Petitioner Type: Company
Impact Date: 01/18/2005
Filed Date: 01/19/2006
Most Recent Update: 01/27/2006
Determination Date: 01/27/2006
Expiration Date: 01/27/2008
Employment and Training Administration
TA-W-58,667
KIMBERLY CLARK CORPORATION
NEENAH SOUTH PLANT
NEENAH, WISCONSIN
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 January 19, 2006, in
response to a petition filed by a company official on behalf of
workers of Kimberly Clark Corporation, Neenah South Plant, Neenah,
Wisconsin. The workers produce garment incontinence products.
The investigation revealed that the preponderance in the
declines in employment at Kimberly Clark Corporation, Neenah South
Plant, Neenah, Wisconsin is related to a shift in production of
garment incontinence products to Columbia, a country that is a
beneficiary country under the Andean Trade Preference Act, and in
the process of shifting production to a country (Mexico) that is a
party to a free trade agreement with the United States.
In addition, 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.
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. 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 Columbia and Mexico of articles
that are like or directly competitive with the garment incontinence
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 Corporation, Neenah South
Plant, Neenah, Wisconsin who became totally or partially
separated from employment on or after January 18, 2005 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 27th day of January 2006
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance