DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,281

KIMBERLY CLARK TECHNICAL PAPERS
EAST RYEGATE, VERMONT

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eli-
gibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or sub-
division have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or ap-
propriate subdivision have contributed importantly to the
separations, or threat thereof, and to the absolute
decline in sales or production.

The investigation was initiated in response to a petition
received on April 8, 2002, and filed by PACE Local 1-0499, on
behalf of workers at Kimberly Clark Technical Papers, East Ryegate,
Vermont. The workers produced technical papers (e.g., papers for
envelopes, dynamite, photo albums, and latex saturated papers).
The investigation revealed that criterion (3) has not been
met.
The subject firm does not import technical papers.
The Department of Labor conducted a survey of major customers
of the subject firm. The survey revealed that none of those
customers imports technical papers.
The petitioner stated in his petition: "We are affected by the
cost increase of raw materials coming in. This controlled the cost
of manufacturing which led to our demise." A certification could
be issued in this case only on the basis of increased imports of
technical papers, not on the basis of the increase in the cost of
imported raw materials used to produce technical papers.
Conclusion
After careful review, I determine that all workers of Kimberly
Clark Technical Papers, East Ryegate, Vermont, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.

Signed in Washington, D. C. this 12th day of August 2002.

/s/ Edward A. Tomchick

_____________________________
EDWARD A. TOMCHICK
Director, Division of Trade
Adjustment Assistance