DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,806

PREMIER TECH CHRONOS
VONGAL DIVISION
A SUBSIDIARY OF PREMIER TECH INC.
INCLUDING ON-SITE LEASED WORKERS FROM
WORKFORCE AND CAREER PERSONNEL
MONTGOMERY, ALABAMA

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 February 3, 2015,
resulted in a negative determination, issued on March 18, 2015,
that was based on the firm not having a sales or production
decline or a shift in production. The determination was applicable
to workers and former workers of Premier Tech Chronos, VonGal
Division, a subsidiary of Premier Tech Inc., Montgomery, Alabama.
The workers’ firm is engaged in activities related to the
production of palletizers and conveyors. The subject worker group
includes on-site leased workers from Workforce and Career
Personnel.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that sales and
production did not decrease, shifts in production to a foreign
country did not occur, or acquisitions of articles from a foreign
country.
With respect to Section 222(a)(2)(A)(i) of the Act, the
investigation revealed that subject firm sales and production
increased comparing January 2015 to January 2014, the period
relevant to the investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the production
of palletizers and conveyors or a like or directly competitive
article to a foreign country or acquire palletizers and conveyors
or a like or directly competitive article from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Premier Tech Chronos, VonGal
Division, a subsidiary of Premier Tech Inc., Montgomery, Alabama
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 Premier Tech Chronos, VonGal
Division, a subsidiary of Premier Tech Inc., Montgomery, Alabama
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 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 Premier Tech
Chronos, VonGal Division, a subsidiary of Premier Tech Inc.,
including on-site leased workers from Workforce and Career
Personnel, Montgomery, Alabama, who were engaged in employment
related to the production of palletizers and conveyors to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 31st day of December, 2015


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



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,806

PREMIER TECH CHRONOS
VONGAL DIVISION
A SUBSIDIARY OF PREMIER TECH INC.
INCLUDING ON-SITE LEASED WORKERS FROM
WORKFORCE AND CAREER PERSONNEL
MONTGOMERY, ALABAMA

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 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 February 3, 2015 by an American Job Center on behalf
of workers of Premier Tech Chronos, VonGal Division, a
subsidiary of Premier Tech Inc., Montgomery, Alabama. The
workers' firm is engaged in activities related to the production
of palletizers and conveyors. The worker group includes on-site
leased workers from Workforce and Career Personnel.
The petitioner alleges that production was shifted to
Canada. 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 Premier Tech Chronos, VonGal
Division, a subsidiary of Premier Tech Inc., Montgomery,
Alabama has not experienced a decline in sales or production
of palletizers and conveyors during the relevant period under
investigation.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the subject firm did not shift
production of palletizers and conveyors to a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Premier Tech Chronos, VonGal
Division, a subsidiary of Premier Tech Inc., Montgomery,
Alabama is not 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).
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 Premier Tech
Chronos, VonGal Division, including on-site leased workers
from Workforce and Career Personnel, a subsidiary of Premier
Tech Inc., Montgomery, Alabama engaged in activities related
to the production of palletizers and conveyors 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 18th day of March 2015.

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