amended by the TAARA
2015, to the facts of this petition (statutory reconsideration).

The initial investigation, initiated August 21, 2014,
resulted in a negative determination, issued on September 23,
2014, that was based on no foreign trade impact. The determination
was applicable to workers and former workers of Sumitomo Electric
Device Innovations USA, Inc., a wholly owned subsidiary of
Sumitomo Electric USA Holdings, Inc., VCSEL Group, Albuquerque,
New Mexico (herein known as “Sumitomo Electric Device Innovations
USA, Inc.” or “workers’ firm”).

The subject firm is engaged in activities related to
the production of Vertical Cavity Surface Emitting Lasers
(VCSEL) and photodiode components, parallel optical transceiver
modules, and active optical cables. The worker group,
specifically, are engaged in the production of VCSEL dies.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a
shift in production to a foreign country contributed to the
worker separations at the workers’ firm.

Section 222(a)(1) has been met because 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.

Section 222(a)(2)(B) has been met because the workers’ firm
has shifted to a foreign country the production of an article
like or directly competitive with the article produced by the
workers which contributed importantly to worker group
separations at Sumitomo Electric Device Innovations USA, Inc.

Conclusion

After careful review, I determine that workers of Sumitomo
Electric Device Innovations USA, Inc., a wholly owned subsidiary
of Sumitomo Electric USA Holdings, Inc., VCSEL Group, Albuquerque,
New Mexico, who are engaged in activities related to production
of Vertical Cavity Surface Emitting Lasers (VCSEL) dies, 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 Sumitomo Electric Device Innovations USA,
Inc., a wholly owned subsidiary of Sumitomo Electric USA
Holdings, Inc., VCSEL Group, Albuquerque, New Mexico who
became totally or partially separated from employment on
or after August 20, 2013, 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 9th day of September, 2015


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,495

SUMITOMO ELECTRIC DEVICE INNOVATIONS USA, INC.
A WHOLLY OWNED SUBSIDIARY OF
SUMITOMO ELECTRIC USA HOLDINGS, INC.
VCSEL GROUP
ALBUQUERQUE, NEW MEXICO

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 ("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) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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. § 2272(a)(1)) requires that 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
(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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) 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
(ii)(I) 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;
(II)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
(III)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.

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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on August 21, 2014 on behalf of workers of Sumitomo
Electronic Device Innovations USA, Inc., a wholly owned
subsidiary of Sumitomo Electric USA Holdings, Inc., VCSEL
Group, Albuquerque, New Mexico. The workers' firm is engaged
in activities related to the production of Vertical Cavity
Surface Emitting Lasers and photodiode components, parallel
optical transceiver modules, and active optical cables.
The petitioners alleged that, "Production has been
shifted to Japan and China." During the course of the
investigation, information was collected from the workers'
firm and the petitioners.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of articles like or
directly competitive with the articles produced by Sumitomo
have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Sumitomo shifted production of VSCEL
and photodiode components, parallel optical transceiver
modules, and active optical cables to a foreign country which
is not party to a free trade agreement with the United States
nor is it a beneficiary country under the African Growth and
Opportunity Act, or the Caribbean Basin Economic Recovery Act.
However, the investigation confirmed that there are no imports
of articles like or directly competitive with the articles
produced by the workers' firm nor is there likely to be an
increase in imports.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sumitomo is neither a Supplier nor
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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance. Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Sumitomo
Electronic Device Innovations USA, Inc., a wholly owned
subsidiary of Sumitomo Electric USA Holdings, Inc., VCSEL
Group, Albuquerque, New Mexico engaged in activities related
to the production of Vertical Cavity Surface Emitting Lasers
and photodiode components, parallel optical transceiver
modules, and active optical cables are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, as amended, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974, amended.

Signed in Washington, D.C. this 23rd day of September, 2014


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