81_FR_1448 81 FR 1441 - Certain Rack Mountable Power Distribution Units; Institution of Investigation

81 FR 1441 - Certain Rack Mountable Power Distribution Units; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 7 (January 12, 2016)

Page Range1441-1442
FR Document2016-00314

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 8, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Server Technology, Inc. of Reno, Nevada. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain rack mountable power distribution units by reason of infringement of certain claims of U.S. Patent No. 7,162,521 (``the `521 patent''), U.S. Patent No. 7,400,493 (``the `493 patent''), U.S. Patent No. 7,414,329 (``the `329 patent''), U.S. Patent No. 7,447,002 (``the `002 patent''), U.S. Patent No. 7,567,430 (``the `430 patent''), U.S. Patent No. 7,706,134 (``the `134 patent''), U.S. Patent No. 8,541,906 (``the `906 patent''), U.S. Patent No. 8,541,907 (``the `907 patent''), U.S. Patent No. 8,601,291 (``the `291 patent''), and U.S. Patent No. 8,694,272 (``the `272 patent''), and that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 81 Issue 7 (Tuesday, January 12, 2016)
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1441-1442]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00314]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-980]


Certain Rack Mountable Power Distribution Units; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 8, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Server Technology, Inc. of Reno, Nevada. The complaint alleges 
violations of section 337 based upon the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain rack mountable power distribution units by 
reason of infringement of certain claims of U.S. Patent No. 7,162,521 
(``the `521 patent''), U.S. Patent No. 7,400,493 (``the `493 patent''), 
U.S. Patent No. 7,414,329 (``the `329 patent''), U.S. Patent No. 
7,447,002 (``the `002 patent''), U.S. Patent No. 7,567,430 (``the `430 
patent''), U.S. Patent No. 7,706,134 (``the `134 patent''), U.S. Patent 
No. 8,541,906 (``the `906 patent''), U.S. Patent No. 8,541,907 (``the 
`907 patent''), U.S. Patent No. 8,601,291 (``the `291 patent''), and 
U.S. Patent No. 8,694,272 (``the `272 patent''), and that an industry 
in the United States exists as required by subsection (a)(2) of section 
337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be 
obtained by accessing its internet server at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Secretary, Docket Services 
Division, U.S. International Trade Commission, telephone (202) 205-
1802.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2015).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 6, 2016, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain rack 
mountable power distribution units by reason of infringement of one or 
more of claims 1, 2, 5-8, 16, 17, 19-23, 31, and 32-33 of the `521 
patent; claims 1, 2-3, 5-6, 9-11, and 18-21 of the `493 patent; claims 
1, 2-5, 10, 11-14, 19, and 20-21 of the `329 patent; claims 1, 2-4, 7-
10, 12-14, 16, and 17 of the `002 patent; claims 1, 3-4, 6, 7, 10, 11, 
12, 14, 16, 19, 20, 21, 22, 25, 26, 27, 30, and 31 of the `430 patent; 
claims 1, 2-6, 8, 9, 10, 12, 13, 14-16, 19-21, and 22 of the `134 
patent; claims 1, 2-4, and 6-9 of the `906 patent; claims 1, 2, 4-8, 9, 
10, 12-16, 17, 18-22, 23, and 24-27 of the `907 patent; claims 1, 2-6, 
7, 8-9, 13, and 18 of the `291 patent; claims 1, 2-6, 10-11, and 19 of 
the `272 patent; and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which

[[Page 1442]]

this notice of investigation shall be served:
    (a) The complainants are:

Server Technology, Inc., 1040 Sandhill Road, Reno, NV 89521.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Raritan Americas, Inc., 400 Cottontail Lane, Somerset, NJ 08873.
Legrand North America, 60 Woodlawn Street, West Hartford, CT 06110.
Legrand SA, 128 Avenue du Mar[eacute]chal de Lattre, de Tassigny, 87045 
Limoges cedex, France.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.
    Issued: January 6, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-00314 Filed 1-11-16; 8:45 am]
BILLING CODE 7020-02-P



                                                                            Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices                                              1441

                                              ACTION:   Notice of public meeting.                     proposed Master Leasing Plan in                        to 5:15 p.m.) in the Office of the
                                                                                                      western La Plata and eastern                           Secretary, U.S. International Trade
                                              SUMMARY:   In accordance with the                       Montezuma counties. The meetings are                   Commission, 500 E Street SW., Room
                                              Federal Land Policy and Management                      open to the public. The public may                     112, Washington, DC 20436, telephone
                                              Act and the Federal Advisory                            present written comments to the sub-                   (202) 205–2000. Hearing impaired
                                              Committee Act of 1972, the U.S.                         group. The meetings will also have time,               individuals are advised that information
                                              Department of the Interior, Bureau of                   as identified above, allocated for hearing             on this matter can be obtained by
                                              Land Management (BLM) Southwest                         public comments. Depending on the                      contacting the Commission’s TDD
                                              Resource Advisory Council (RAC) Oil                     number of people wishing to comment                    terminal on (202) 205–1810. Persons
                                              and Gas Sub-Group is scheduled to meet                  and time available, the time for                       with mobility impairments who will
                                              as indicated below.                                     individual oral comments may be                        need special assistance in gaining access
                                              DATES: The Southwest RAC Oil and Gas                    limited.                                               to the Commission should contact the
                                              Sub-Group will hold meetings on                                                                                Office of the Secretary at (202) 205–
                                                                                                      Ruth Welch,
                                              February 11, 2016, in Durango and                                                                              2000. General information concerning
                                              Mancos, Colorado, as well as March 16,                  BLM Colorado State Director.
                                                                                                                                                             the Commission may also be obtained
                                              2016, in Cortez and Hesperus, Colorado.                 [FR Doc. 2016–00393 Filed 1–11–16; 8:45 am]
                                                                                                                                                             by accessing its internet server at http://
                                                                                                      BILLING CODE 4310–JB–P
                                              ADDRESSES: The February 11 Southwest                                                                           www.usitc.gov. The public record for
                                              RAC Oil and Gas Sub-Group meetings                                                                             this investigation may be viewed on the
                                              will be from 10 a.m. to approximately                                                                          Commission’s electronic docket (EDIS)
                                              12 p.m. at the La Plata County                          INTERNATIONAL TRADE                                    at http://edis.usitc.gov.
                                              Fairgrounds, 2500 Main Ave., Durango,                   COMMISSION
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: The
                                              Colorado; and from 6 p.m. to                            [Investigation No. 337–TA–980]                         Secretary, Docket Services Division,
                                              approximately 8 p.m. at the Mancos                                                                             U.S. International Trade Commission,
                                              School, 395 W. Grand Ave., Mancos,                      Certain Rack Mountable Power                           telephone (202) 205–1802.
                                              Colorado. The meetings have identical                   Distribution Units; Institution of                        Authority: The authority for
                                              agendas. There will be a public                         Investigation                                          institution of this investigation is
                                              comment period regarding matters on                                                                            contained in section 337 of the Tariff
                                                                                                      AGENCY: U.S. International Trade
                                              the agenda at 11:30 a.m. in Durango and                                                                        Act of 1930, as amended, and in section
                                                                                                      Commission.
                                              7:30 p.m. in Mancos.                                                                                           210.10 of the Commission’s Rules of
                                                The March 16 Southwest RAC Oil and                    ACTION: Notice.
                                                                                                                                                             Practice and Procedure, 19 CFR 210.10
                                              Gas sub-group meetings will be from 10                  SUMMARY:    Notice is hereby given that a              (2015).
                                              a.m. to approximately 12 p.m. at the                    complaint was filed with the U.S.                         Scope of Investigation: Having
                                              Montezuma County Annex, 107 N.                          International Trade Commission on                      considered the complaint, the U.S.
                                              Chestnut St., Cortez, Colorado; and from                December 8, 2015, under section 337 of                 International Trade Commission, on
                                              6 p.m. to approximately 8 p.m. at the                   the Tariff Act of 1930, as amended, 19                 January 6, 2016, ordered that—
                                              Fort Lewis Mesa Elementary School,                      U.S.C. 1337, on behalf of Server                          (1) Pursuant to subsection (b) of
                                              11274 Colorado Hwy. 140, Hesperus,                      Technology, Inc. of Reno, Nevada. The                  section 337 of the Tariff Act of 1930, as
                                              Colorado. These meetings also have                      complaint alleges violations of section                amended, an investigation be instituted
                                              identical agendas. There will be a public               337 based upon the importation into the                to determine whether there is a
                                              comment period regarding matters on                     United States, the sale for importation,               violation of subsection (a)(1)(B) of
                                              the agenda at 11:30 a.m. in Cortez and                  and the sale within the United States                  section 337 in the importation into the
                                              7:30 p.m. in Hesperus.                                  after importation of certain rack                      United States, the sale for importation,
                                              FOR FURTHER INFORMATION CONTACT:                        mountable power distribution units by                  or the sale within the United States after
                                              Barbara Sharrow, BLM Southwest                          reason of infringement of certain claims               importation of certain rack mountable
                                              Acting District Manager, 970–240–5300;                  of U.S. Patent No. 7,162,521 (‘‘the ‘521               power distribution units by reason of
                                              or Shannon Borders, Public Affairs                      patent’’), U.S. Patent No. 7,400,493 (‘‘the            infringement of one or more of claims 1,
                                              Specialist, 970–240–5300; 2505 S.                       ‘493 patent’’), U.S. Patent No. 7,414,329              2, 5–8, 16, 17, 19–23, 31, and 32–33 of
                                              Townsend Ave., Montrose, CO 81401.                      (‘‘the ‘329 patent’’), U.S. Patent No.                 the ‘521 patent; claims 1, 2–3, 5–6, 9–
                                              Persons who use a telecommunications                    7,447,002 (‘‘the ‘002 patent’’), U.S.                  11, and 18–21 of the ‘493 patent; claims
                                              device for the deaf (TDD) may call the                  Patent No. 7,567,430 (‘‘the ‘430 patent’’),            1, 2–5, 10, 11–14, 19, and 20–21 of the
                                              Federal Information Relay Service                       U.S. Patent No. 7,706,134 (‘‘the ‘134                  ‘329 patent; claims 1, 2–4, 7–10, 12–14,
                                              (FIRS) at 1–800–877–8339 to contact the                 patent’’), U.S. Patent No. 8,541,906 (‘‘the            16, and 17 of the ‘002 patent; claims 1,
                                              above individual during normal                          ‘906 patent’’), U.S. Patent No. 8,541,907              3–4, 6, 7, 10, 11, 12, 14, 16, 19, 20, 21,
                                              business hours. The FIRS is available 24                (‘‘the ‘907 patent’’), U.S. Patent No.                 22, 25, 26, 27, 30, and 31 of the ‘430
                                              hours a day, seven days a week, to leave                8,601,291 (‘‘the ‘291 patent’’), and U.S.              patent; claims 1, 2–6, 8, 9, 10, 12, 13,
                                              a message or question with the above                    Patent No. 8,694,272 (‘‘the ‘272 patent’’),            14–16, 19–21, and 22 of the ‘134 patent;
                                              individual. You will receive a reply                    and that an industry in the United                     claims 1, 2–4, and 6–9 of the ‘906
                                              during normal business hours.                           States exists as required by subsection                patent; claims 1, 2, 4–8, 9, 10, 12–16, 17,
                                              SUPPLEMENTARY INFORMATION: The                          (a)(2) of section 337.                                 18–22, 23, and 24–27 of the ‘907 patent;
                                              Southwest RAC advises the Secretary of                     The complainant requests that the                   claims 1, 2–6, 7, 8–9, 13, and 18 of the
                                              the Interior, through the BLM, on a                     Commission institute an investigation                  ‘291 patent; claims 1, 2–6, 10–11, and
tkelley on DSK3SPTVN1PROD with NOTICES




                                              variety of public land issues in                        and, after the investigation, issue a                  19 of the ‘272 patent; and whether an
                                              Colorado. The Southwest RAC Oil and                     limited exclusion order and cease and                  industry in the United States exists as
                                              Gas Sub-Group identifies key priorities                 desist orders.                                         required by subsection (a)(2) of section
                                              for the Southwest RAC to recommend to                   ADDRESSES: The complaint, except for                   337;
                                              the Secretary of the Interior through the               any confidential information contained                    (2) For the purpose of the
                                              BLM. At these meetings, the sub-group                   therein, is available for inspection                   investigation so instituted, the following
                                              will continue to discuss the BLM’s                      during official business hours (8:45 a.m.              are hereby named as parties upon which


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                                              1442                          Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices

                                              this notice of investigation shall be                   INTERNATIONAL TRADE                                    this investigation may be viewed on
                                              served:                                                 COMMISSION                                             EDIS at http://edis.usitc.gov. Hearing-
                                                (a) The complainants are:                                                                                    impaired persons can obtain
                                                                                                      [Investigation No. 337–TA–941]                         information on this matter by contacting
                                              Server Technology, Inc., 1040 Sandhill                                                                         the Commission’s TDD terminal at (202)
                                                Road, Reno, NV 89521.                                 Certain Graphics Processing Chips,
                                                                                                                                                             205–1810.
                                                                                                      Systems on a Chip, and Products
                                                (b) The respondents are the following                                                                        SUPPLEMENTARY INFORMATION: Section
                                                                                                      Containing the Same
                                              entities alleged to be in violation of                                                                         337 of the Tariff Act of 1930 provides
                                              section 337, and are the parties upon                   AGENCY: U.S. International Trade                       that if the Commission finds a violation
                                              which the complaint is to be served:                    Commission.                                            it shall exclude the articles concerned
                                                                                                      ACTION: Notice.                                        from the United States:
                                              Raritan Americas, Inc., 400 Cottontail                                                                         unless, after considering the effect of such
                                                Lane, Somerset, NJ 08873.                             SUMMARY:   Notice is hereby given that                 exclusion upon the public health and
                                              Legrand North America, 60 Woodlawn                      the presiding administrative law judge                 welfare, competitive conditions in the United
                                                Street, West Hartford, CT 06110.                      (ALJ) has issued a final initial                       States economy, the production of like or
                                                                                                      determination on December 22, 2015                     directly competitive articles in the United
                                              Legrand SA, 128 Avenue du Maréchal                     and recommended determination on                       States, and United States consumers, it finds
                                                de Lattre, de Tassigny, 87045 Limoges                 remedy and bonding on January 5, 2016.                 that such articles should not be excluded
                                                cedex, France.                                                                                               from entry.
                                                                                                         The Commission is soliciting
                                                 (3) For the investigation so instituted,             comments on public interest issues                     19 U.S.C. 1337(d)(1). A similar
                                              the Chief Administrative Law Judge,                     raised by the recommended relief,                      provision applies to cease and desist
                                              U.S. International Trade Commission,                    specifically a limited exclusion order                 orders. 19 U.S.C. 1337(f)(1).
                                              shall designate the presiding                           against certain graphics processing                       The Commission is interested in
                                              Administrative Law Judge.                               chips, systems on a chip, and products                 further developing the record on the
                                                                                                      containing the same, imported by                       public interest in this investigation.
                                                 The Office of Unfair Import                                                                                 Accordingly, members of the public are
                                                                                                      respondents; and a cease and desist
                                              Investigations will not participate as a                                                                       invited to file submissions of no more
                                                                                                      order against respondents. The
                                              party in this investigation.                                                                                   than five pages, inclusive of
                                                                                                      respondents are NVIDIA Corporation of
                                                 Responses to the complaint and the                   Santa Clara, California; Biostar                       attachments, concerning the public
                                              notice of investigation must be                         Microtech International Corp. of New                   interest in light of the ALJ’s
                                              submitted by the named respondents in                   Taipei, Taiwan; Biostar Microtech                      recommended determination on remedy
                                              accordance with section 210.13 of the                   (U.S.A.) Corp. of City of Industry,                    and bonding issued in this investigation
                                              Commission’s Rules of Practice and                      California; Elitegroup Computer                        on January 5, 2016. Comments should
                                              Procedure, 19 CFR 210.13. Pursuant to                   Systems Co. Ltd. of Taipei, Taiwan;                    address whether the issuance of a
                                              19 CFR 201.16(e) and 210.13(a), such                    Elitegroup Computer Systems, Inc. of                   limited exclusion order and cease and
                                              responses will be considered by the                     Newark, California; EVGA Corp. of Brea,                desist order would affect the public
                                              Commission if received not later than 20                California; Fuhu, Inc. of El Segundo,                  health and welfare in the United States,
                                              days after the date of service by the                   California; Jaton Corp. of Fremont,                    competitive conditions in the United
                                              Commission of the complaint and the                     California; Mad Catz, Inc. of San Diego,               States economy, the production of like
                                              notice of investigation. Extensions of                  California; OUYA, Inc. of Santa Monica,                or directly competitive articles in the
                                              time for submitting responses to the                    California; Sparkle Computer Co., Ltd.                 United States, or United States
                                              complaint and the notice of                             of New Taipei City, Taiwan; Toradex,                   consumers.
                                              investigation will not be granted unless                Inc. of Seattle, Washington; and ZOTAC                    In particular, the Commission is
                                              good cause therefor is shown.                           USA, Inc. of Chino, California.                        interested in comments that:
                                                                                                         This notice is soliciting public                       (i) Explain how the articles
                                                 Failure of a respondent to file a timely                                                                    potentially subject to the recommended
                                              response to each allegation in the                      interest comments only from the public.
                                                                                                      Parties are to file public interest                    orders are used in the United States;
                                              complaint and in this notice may be                                                                               (ii) identify any public health, safety,
                                              deemed to constitute a waiver of the                    submissions pursuant to 19 CFR
                                                                                                                                                             or welfare concerns in the United States
                                              right to appear and contest the                         210.50(a)(4) within 30 days from service
                                                                                                                                                             relating to the recommended orders;
                                              allegations of the complaint and this                   of the recommended determination.                         (iii) identify like or directly
                                              notice, and to authorize the                            FOR FURTHER INFORMATION CONTACT: Ron                   competitive articles that complainant,
                                              administrative law judge and the                        Traud, Office of the General Counsel,                  its licensees, or third parties make in the
                                              Commission, without further notice to                   U.S. International Trade Commission,                   United States which could replace the
                                              the respondent, to find the facts to be as              500 E Street SW., Washington, DC                       subject articles if they were to be
                                              alleged in the complaint and this notice                20436, telephone (202) 205–3427. The                   excluded;
                                              and to enter an initial determination                   public version of the complaint can be                    (iv) indicate whether complainant,
                                              and a final determination containing                    accessed on the Commission’s                           complainant’s licensees, and/or third
                                              such findings, and may result in the                    electronic docket (EDIS) at http://                    party suppliers have the capacity to
                                              issuance of an exclusion order or a cease               edis.usitc.gov, and will be available for              replace the volume of articles
                                              and desist order or both directed against               inspection during official business                    potentially subject to the recommended
                                              the respondent.                                         hours (8:45 a.m. to 5:15 p.m.) in the                  exclusion order and/or a cease and
tkelley on DSK3SPTVN1PROD with NOTICES




                                                By order of the Commission.                           Office of the Secretary, U.S.                          desist order within a commercially
                                                Issued: January 6, 2016.                              International Trade Commission, 500 E                  reasonable time; and
                                                                                                      Street SW., Washington, DC 20436,                         (v) explain how the limited exclusion
                                              Lisa R. Barton,
                                                                                                      telephone (202) 205–2000. General                      order and cease and desist order would
                                              Secretary to the Commission.                            information concerning the Commission                  impact consumers in the United States.
                                              [FR Doc. 2016–00314 Filed 1–11–16; 8:45 am]             may also be obtained at http://                           Written submissions must be filed no
                                              BILLING CODE 7020–02–P                                  www.usitc.gov. The public record for                   later than by close of business on


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Document Created: 2016-01-12 01:23:01
Document Modified: 2016-01-12 01:23:01
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.
ContactThe Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205- 1802.
FR Citation81 FR 1441 

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