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TAA Decision 97113

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        UNITED STATES DEPARTMENT OF LABOR 
Employment and Training Administration 
TA-W-97,113 
NETZSCH PREMIER TECHNOLOGIES, LLC 

EXTON, PENNSYLVANIA 
Certification Regarding Eligibility 
To Apply for Trade Adjustment Assistance for Workers 

In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C. 
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation 
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers. 

The investigation was initiated in response to a TAA petition dated June 30, 2021 and 
filed on July 2, 2021 by a State Workforce Office, on behalf of workers and former workers of 
NETZSCH Premier Technologies, LLC, Exton, Pennsylvania (hereafter referred to as the "worker 
group"). In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive of 
teleworkers and staffed workers." 

The worker group is engaged in activities related to the production of grinding and 
dispersing machines and spare parts and are not separately identifiable by product. 

The petition alleged that worker separations, or threats thereof, were due to layoffs and 
work being shifted to Germany. 

During the course of the investigation, the Department collected information from the 
petitioner(s), the workers' firm, and other relevant sources. 

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: 

Employment Criterion 

(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. 
20 C.F.R. 618.225(b)(2)(i)(B) states that an "analysis of separation data must generally 
consist of a: "(1) Comparison of employment on the petition date to employment on the date that is 
1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior 
to the petition date; and (3) Review of evidence provided by the workers' firm regarding actual and 
threatened separations that occur, or are scheduled to occur, after the petition date." 

The Department determines that the employment criterion has been met. 

Shift/Acquisition Criterion 

(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production 
of articles or the supply of services like or directly competitive with articles which 
are produced or services which are supplied by such firm; or 

(II) such workers' firm has acquired from a foreign country articles or services that 
are like or directly competitive with articles which are produced or services which 
are supplied by such firm; 
According to 20 C.F.R. 618.225(b)(2)(ii)(B), "Analysis of shift data must generally consist 
of a: (1) Comparison of shift/acquisition data on the petition date to shift/acquisition data that is 
1 year prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period 
prior to the petition date; and (3) Review of evidence provided by the workers' firm regarding shift/ 
acquisition activity scheduled to occur after the petition date." 

The Department determines that the shift criterion has been met. 

Contributed Importantly Criterion 

(ii) the shift described in clause (i)(I) or the acquisition of articles or services described 
in clause (i)(II) contributed importantly to such workers' separation or threat of 
separation. 
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a 
cause that is important but not necessarily more important than any other cause." 

According to 20 C.F.R. 618.225(b)(2)(iii), "(A) Analysis of impact of shift activity on 
worker separations must generally consist of determining: (1) Whether there are one or more events 
or factors that sever or lessen the causal nexus between the shift activity and worker separations 
or threat of separation; (2) What percentage of the workers' firm sales or production declines was 
attributable to the firm's shift activity; (3) Whether operations at the workers' firm domestic facility 
or facilities decreased at the same or at a greater rate than operations at the foreign facility or 
facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact 
of shift activity on the workers' firm. (B) The impact may be determined using a quantitative or 
qualitative analysis." 

The Department determines that the contributed importantly criterion has been met. 
Conclusion 

After careful review of the facts obtained in the investigation, I determine that workers 
of NETZSCH Premier Technologies, LLC, Exton, Pennsylvania, who are engaged in activities 
related to the production of grinding and dispersing machines and spare parts 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 NETZSCH Premier Technologies, LLC, Exton, Pennsylvania, who became 
totally or partially separated from employment on or after June 30, 2020 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 August, 2021. 

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


      

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