Petitioner Type: State
Impact Date: 01/20/2004
Filed Date: 02/02/2005
Most Recent Update: 03/04/2005
Determination Date: 03/04/2005
Expiration Date: 03/04/2007
Employment and Training Administration
TA-W-56,467
KIMBERLY CLARK CORPORATION
FEMININE CARE DIVISION
CONWAY, ARKANSAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative determination regarding eligibility To Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), the Department of Labor herein presents the results of
its investigation regarding certification of eligibility to apply
for worker adjustment assistance.
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. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated on February 2, 2005, in
response to a petition filed by the Arkansas Workforce Investment
Board on behalf of workers of Kimberly Clark Corporation,
Feminine Care Division, Conway, Arkansas. The workers at the
subject firm produced feminine hygiene and adult incontinence
products.
The preponderance in the declines in employment at the
subject plant is related to a shift in plant production of
feminine hygiene and adult incontinence products to country
(Canada) that is a party to free trade agreement with the United
States.
In accordance with Section 246 of 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 tha 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).
The Department has determined that criterion 2 has not been
met.
The investigation revealed that the skills of the worker
group are easily transferable to other positions in the local
commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Canada of articles that
are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is likely to
be an increase in imports of like or directly competitive
articles. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Kimberly Clark Corporation, Feminine Care
Division, Conway, Arkansas, who became totally or partially
separated from employment on or after January 20, 2004,
through two years from the date of certification are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974."
and
"I further determine that all workers of Kimberly Clark
Corporation, Feminine Care Division, Conway, Arkansas are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C., this 4th day of March 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance