DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,494

KIMBERLY-CLARK CORPORATION
BALLARD MEDICAL PRODUCTS DIVISION
DRAPER, UTAH

Certification 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.
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 4, 2005 in
response to a petition filed by a state workforce agent on behalf
of workers at Kimberly-Clarke Corporation, Ballard Medical Products
Division, Draper, Utah. The workers at the subject firm produce
components for tracheotomy tubes and quality control related so
same; they are not separately identifiable by specific product
line.
The investigation revealed that workers at the subject firm
are engaged in an integrated production process the end products of
which are tracheotomy tubes. These tracheotomy tubes are produced
by affiliated firms whose workers are currently under certification
for adjustment assistance based on a transfer of production to
Mexico, a country that is party to a free trade agreement with the
United States. The declines in employment at the subject facility
are related to this shift in production.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable to positions
with similar pay and benefits. Furthermore, competitive
conditions within the industry are adverse.
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 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, Ballard Medical
Products Division, Draper, Utah who became totally or
partially separated from employment on or after February 3,
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 are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C., this 10th day of March, 2005

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