DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,291

PROLOGIX DISTRIBUTION SERVICES, EAST
A SUBSIDIARY OF JIM PATTISON GROUP (JPG)
SPRING ARBOR, MICHIGAN

Notice of Negative 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 May 7, 2014, resulted in
a negative determination, issued on June 12, 2014, that was based
on the firm not producing an article. The determination was
applicable to workers and former workers of ProLogix Distribution
Services, East, a subsidiary of Jim Pattison Group (JPG), Spring
Arbor, Michigan. The workers’ firm is engaged in activities related
to the supply of book and magazine distribution services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
requirements for certification have not been met.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or directly
competitive with book and magazine distribution services supplied
by ProLogix Distribution Services, East, a subsidiary of Jim
Pattison Group (JPG), Spring Arbor, Michigan, have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
book and magazine distribution services or a like or directly
competitive service to a foreign country or acquire book and
magazine distribution services or like or directly competitive
services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that ProLogix Distribution Services, East,
a subsidiary of Jim Pattison Group (JPG), Spring Arbor, Michigan
is not 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that ProLogix Distribution Services, East,
a subsidiary of Jim Pattison Group (JPG), Spring Arbor, Michigan
does not act as a Downstream Producer to a firm or subdivision
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 either because Criterion
(1) has not been met since the workers’ firm has not been publicly
identified by name 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, 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 ProLogix
Distribution Services, East, a subsidiary of Jim Pattison Group
(JPG), Spring Arbor, Michigan, who were engaged in employment
related to the supply of book and magazine distribution services to
apply for adjustment assistance, in accordance with Section 223 of
the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 17th day of March, 2016

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,291

PROLOGIX DISTRIBUTION SERVICES, EAST
A SUBSIDIARY OF JIM PATTISON GROUP (JPG)
SPRING ARBOR, MICHIGAN

Negative Determination 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 May 7, 2014 by a state workforce office on behalf of workers of
ProLogix Distribution Services, East, a subsidiary of Jim Pattison
Group (JPG), Spring Arbor, Michigan, are the subject of this
investigation (ProLogix).
The workers' firm is engaged in activities related to the supply
of book and magazine distribution services.
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that the firm does not produce an
article within the meaning of Section 222(a) or Section 222(b) of the
Act. In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision that
produces an article. The definition of a firm includes an individual
proprietorship, partnership, joint venture, association, corporation
(including a development corporation), business trust, cooperative,
trustee in bankruptcy, and receiver under decree of any court.
During the investigation, the Department obtained information
that revealed that the workers' firm did not produce an article;
rather, the workers' firm supplied services related to the supply of
book and magazine distribution services.
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 (TAA). 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 ProLogix Distribution Services,
East, a subsidiary of Jim Pattison Group (JPG), Spring Arbor,
Michigan, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.

Signed in Washington, D.C., this 12th day of June, 2014

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