DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,835
KINBERLY CLARK CORPORATION
KIMBERLY CLARK WORLD-WIDE
NEENAH, WISCONSIN

TA-W-60,835A
KIMBERLY CLARK GLOBAL SALES
ROSWELL, GEORGIA

TA-W-60,835B
KIMBERLY CLARK WORLD-WIDE
ROSWELL, GEORGIA

TA-W-60,835C
KIMBERLY CLARK GLOBAL SALES
KNOXVILLE, TENNESSEE

TA-W-60,835D
KIMBERLY CLARK WORLD-WIDE
KNOXVILLE, TENNESSEE

TA-W-60,835E
KIMBERLY CLARK GLOBAL SALES
IRVING, TEXAS

Notice of Negative Determination
on Reconsideration

On May 29, 2007, the Department of Labor (Department)
issued an Affirmative Determination Regarding Application for
Reconsideration for workers and former workers of several
Kimberly Clark Corporation (the subject firm) locations:
Kimberly Clark World-Wide, Neenah, Wisconsin (TA-W-60,835);
Kimberly Clark Global Sales, Roswell, Georgia (TA-W-60,835A);
Kimberly Clark World-Wide, Roswell, Georgia (TA-W-60,835B);
Kimberly Clark Global Sales, Knoxville, Tennessee (TA-W-60,835C);
Kimberly Clark World-Wide, Knoxville, Tennessee (TA-W-60,835D);
and Kimberly Clark Global Sales, Irving, Texas (TA-W-60,835E).
The Department’s Notice of Affirmative Determination was
published in the Federal Register on June 7, 2007 (72 FR 31612).
Workers provided administrative support to various affiliated
subject firm facilities.
The negative determination regarding the subject workers’
eligibility to apply for Trade Adjustment Assistance (TAA) and
Alternative Trade Adjustment Assistance (ATAA) stated that the
worker separations are not caused by imports but by the subject
firm’s decision to outsource administrative support positions,
and that the separations cannot be directly attributed to imports
or a shift in production of an article. The determination also
states that workers at Kimberly Clark Corporation, Kimberly-Clark
Global Sales, Neenah, Wisconsin are eligible to apply for TAA and
ATAA under TA-W-60,017 (expires September 26, 2008).
In the request for reconsideration, counsel for the subject
firm alleged that the petitioning worker groups either had a
direct link to or directly supported production at affiliated
certified production facilities. The request also states that
the separated workers are members of several groups within
Kimberly Clark -- Consumer Sales, Corporate Innovation, Finance
and Accounting, and Sourcing and Supply Management.
Subject firm counsel asserts that workers in the Consumer
Sales group are directly linked to TAA-certified production
facilities because they are engaged in the sale of the articles
produced at those facilities.
Subject firm counsel also asserts that workers in the
Corporate Innovations group directly support production at TAA-
certified subject firm facilities by responding to consumer
complaints and providing feedback to other groups who use the
feedback to improve the articles, and by engaging in the research
and development of articles produced at TAA-certified subject
firm facilities. Subject firm counsel notes in the request for
reconsideration that several workers in the Corporate Innovations
group are eligible to apply for TAA and ATAA under TA-W-60,017.
The request for reconsideration asserts that workers in the
Finance and Accounting group directly support production at the
subject firm’s facilities because they are engaged in accounting
and financing activities that ensure the continuous operation of
subject firm production facilities.
The request for reconsideration also asserts that workers in
the Sourcing and Supply Management group directly support
production at the subject firm’s facilities because they procure
materials, equipment, and services required for production at
these facilities, and because they are engaged in commodity
management related to articles produced by the subject firm.
The workers separated from the subject firm are categorized
as follows:
World-Wide, Neenah, Wisconsin (TA-W-60,835)
The one worker separated at this site is a member of the
Corporate Innovations group.
Global Sales, Roswell, Georgia (TA-W-60,835A)
One worker separated at this site is a member of the
Consumer Sales group and five workers separated at this site are
members of the Corporate Innovations group.
World-Wide, Roswell, Georgia (TA-W-60,835B)
The five workers separated at this site are members of the
Corporate Innovations group.
Global Sales, Knoxville, Tennessee (TA-W-60,835C)
One worker separated at this site is a member the Consumer
Sales group, forty-three workers separated at this site are
members of the Finance and Accounting group, and four workers
separated at this site are members of the Sourcing and Supply
Management group.
World-Wide, Knoxville, Tennessee (TA-W-60,835D)
The one worker separated at this site is a member of the
Corporate Innovations group.
Global Sales, Irving, Texas (TA-W-60,835E)
The five workers separated at this site are members of the
Consumer Sales group.
The request for reconsideration also stated that, contrary
to the Department’s initial findings, the separated workers’
positions were not outsourced but were eliminated as a result of
decreased subject firm production.
Although the Department contacted the subject firm during
the reconsideration investigation to request additional
information, no new information was provided.
The Department has carefully reviewed the available
material, and has determined that there is no evidence that the
Department failed to consider any relevant fact or that the
Department erred in its interpretation of the facts. As such,
the Department affirms the negative determination applicable to
subject firms workers at Kimberly Clark World-Wide, Neenah,
Wisconsin (TA-W-60,835); Kimberly Clark Global Sales, Roswell,
Georgia (TA-W-60,835A); Kimberly Clark World-Wide, Roswell,
Georgia (TA-W-60,835B); Kimberly Clark Global Sales, Knoxville,
Tennessee (TA-W-60,835C); Kimberly Clark World-Wide, Knoxville,
Tennessee (TA-W-60,835D); and Kimberly Clark Global Sales,
Irving, Texas (TA-W-60,835E).
In order for the Department to issue a certification of
eligibility to apply for ATAA, the subject worker group must be
certified eligible to apply for TAA. Since the subject workers
are denied eligibility to apply for TAA, the workers cannot be
certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice
of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Kimberly
Clark Corporation located at Kimberly Clark World-Wide, Neenah,
Wisconsin (TA-W-60,835); Kimberly Clark Global Sales, Roswell,
Georgia (TA-W-60,835A); Kimberly Clark World-Wide, Roswell,
Georgia (TA-W-60,835B); Kimberly Clark Global Sales, Knoxville,
Tennessee (TA-W-60,835C); Kimberly Clark World-Wide, Knoxville,
Tennessee (TA-W-60,835D); and Kimberly Clark Global Sales,
Irving, Texas (TA-W-60,835E).
Signed at Washington, D.C. this 27th day of June 2007


/s/ Elliott S. Kushner
___________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,835 through 60,835F

KIMBERLY CLARK CORPORATION

TA-W-60,835 KIMBERLY CLARK WORLD-WIDE, NEENAH, WISCONSIN
TA-W-60,835A KIMBERLY CLARK GLOBAL SALES, ROSWELL, GEORGIA
TA-W-60,835B KIMBERLY CLARK WORLD-WIDE, ROSWELL, GEORGIA
TA-W-60,835C KIMBERLY CLARK GLOBAL SALES, KNOXVILLE, TENNESSEE
TA-W-60,835D KIMBERLY CLARK WORLD-WIDE, KNOXVILLE, TENNESSEE
TA-W-60,835E KIMBERLY CLARK GLOBAL SALES, IRVING, TEXAS
TA-W-60,835F KIMBERLY CLARK WORLD-WIDE, IRVING, TEXAS

Negative 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 January 25, 2007, in
response to a petition filed by a company official on behalf of
workers of Kimberly Clark Global Sales and Kimberly-Clark World
Wide in Neenah, Wisconsin; Roswell, Georgia; Knoxville, Tennessee;
and Irving, Texas. The workers provide administrative support to a
wide variety of the subject firm’s many subsidiary facilities.
Workers at Kimberly-Clark Global Sales, Neenah, Wisconsin are
covered by a certification that is still active: (TA-W-60,017,
which was issued on September 26, 2006. Thus, this investigation
is confined to the other seven worker groups.
The investigation revealed that criteria I.C and II.B have not
been met.
Petitioners allege that job losses are caused by a reduced
demand for their services originating in two manufactories whose
workers have previously been certified for trade adjustment
assistance benefits (TA-W-59,844 and TA-W-58,667). Those two
producing worker groups are located at the Lakeview and Neenah
South Plants of Kimberly Clark Corporation, Neenah, Wisconsin. The
investigation revealed, however, that administrative work by the
seven worker groups is related to a multiplicity of operations
world-wide, and not in major part directed toward support of
production taking place at the certified production facilities.
The investigation further revealed that a preponderance of the
worker separations are the result of the company’s decision to
outsource positions outside of the firm. Data supplied as part of
this investigation demonstrate that the services formerly provided
by the petitioning workers are largely still required by the
subject firm. The worker separations are not caused by imports but
by the transference of the administrative support functions to
persons outside of the corporation. Thus, separations occurring
within these seven worker groups cannot be directly attributed to
imports or a shift in production of an article.
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.
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 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 determine that all workers of Kimberly-Clark
World Wide, Neenah, Wisconsin; Kimberly-Clark Global Sales,
Roswell, Georgia; Kimberly-Clark World Wide, Roswell, Georgia;
Kimberly-Clark Global Sales, Knoxville, Tennessee; Kimberly-Clark
World Wide, Knoxville, Tennessee; Kimberly-Clark Global Sales,
Irving, Texas; and Kimberly-Clark World Wide, Irving, Texas 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 30th day of March 2007


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







- 6 -