Petitioner Type: Union
Impact Date:
Filed Date: 02/26/2004
Most Recent Update: 03/26/2004
Determination Date: 03/26/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,361
KIMBERLY CLARK CORPORATION
KIMTECH PLANT
NEENAH, WISCONSIN
Notice of Negative Determination
on Reconsideration
On May 25, 2004, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on June 8, 2004 (69 FR 32047).
The petition for the workers of Kimberly Clark Corporation,
Kimtech Plant, Neenah, Wisconsin engaged in the production of
paper industry machinery and equipment was denied because the
“contributed importantly” group eligibility requirement of
Section 222 of the Trade Act of 1974, as amended, was not met.
The subject firm did not increase its reliance on imports of
paper industry machinery and equipment during the relevant
period, nor did it shift production to a foreign source.
In the request for reconsideration, the petitioner alleges
that the layoffs at the subject firm are attributable to a shift
in production to Mexico.
A company official was contacted regarding the above
allegations. The company official stated that layoffs at the
Kimtech Plant were attributed to a reduction in capital
expenditures by Kimberly-Clark. The official also stated that no
production has been shifted from the subject firm to Mexico and
currently, there are no such plans.
Should the shift to Mexico occur, the petitioners are
encouraged to file a new petition on behalf of workers at the
Kimberly Clark Corporation, Kimtech Plant, Neenah, Wisconsin,
thereby creating a relevant period of investigation that would
include changing conditions.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 18th day of June, 2004.
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Assistance
Employment and Training Administration
TA-W-54,361
KIMBERLY CLARK CORPORATION
KIMTECH PLANT
NEENAH, WISCONSIN
Notice of Negative Determination
on Reconsideration
On May 25, 2004, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on June 8, 2004 (69 FR 32047).
The petition for the workers of Kimberly Clark Corporation,
Kimtech Plant, Neenah, Wisconsin engaged in the production of
paper industry machinery and equipment was denied because the
“contributed importantly” group eligibility requirement of
Section 222 of the Trade Act of 1974, as amended, was not met.
The subject firm did not increase its reliance on imports of
paper industry machinery and equipment during the relevant
period, nor did it shift production to a foreign source.
In the request for reconsideration, the petitioner alleges
that the layoffs at the subject firm are attributable to a shift
in production to Mexico.
A company official was contacted regarding the above
allegations. The company official stated that layoffs at the
Kimtech Plant were attributed to a reduction in capital
expenditures by Kimberly-Clark. The official also stated that no
production has been shifted from the subject firm to Mexico and
currently, there are no such plans.
Should the shift to Mexico occur, the petitioners are
encouraged to file a new petition on behalf of workers at the
Kimberly Clark Corporation, Kimtech Plant, Neenah, Wisconsin,
thereby creating a relevant period of investigation that would
include changing conditions.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 18th day of June, 2004.
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Assistance