DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,213
KIMBERLY-CLARK CORPORATION
TRACH CARE PRODUCT LINE
INCLUDING LEASED WORKERS OF SOS TEMPORARY SERVICES
DRAPER, UTAH

TA-W-55,213A
KIMBERLY-CLARK CORPORATION
MULTI VAC PRODUCT LINE
INCLUDING LEASED WORKERS OF SOS TEMPORARY SERVICES
DRAPER, UTAH

TA-W-55,213B
KIMBERLY-CLARK CORPORATION
PEPCO PRODUCT LINE
INCLUDING LEASED WORKERS OF SOS TEMPORARY SERVICES
DRAPER, UTAH

TA-W-55,213C
KIMBERLY-CLARK CORPORATION
CLEANING BRUSHES PRODUCT LINE
INCLUDING LEASED WORKERS OF SOS TEMPORARY SERVICES
POCATELLO, IDAHO

TA-W-55,213D
KIMBERLY-CLARK CORPORATION
EXTENSION SETS PRODUCT LINE
INCLUDING LEASED WORKERS OF SOS TEMPORARY SERVICES
POCATELLO, IDAHO

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 (19 USC 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 directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in either
of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. 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;
B. the sales or production, or both, of such firm or subdivision
have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or threat
of separation and to the decline in sales or production of
such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. 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;
B. 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
C. One of the following must be satisfied:
1. 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;
2. 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
3. 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.

The investigation was initiated on July 9, 2004 in response to a
petition filed by a company official on behalf of workers of Kimberly-
Clark Corporation, Trach Care Product Line (TA-W-55,213), Multi Vac
Product Line (TA-W-55,213A) and Pepco Product Line (TA-W-55,213B),
Draper Utah; and Kimberly-Clark Corporation, Cleaning Brushes Product
Line, (TA-W-55,213C) and Extension Sets Product Line (TA-W-55,213D),
Pocatello, Idaho. The workers are engaged in the production of the
following items: tracheotomy tubes (TA-W-55,213), packaging of the
tracheotomy tubes (TA-W-55,213A), dental care products (TA-W-55,213B),
cleaning brushes (TA-W-55,213C), and extension sets (cardio pads,
feeding tubes, and biopsy forceps) (TA-W-55,213D). Leased workers
from SOS Staffing Services, Draper, Utah, and Pocatello, Idaho, were
engaged in production on the above product lines.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment Assistance,
the group eligibility requirements in either paragraph (a)(2)(A) or
(a)(2)(B) of Section 222 of the Trade Act must be met.
With regard to workers at of Kimberly-Clark Corporation, Trach
Care Product Line and Multi Vac Product Line, Draper, Utah, and
Kimberly-Clark Corporation, Cleaning Brushes Product Line and
Extension Sets Product Line, Pocatello, Idaho, it is determined that
the requirements of (a)(2)(B) of Section 222 have been met.
The investigation revealed that declines in employment at the
subject facilities have occurred, and the subject facilities have
undertaken a shift in production to a country (Mexico) that is a party
to a free trade agreement with the United States.
With regard to workers at Kimberly-Clark Corporation, Pepco
Product Line, Draper, Utah, it is determined criteria (a)(2)(A)(I.C)
and (a)(2)(B)(II.C) were not met.
The investigation revealed that Kimberly-Clark Corporation did
not import dental care products, nor did it shift production abroad in
2002, 2003 or January through June 2004. Sales and production of
dental care products at the Draper facility did not decline in January
through May 2004.
In addition, in accordance with Section 246 the Trade Act of 1974
(26 USC 2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility to
apply for alternative trade adjustment assistance (ATAA) for older
workers.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

With respect to workers at workers of Kimberly-Clark Corporation,
Trach Care Product Line and Multi Vac Product Line, Draper, Utah; and
Kimberly-Clark Corporation, Cleaning Brushes Product Line and
Extension Sets Product Line, Pocatello, Idaho, the investigation
revealed that the workers at the above facilities possess skills that
are easily transferable.
Furthermore, in order for the Department to issue a certification
of eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers of Kimberly-Clark Corporation, Pepco Product Line, Draper,
Utah 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
conclude that there was a shift in production from the workers' firm or
subdivision to Mexico of articles that are like or directly competitive
with those produced by the subject firm or subdivision. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Kimberly-Clark Corporation, Trach Care Product
Line (TA-W-55,213) and Multi Vac Product Line (TA-W-55,213A)
Draper, Utah; and Kimberly-Clark Corporation, Cleaning Brushes
Product Line (TA-W-55,213C) and Extension Sets Product Line (TA-W-
55,213D), Pocatello, Idaho, including workers of SOS Temporary
Services employed at these sites, who became totally or partially
separated from employment on or after June 29, 2003 through two
years from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974."


I further determine that all the workers mentioned above are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
I further determine that all workers of Kimberly-Clark
Corporation, Pepco Product Line (TA-W-55,213B) Draper, Utah 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 28th day of July 2004.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance