TAW-57329 / Kimberly-Clark/Avent, Inc. (North Richland Hills, TX)
Petitioner Type: Company
Impact Date: 04/01/2004
Filed Date: 06/08/2005
Most Recent Update: 07/01/2005
Determination Date: 07/01/2005
Expiration Date: 07/01/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,329
KIMBERLY-CLARK/AVENT, INC.
AVENT-FORT WORTH DIVISION
A SUBSIDIARY OF KIMBERLY-CLARK CORPORATION
INCLUDING LEASED ON-SITE WORKERS OF CORNERSTONE STAFFING
FORT WORTH, TEXAS
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 June 8, 2005, in
response to a petition filed by a company official on behalf of
workers of Kimberly-Clark/Avent, Inc., Avent-Fort Worth
Division, a subsidiary of Kimberly-Clark Corporation, Fort
Worth, Texas. The workers produce disposable medical products
such as face masks, ice packs, and surgical drapes.
The investigation revealed that the subject firm has on-
site leased workers from CornerStone Staffing.
The employment decline at the subject firm is related to a
shift in production of disposable medical products from the Fort
Worth, Texas plant to a country (Mexico) that is party to a free
trade agreement with the United States.
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.
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 workers at the firm are age 50 or over
and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
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 disposable medical
products 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/Avent, Inc., Avent-Fort
Worth Division, a subsidiary of Kimberly-Clark Corporation,
including leased on-site workers from CornerStone Staffing,
Fort Worth, Texas, who became totally or partially
separated from employment on or after April 1, 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 1st day of July, 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance