Certified
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TAW-92832  /  Finisar Corporation (Horsham, PA)

Petitioner Type: Company
Impact Date: 04/25/2017
Filed Date: 04/21/2017
Most Recent Update: 06/22/2017
Determination Date: 06/22/2017
Expiration Date: 06/22/2019

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,832

FINISAR CORPORATION
OPERATIONS, MANUFACTURING, PURCHASING,
AND ENGINEERING DIVISIONS
HORSHAM, PENNSYLVANIA

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 21, 2017, by a company official on behalf of
workers of Finisar Corporation, Operations, Manufacturing,
Purchasing, and Engineering divisions, Horsham, Pennsylvania
("Finisar Corporation"). The workers' firm is engaged in
activities related to the production of optical communications
products.
The worker group was certified eligible to apply for
Trade Adjustment Assistance under petition number TA-W-85,906
which expired on April 24, 2017.
During the course of the investigation, information was
collected from the workers' firm/petitioner.
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 Finisar Corporation.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Finisar Corporation,
Operations, Manufacturing, Purchasing, and Engineering
divisions, Horsham, Pennsylvania, who are engaged in activities
related to the production of optical communications products
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 Finisar Corporation, Operations,
Manufacturing, Purchasing, and Engineering divisions,
Horsham, Pennsylvania, who became totally or partially
separated from employment on or after April 25, 2017,
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 June 2017.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance