Denied
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TAW-61627  /  Kimberly Clark Corporation (Corinth, MS)

Petitioner Type: Workers
Impact Date:
Filed Date: 06/06/2007
Most Recent Update: 07/09/2007
Determination Date: 07/09/2007
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,627

KIMBERLY-CLARK CORPORATION
INCLUDING ON-SITE LEASED WORKERS
FROM WAREHOUSE SPECIALISTS, INC.
CORINTH, MISSISSIPPI

Negative Determination 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 June 6, 2007 in response
to a petition filed on behalf of workers at Kimberly-Clark
Corporation, Corinth, Mississippi. The workers are engaged in
employment related to the production of nonwoven fabrics.
The investigation revealed that criteria (I.C), (I.C) and
(II.B) have not been met.
The investigation revealed that production increased during
2006 period compared to the 2005 period and also increased from
January through May 2007 over the corresponding 2006 period.
The investigation also revealed that the subject plant
produced nonwoven fabrics for internal Kimberly-Clark Corporation
consumption.
The investigation further revealed that the subject firm did
not shift production to a foreign country during the relevant
period. The company did not import products like or directly
competitive with the nonwoven fabric produced by the Corinth
plant during the period under investigation.
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 assis-
tance (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, I determine that all workers of
Kimberly-Clark Corporation, Corinth, Mississippi including on-
site lease workers of Warehouse Specialists, Inc. 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 9th day of July 2007.


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