80_FR_30366 80 FR 30265 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

80 FR 30265 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 101 (May 27, 2015)

Page Range30265-30266
FR Document2015-12766

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Electric Skin Care Devices, Brushes and Chargers Therefor, and Kits Containing Same, DN 3067; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR Sec. 210.8(b)).

Federal Register, Volume 80 Issue 101 (Wednesday, May 27, 2015)
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30265-30266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12766]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Electric Skin Care 
Devices, Brushes and Chargers Therefor, and Kits Containing Same, DN 
3067; the Commission is soliciting comments on any public interest 
issues raised by the complaint or complainant's filing under section 
210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 
Sec.  210.8(b)).

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission,

[[Page 30266]]

500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The 
public version of the complaint can be accessed on the Commission's 
Electronic Document Information System (EDIS) at EDIS,\1\ and will be 
available for inspection during official business hours (8:45 a.m. to 
5:15 p.m.) in the Office of the Secretary, U.S. International Trade 
Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 
205-2000.
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    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC.\2\ The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at EDIS,\3\ Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810.
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    \2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received an amended 
complaint and a submission pursuant to section 210.8(b) of the 
Commission's Rules of Practice and Procedure filed on behalf of Pacific 
Bioscience Laboratories, Inc. on May 20, 2015. The amended complaint 
alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 
1337) in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain electric skin care devices, brushes and chargers therefor, and 
kits containing same. The amended complaint names as respondents Our 
Family Jewels, Inc. d/b/a Epip[uuml]r Skincare of Parker, CO; Accord 
Media, LLC d/b/a Truth in Aging of New York, NY; Xnovi Electronic Co., 
Ltd. of China; Michael Todd True Organics LP of Port St. Lucie, FL; 
MTTO LLC of Port St. Lucie, FL; Shanghai Anzikang Electric Co., Ltd. of 
China; Nutra-Luxe M.D., LLC of Fort Myers, FL; Beauty Tech, Inc. of 
Coral Gables, FL; Anex Corporation of Korea; RN Ventures Ltd. of United 
Kingdom; Korean Beauty Co., Ltd. of Korea; H2Pro Beautylife, Inc. of 
Placentia, CA; Serious Skin Care, Inc. of Carson City, NV; Home 
Skinovations Inc. of Canada; Home Skinovations Ltd. of Israel; Wenzhou 
AI ER Electrical Technology Co., Ltd d/b/a Cnaier of China; Coreana 
Cosmetics Co., Ltd. of Korea; Flageoli Classic Limited of Las Vegas, 
NV; Jewlzie of New York, NY; Unicos USA, Inc. of La Habra, CA; and 
Skincarebyalana of Dana Point, CA. The complainant requests that the 
Commission issue a permanent general exclusion order, cease and desist 
orders, and a bond upon respondents' alleged infringing articles during 
the 60-day Presidential review period pursuant to 19 U.S.C. Sec.  
1337(j).
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or section 210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3067'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures \4\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment. All such requests 
should be directed to the Secretary to the Commission and must include 
a full statement of the reasons why the Commission should grant such 
treatment. See 19 CFR 201.6. Documents for which confidential treatment 
by the Commission is properly sought will be treated accordingly. All 
nonconfidential written submissions will be available for public 
inspection at the Office of the Secretary and on EDIS.\5\
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    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.8(c) of the Commission's Rules of Practice and Procedure (19 
CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: May 21, 2015.
 Lisa R. Barton,
 Secretary to the Commission.
[FR Doc. 2015-12766 Filed 5-26-15; 8:45 am]
 BILLING CODE 7020-02-P



                                                                              Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices                                                   30265

                                                     To minimize take of San Diego fairy                  San Diego fairy shrimp. If we approve                 an intra-Service consultation. We will
                                                  shrimp by the Main 16, LP. Ramona                       the permit, take of San Diego fairy                   use the results of this consultation, in
                                                  commercial development project and                      shrimp would be authorized for the                    combination with the above findings, in
                                                  offset impacts to its habitat, the                      applicant’s activities associated with the            our final analysis to determine whether
                                                  applicant proposes to mitigate for                      construction of the Main 16, LP.                      or not to issue a permit. If the
                                                  permanent impacts to approximately                      Ramona commercial development                         requirements and issuance criteria
                                                  0.01 ac of occupied San Diego fairy                     project. In the proposed HCP, the                     under section 10(a) are met, we will
                                                  shrimp habitat through the purchase of                  applicant considers alternatives to the               issue the permit to the applicant for
                                                  two vernal pool/basin with San Diego                    taking of San Diego fairy shrimp under                incidental take of San Diego fairy
                                                  fairy shrimp conservation credits at the                the proposed action. Because of the                   shrimp.
                                                  Bank. The applicant’s proposed HCP                      small size of the site and the need to
                                                                                                                                                                Public Comments
                                                  also contains the following proposed                    avoid both the basins and watershed of
                                                  measures to minimize the effects of                     the basins, an alternative site plan that               If you wish to comment on the permit
                                                  development activities on the San Diego                 would have maintained some of the                     application, proposed HCP, and
                                                  fairy shrimp:                                           ponded basins on site (i.e., a reduced                associated documents, you may submit
                                                     • Grading limits will be delineated                  footprint alternative) was not feasible.              comments by any of the methods noted
                                                  with construction fencing and silt                      The Applicant also considered the No                  in the ADDRESSES section.
                                                  fencing to ensure that impact limits do                 Action Alternative. Under the No                      Public Availability of Comments
                                                  not extend beyond the allowed limits of                 Action Alternative, no San Diego fairy
                                                  development.                                            shrimp habitat would be impacted or                     Before including your address, phone
                                                     • A biologist will monitor grading of                conserved.                                            number, email address, or other
                                                  the site daily (or as determined                                                                              personal identifying information in your
                                                  necessary by the monitoring biologist)                  Our Preliminary Determination                         comment, you should be aware that
                                                  and provide a letter summarizing                          The Service has made a preliminary                  your entire comment—including your
                                                  compliance with the construction limits                 determination that approval of the                    personal identifying information—may
                                                  of the proposed project to the Service                  proposed HCP qualifies as a categorical               be made publicly available at any time.
                                                  within 1 month of completion of project                 exclusion under NEPA, as provided by                  While you may ask us in your comment
                                                  grading.                                                the Department of the Interior Manual                 to withhold your personal identifying
                                                     • The project construction contractor                (516 DM 2 Appendix 1 and 516 DM 6                     information from public review, we
                                                  will conduct grading outside the rainy                  Appendix 1) and as a ‘‘low-effect’’ plan              cannot guarantee that we will be able to
                                                  season (October 1 through March 31). If                 as defined by the Habitat Conservation                do so.
                                                  grading is to be done after October 1 and               Planning Handbook (November 1996).                    Authority
                                                  ponding of the basins has not occurred,                   We base our determination that a HCP
                                                  the applicant will submit a proposed                    qualifies as a low-effect plan on the                   We provide this notice under section
                                                  grading strategy for review and approval                following three criteria:                             10 of the Act (16 U.S.C. 1531 et seq.)
                                                  by the Service that will ensure that                      (1) Implementation of the HCP would                 and NEPA regulations (40 CFR 1506.6).
                                                  indirect impacts are avoided to the                     result in minor or negligible effects on              G. Mendel Stewart,
                                                  existing basins located immediately                     federally listed, proposed, and                       Field Supervisor, Carlsbad Fish and Wildlife
                                                  adjacent to the project site. No grading                candidate species and their habitats,                 Office, Carlsbad, California.
                                                  will occur during this timeframe                        including designated critical habitat;                [FR Doc. 2015–12720 Filed 5–26–15; 8:45 am]
                                                  without written concurrence from the                      (2) Implementation of the HCP would
                                                                                                                                                                BILLING CODE 4310–55–P
                                                  Service.                                                result in minor or negligible effects on
                                                     • Avoidance of long-term indirect                    other environmental values or
                                                  impacts to fairy shrimp-occupied basins                 resources; and
                                                  immediately adjacent to the site will be                  (3) Impacts of the HCP, considered                  INTERNATIONAL TRADE
                                                  achieved by ensuring that flows from                    together with the impacts of other past,              COMMISSION
                                                  the project site are directed away from                 present, and reasonably foreseeable
                                                                                                                                                                Notice of Receipt of Complaint;
                                                  basins immediately off site to the west                 similarly situated projects, would not
                                                                                                                                                                Solicitation of Comments Relating to
                                                  and have been adequately treated                        result, over time, in cumulative effects
                                                                                                                                                                the Public Interest
                                                  through the use of best management                      to environmental values or resources
                                                  practices (BMPs) during construction                    that would be considered significant.                 AGENCY: U.S. International Trade
                                                  and throughout the life of the project.                 Based upon this preliminary                           Commission.
                                                  These BMPs include treating all flows                   determination, we do not intend to                    ACTION: Notice.
                                                  on site through the use of a retention/                 prepare further NEPA documentation.
                                                  infiltration basin prior to outletting into             We will consider public comments in                   SUMMARY:   Notice is hereby given that
                                                  the storm drain system.                                 making the final determination on                     the U.S. International Trade
                                                     The above described impacts and                      whether to prepare such additional                    Commission has received a complaint
                                                  mitigation will occur within designated                 documentation.                                        entitled Certain Electric Skin Care
                                                  critical habitat for the San Diego fairy                                                                      Devices, Brushes and Chargers Therefor,
                                                                                                          Next Steps                                            and Kits Containing Same, DN 3067; the
                                                  shrimp. No other listed species or
                                                  designated critical habitat occurs within                 We will evaluate the proposed HCP                   Commission is soliciting comments on
                                                                                                                                                                any public interest issues raised by the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  the project site.                                       and comments we receive to determine
                                                                                                          whether the permit application meets                  complaint or complainant’s filing under
                                                  Proposed Action and Alternatives                        the requirements and issuance criteria                section 210.8(b) of the Commission’s
                                                     The Proposed Action consists of the                  under section 10(a) of the Act (16 U.S.C.             Rules of Practice and Procedure (19 CFR
                                                  issuance of an incidental take permit                   1531 et seq.). We will also evaluate                  § 210.8(b)).
                                                  and implementation of the proposed                      whether issuance of a section 10(a)(1)(B)             FOR FURTHER INFORMATION CONTACT: Lisa
                                                  HCP, which includes measures to avoid,                  incidental take permit would comply                   R. Barton, Secretary to the Commission,
                                                  minimize, and mitigate impacts to the                   with section 7 of the Act by conducting               U.S. International Trade Commission,


                                             VerDate Sep<11>2014   16:45 May 26, 2015   Jkt 235001   PO 00000   Frm 00060   Fmt 4703   Sfmt 4703   E:\FR\FM\27MYN1.SGM   27MYN1


                                                  30266                       Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Notices

                                                  500 E Street SW., Washington, DC                        Jewlzie of New York, NY; Unicos USA,                  210.4(f) of the Commission’s Rules of
                                                  20436, telephone (202) 205–2000. The                    Inc. of La Habra, CA; and                             Practice and Procedure (19 CFR
                                                  public version of the complaint can be                  Skincarebyalana of Dana Point, CA. The                210.4(f)). Submissions should refer to
                                                  accessed on the Commission’s                            complainant requests that the                         the docket number (‘‘Docket No. 3067’’)
                                                  Electronic Document Information                         Commission issue a permanent general                  in a prominent place on the cover page
                                                  System (EDIS) at EDIS,1 and will be                     exclusion order, cease and desist orders,             and/or the first page. (See Handbook for
                                                  available for inspection during official                and a bond upon respondents’ alleged                  Electronic Filing Procedures, Electronic
                                                  business hours (8:45 a.m. to 5:15 p.m.)                 infringing articles during the 60-day                 Filing Procedures 4). Persons with
                                                  in the Office of the Secretary, U.S.                    Presidential review period pursuant to                questions regarding filing should
                                                  International Trade Commission, 500 E                   19 U.S.C. § 1337(j).                                  contact the Secretary (202–205–2000).
                                                  Street SW., Washington, DC 20436,                          Proposed respondents, other                           Any person desiring to submit a
                                                  telephone (202) 205–2000.                               interested parties, and members of the                document to the Commission in
                                                     General information concerning the                   public are invited to file comments, not              confidence must request confidential
                                                  Commission may also be obtained by                      to exceed five (5) pages in length,                   treatment. All such requests should be
                                                  accessing its Internet server at United                 inclusive of attachments, on any public               directed to the Secretary to the
                                                  States International Trade Commission                   interest issues raised by the complaint               Commission and must include a full
                                                  (USITC) at USITC.2 The public record                    or section 210.8(b) filing. Comments                  statement of the reasons why the
                                                  for this investigation may be viewed on                 should address whether issuance of the                Commission should grant such
                                                  the Commission’s Electronic Document                    relief specifically requested by the                  treatment. See 19 CFR 201.6. Documents
                                                  Information System (EDIS) at EDIS,3                     complainant in this investigation would               for which confidential treatment by the
                                                  Hearing-impaired persons are advised                    affect the public health and welfare in               Commission is properly sought will be
                                                  that information on this matter can be                  the United States, competitive                        treated accordingly. All nonconfidential
                                                  obtained by contacting the                              conditions in the United States                       written submissions will be available for
                                                  Commission’s TDD terminal on (202)                      economy, the production of like or                    public inspection at the Office of the
                                                  205–1810.                                               directly competitive articles in the                  Secretary and on EDIS.5
                                                  SUPPLEMENTARY INFORMATION: The                          United States, or United States                          This action is taken under the
                                                  Commission has received an amended                      consumers.                                            authority of section 337 of the Tariff Act
                                                  complaint and a submission pursuant to                     In particular, the Commission is                   of 1930, as amended (19 U.S.C. 1337),
                                                  section 210.8(b) of the Commission’s                    interested in comments that:                          and of sections 201.10 and 210.8(c) of
                                                  Rules of Practice and Procedure filed on                   (i) Explain how the articles                       the Commission’s Rules of Practice and
                                                  behalf of Pacific Bioscience                            potentially subject to the requested                  Procedure (19 CFR 201.10, 210.8(c)).
                                                  Laboratories, Inc. on May 20, 2015. The                 remedial orders are used in the United
                                                                                                                                                                  By order of the Commission.
                                                  amended complaint alleges violations of                 States;
                                                                                                             (ii) identify any public health, safety,             Issued: May 21, 2015.
                                                  section 337 of the Tariff Act of 1930 (19                                                                     Lisa R. Barton,
                                                                                                          or welfare concerns in the United States
                                                  U.S.C. 1337) in the importation into the                                                                      Secretary to the Commission.
                                                                                                          relating to the requested remedial
                                                  United States, the sale for importation,
                                                                                                          orders;                                               [FR Doc. 2015–12766 Filed 5–26–15; 8:45 am]
                                                  and the sale within the United States
                                                                                                             (iii) identify like or directly                    BILLING CODE 7020–02–P
                                                  after importation of certain electric skin
                                                                                                          competitive articles that complainant,
                                                  care devices, brushes and chargers
                                                                                                          its licensees, or third parties make in the
                                                  therefor, and kits containing same. The                                                                       INTERNATIONAL TRADE
                                                                                                          United States which could replace the
                                                  amended complaint names as                                                                                    COMMISSION
                                                                                                          subject articles if they were to be
                                                  respondents Our Family Jewels, Inc.
                                                                                                          excluded;                                             [Investigation No. 337–TA–923]
                                                  d/b/a Epipür Skincare of Parker, CO;                      (iv) indicate whether complainant,
                                                  Accord Media, LLC d/b/a Truth in                        complainant’s licensees, and/or third
                                                  Aging of New York, NY; Xnovi                                                                                  Certain Loom Kits for Creating Linked
                                                                                                          party suppliers have the capacity to                  Articles
                                                  Electronic Co., Ltd. of China; Michael                  replace the volume of articles
                                                  Todd True Organics LP of Port St. Lucie,                potentially subject to the requested                  AGENCY: U.S. International Trade
                                                  FL; MTTO LLC of Port St. Lucie, FL;                     exclusion order and/or a cease and                    Commission.
                                                  Shanghai Anzikang Electric Co., Ltd. of                 desist order within a commercially                    ACTION: Notice.
                                                  China; Nutra-Luxe M.D., LLC of Fort                     reasonable time; and
                                                  Myers, FL; Beauty Tech, Inc. of Coral                      (v) explain how the requested                      SUMMARY:    Notice is hereby given that
                                                  Gables, FL; Anex Corporation of Korea;                  remedial orders would impact United                   the U.S. International Trade
                                                  RN Ventures Ltd. of United Kingdom;                     States consumers.                                     Commission has determined to amend
                                                  Korean Beauty Co., Ltd. of Korea; H2Pro                    Written submissions must be filed no               the notice of investigation to reflect a
                                                  Beautylife, Inc. of Placentia, CA; Serious              later than by close of business, eight                change in corporate form by the
                                                  Skin Care, Inc. of Carson City, NV;                     calendar days after the date of                       complainant, to terminate the
                                                  Home Skinovations Inc. of Canada;                       publication of this notice in the Federal             investigation with respect to claims 2
                                                  Home Skinovations Ltd. of Israel;                       Register. There will be further                       and 3 of U.S. Patent No. 8,485,565 (‘‘the
                                                  Wenzhou AI ER Electrical Technology                     opportunities for comment on the                      ’565 patent’’), and to enter a general
                                                  Co., Ltd d/b/a Cnaier of China; Coreana                 public interest after the issuance of any             exclusion order barring entry of loom
                                                  Cosmetics Co., Ltd. of Korea; Flageoli                                                                        kits that infringe claim 4 of the ’565
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          final initial determination in this
                                                  Classic Limited of Las Vegas, NV;                       investigation.                                        patent. The Commission’s
                                                                                                             Persons filing written submissions                 determination is final and the
                                                    1 Electronic Document Information System
                                                                                                          must file the original document
                                                  (EDIS): http://edis.usitc.gov.                                                                                  4 Handbook for Electronic Filing Procedures:
                                                    2 United States International Trade Commission
                                                                                                          electronically on or before the deadlines
                                                                                                                                                                http://www.usitc.gov/secretary/fed_reg_notices/
                                                  (USITC): http://edis.usitc.gov.                         stated above and submit 8 true paper                  rules/handbook_on_electronic_filing.pdf.
                                                    3 Electronic Document Information System              copies to the Office of the Secretary by                5 Electronic Document Information System

                                                  (EDIS): http://edis.usitc.gov.                          noon the next day pursuant to section                 (EDIS): http://edis.usitc.gov.



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Document Created: 2015-12-15 15:36:20
Document Modified: 2015-12-15 15:36:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.
FR Citation80 FR 30265 

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