[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Notices]
[Pages 36732-36733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12910]


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DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Negative Determination on Reconsideration

    TA-W-60,835, Kimberly 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.
    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

[[Page 36733]]

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, DC, this 27th day of June 2007.
Elliott S. Kushner;
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E7-12910 Filed 7-3-07; 8:45 am]
BILLING CODE 4510-FN-P