81 FR 54042 - Drawn Stainless Steel Sinks From the People's Republic of China; Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 157 (August 15, 2016)
International Trade Administration
Federal Register Volume 81, Issue 157 (August 15, 2016)
| Page Range | 54042-54043 | |
| FR Document | 2016-19264 |
[Federal Register Volume 81, Number 157 (Monday, August 15, 2016)] [Notices] [Pages 54042-54043] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19264] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-983] Drawn Stainless Steel Sinks From the People's Republic of China; Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On May 12, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on drawn stainless steel sinks from the People's Republic of China. We invited interested parties to comment but received no comments or requests for a hearing. Therefore, the final results remain unchanged from the preliminary results. DATES: Effective August 15, 2016. FOR FURTHER INFORMATION CONTACT: Brian Smith or Brandon Custard, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1766, or (202) 482-1823, respectively. SUPPLEMENTARY INFORMATION: On May 12, 2016, the Department published the Preliminary Results.\1\ The POR is April 1, 2014, through March 31, 2015. We invited interested parties to comment on the Preliminary Results. We received no comments or requests for a hearing. The Department conducted this administrative review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). --------------------------------------------------------------------------- \1\ See Drawn Stainless Steel Sinks From the People's Republic of China: Preliminary Results of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015, 81 FR 29528 (May 12, 2016) (Preliminary Results). --------------------------------------------------------------------------- Scope of the Order The products covered by the order include drawn stainless steel sinks. Imports of subject merchandise are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings 7324.10.000 and 7324.10.0010. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise within the scope is dispositive.\2\ --------------------------------------------------------------------------- \2\ For a complete description of the scope of the order, see the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled, ``Decision Memorandum for the Preliminary Results of the 2014-2015 Administrative Review: Drawn Stainless Steel Sinks from the People's Republic of China,'' (Preliminary Decision Memorandum), dated May 5, 2016, which can be accessed directly at http://enforcement.trade.gov/frn/. --------------------------------------------------------------------------- Final Results of Review and Final Determination of No Shipments As noted above, the Department received no comments concerning the Preliminary Results on the record of this segment of the proceeding. As there are no changes from, or comments upon, the Preliminary Results, the Department finds that there is no reason to modify its analysis. Thus, we continue to find that sales of subject merchandise by Guangdong Dongyuan Kitchenware Industrial Co., Ltd. (Dongyuan) were made at less than normal value (NV) during the POR. We also continue to grant separate rates to Feidong Import and Export Co., Ltd. and Ningbo Afa Kitchen and Bath Co., Ltd. Further, we continue to find that B&R Industries Limited, Zhongshan Newecan Enterprise Development Corporation, and Zhongshan Superte Kitchenware Co., Ltd./Superte invoiced as Foshan Zhaoshun Trade Co., Ltd., Shunde Foodstuffs J&C Industries Enterprise Limited, Foshan Shunde MingHao Kitchen Utensils Co., Ltd., Franke Asia Sourcing Ltd., Grand Hill Work Company, Hangzhou Heng's Industries Co., Ltd., Jiangmen Hongmao Trading Co;, Ltd., Jiangxi Zoje Kitchen & Bath Industry Co., Ltd., Ningbo Oulin Kitchen Utensils Co., Ltd. and Shunde Foodstuffs Import & Export Company Limited of Guangdong are part of the PRC-wide entity and will receive the rate of that entity. Finally, we continue to find that Kehuaxing Industrial Ltd. (Kehuaxing) made no shipments of subject merchandise during the POR. Accordingly, no decision memorandum accompanies this Federal Register notice. For further details of the issues addressed in this segment of the proceeding, see the Preliminary Results and the accompanying Preliminary Decision Memorandum. The final weighted- average dumping margins for the period April 1, 2014, through March 31, 2015 are as follows: ------------------------------------------------------------------------ Weighted- average Producer/exporter dumping margin (percent) ------------------------------------------------------------------------ Guangdong Dongyuan Kitchenware Industrial Co., Ltd.......... 1.65 Ningbo Afa Kitchen and Bath Co., Ltd *...................... 1.65 Feidong Import and Export Co., Ltd *........................ 1.65 ------------------------------------------------------------------------ * These companies demonstrated that they qualified for a separate rate in this administrative review. As we did in the Preliminary Results, and consistent with the Department's practice, we continue to assign them the rate calculated for the mandatory respondent in this review. Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), the Department determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. For Dongyuan, which has a weighted-average dumping margin which is not zero or de minimis (i.e., less than 0.5 percent), we calculated importer- (or customer-) specific per-unit duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's (or customer's) examined sales to the total sales quantity associated with those sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the respondents which were not selected for individual examination in this administrative review and which [[Page 54043]] qualified for a separate rate, the assessment rate is equal to the weighted-average dumping margin assigned to Dongyuan, or 1.65 percent. For the companies identified above as part of the PRC-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 76.45 \3\ percent to all entries of subject merchandise during the POR which were produced and/or exported by those companies. --------------------------------------------------------------------------- \3\ The PRC-wide rate determined in the investigation was 76.53 percent. See Drawn Stainless Steel Sinks from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 78 FR 21592, 21594 (April 11, 2013). This rate was adjusted for export subsidies and estimated domestic subsidy pass through to determine the cash deposit rate (76.45 percent) collected for companies in the PRC-wide entity. See explanation in Drawn Stainless Steel Sinks From the People's Republic of China: Investigation, Final Determination, 78 FR 13019, 13025 (February 26, 2013). --------------------------------------------------------------------------- The Department has refined its assessment practice in NME cases. Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales databases submitted by Dongyuan, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, because the Department determined that Kehuaxing had no shipments of the subject merchandise, any suspended entries that entered under Kehuaxing's rate will be liquidated at the PRC-wide rate.\4\ --------------------------------------------------------------------------- \4\ For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME Antidumping Proceedings). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that rate established in the final results of this review (except, if the rate is zero or de minimis, then a cash deposit rate of zero will be established for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity, which is 76.45 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation, which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 5, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-19264 Filed 8-12-16; 8:45 am] BILLING CODE 3510-DS-P
![54042 Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices
during the foregoing period may be 1, 2014, through March 31, 2015. We Limited of Guangdong are part of the
submitted during the subsequent 15-day invited interested parties to comment on PRC-wide entity and will receive the
period to October 11, 2016. the Preliminary Results. We received no rate of that entity. Finally, we continue
A copy of the application will be comments or requests for a hearing. The to find that Kehuaxing Industrial Ltd.
available for public inspection at the Department conducted this (Kehuaxing) made no shipments of
Office of the Executive Secretary, administrative review in accordance subject merchandise during the POR.
Foreign-Trade Zones Board, Room with section 751(a)(2) of the Tariff Act Accordingly, no decision memorandum
21013, U.S. Department of Commerce, of 1930, as amended (the Act). accompanies this Federal Register
1401 Constitution Avenue NW., notice. For further details of the issues
Scope of the Order
Washington, DC 20230–0002, and in the addressed in this segment of the
‘‘Reading Room’’ section of the FTZ The products covered by the order proceeding, see the Preliminary Results
Board’s Web site, which is accessible include drawn stainless steel sinks. and the accompanying Preliminary
via www.trade.gov/ftz. For further Imports of subject merchandise are Decision Memorandum. The final
information, contact Camille Evans at currently classified in the Harmonized weighted-average dumping margins for
Camille.Evans@trade.gov or (202) 482– Tariff Schedule of the United States the period April 1, 2014, through March
2350. (HTSUS) at subheadings 7324.10.000 31, 2015 are as follows:
Dated: August 9, 2016.
and 7324.10.0010. Although the HTSUS
subheadings are provided for
Andrew McGilvray,
convenience and customs purposes, the
Executive Secretary. written description of the merchandise Weighted-
[FR Doc. 2016–19412 Filed 8–12–16; 8:45 am] within the scope is dispositive.2 average
BILLING CODE 3510–DS–P Producer/exporter dumping
Final Results of Review and Final margin
Determination of No Shipments (percent)
DEPARTMENT OF COMMERCE As noted above, the Department Guangdong Dongyuan Kitchen-
received no comments concerning the ware Industrial Co., Ltd ........... 1.65
International Trade Administration Ningbo Afa Kitchen and Bath
Preliminary Results on the record of this
segment of the proceeding. As there are Co., Ltd * ................................. 1.65
[A–570–983]
Feidong Import and Export Co.,
no changes from, or comments upon, Ltd * ......................................... 1.65
Drawn Stainless Steel Sinks From the the Preliminary Results, the Department
People’s Republic of China; Final finds that there is no reason to modify * These companies demonstrated that they
Results of Antidumping Duty its analysis. Thus, we continue to find qualified for a separate rate in this administra-
Administrative Review; Final tive review. As we did in the Preliminary Re-
that sales of subject merchandise by sults, and consistent with the Department’s
Determination of No Shipments; 2014– Guangdong Dongyuan Kitchenware practice, we continue to assign them the rate
2015 Industrial Co., Ltd. (Dongyuan) were calculated for the mandatory respondent in
made at less than normal value (NV) this review.
AGENCY: Enforcement and Compliance,
during the POR. We also continue to Assessment Rates
International Trade Administration,
grant separate rates to Feidong Import
Department of Commerce. Pursuant to section 751(a)(2)(C) of the
and Export Co., Ltd. and Ningbo Afa
SUMMARY: On May 12, 2016, the Act, and 19 CFR 351.212(b), the
Kitchen and Bath Co., Ltd. Further, we
Department of Commerce (the Department determined, and U.S.
continue to find that B&R Industries
Department) published the preliminary Customs and Border Protection (CBP)
Limited, Zhongshan Newecan
results of the administrative review of shall assess, antidumping duties on all
Enterprise Development Corporation,
the antidumping duty order on drawn appropriate entries of subject
and Zhongshan Superte Kitchenware
stainless steel sinks from the People’s merchandise in accordance with the
Co., Ltd./Superte invoiced as Foshan
Republic of China. We invited final results of this review. The
Zhaoshun Trade Co., Ltd., Shunde
interested parties to comment but Department intends to issue appropriate
Foodstuffs J&C Industries Enterprise
received no comments or requests for a assessment instructions directly to CBP
Limited, Foshan Shunde MingHao
hearing. Therefore, the final results 15 days after publication of the final
Kitchen Utensils Co., Ltd., Franke Asia
remain unchanged from the preliminary results of this administrative review.
Sourcing Ltd., Grand Hill Work For Dongyuan, which has a weighted-
results.
Company, Hangzhou Heng’s Industries average dumping margin which is not
DATES: Effective August 15, 2016. Co., Ltd., Jiangmen Hongmao Trading zero or de minimis (i.e., less than 0.5
FOR FURTHER INFORMATION CONTACT: Co;, Ltd., Jiangxi Zoje Kitchen & Bath percent), we calculated importer- (or
Brian Smith or Brandon Custard, AD/ Industry Co., Ltd., Ningbo Oulin customer-) specific per-unit duty
CVD Operations, Office II, Enforcement Kitchen Utensils Co., Ltd. and Shunde assessment rates based on the ratio of
and Compliance, International Trade Foodstuffs Import & Export Company the total amount of dumping calculated
Administration, U.S. Department of
for the importer’s (or customer’s)
Commerce, 14th Street and Constitution 2015, 81 FR 29528 (May 12, 2016) (Preliminary
Results). examined sales to the total sales
Avenue NW., Washington, DC 20230;
2 For a complete description of the scope of the quantity associated with those sales, in
telephone: (202) 482–1766, or (202)
order, see the memorandum from Christian Marsh, accordance with 19 CFR 351.212(b)(1).
482–1823, respectively. Deputy Assistant Secretary for Antidumping and
sradovich on DSK3GMQ082PROD with NOTICES
Where an importer- (or customer-)
SUPPLEMENTARY INFORMATION: On May Countervailing Duty Operations, to Paul Piquado,
specific assessment rate is zero or de
12, 2016, the Department published the Assistant Secretary for Enforcement and
Compliance, entitled, ‘‘Decision Memorandum for minimis, we will instruct CBP to
Preliminary Results.1 The POR is April the Preliminary Results of the 2014–2015 liquidate the appropriate entries
Administrative Review: Drawn Stainless Steel Sinks without regard to antidumping duties.
1 See Drawn Stainless Steel Sinks From the from the People’s Republic of China,’’ (Preliminary
People’s Republic of China: Preliminary Results of Decision Memorandum), dated May 5, 2016, which
For the respondents which were not
the Antidumping Duty Administrative Review and can be accessed directly at http:// selected for individual examination in
Preliminary Determination of No Shipments; 2014– enforcement.trade.gov/frn/. this administrative review and which
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![Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Notices 54043
qualified for a separate rate, the percent; and (4) for all non-PRC SUMMARY: As a result of the
assessment rate is equal to the weighted- exporters of subject merchandise which determinations by the Department of
average dumping margin assigned to have not received their own rate, the Commerce (the Department) and the
Dongyuan, or 1.65 percent. cash deposit rate will be the rate International Trade Commission (ITC)
For the companies identified above as applicable to the PRC exporter(s) that that revocation of the antidumping (AD)
part of the PRC-wide entity, we will supplied that non-PRC exporter. These duty orders on stainless steel wire rod
instruct CBP to apply an ad valorem deposit requirements, when imposed, (SSWR) from Japan, the Republic of
assessment rate of 76.45 3 percent to all shall remain in effect until further Korea (Korea), and Taiwan would likely
entries of subject merchandise during notice. lead to continuation or recurrence of
the POR which were produced and/or dumping and material injury to an
Reimbursement of Duties
exported by those companies. industry in the United States, the
The Department has refined its This notice also serves as a final Department is publishing a notice of
assessment practice in NME cases. reminder to importers of their continuation of the antidumping duty
Pursuant to this refinement in practice, responsibility under 19 CFR orders. In addition, as a result of the
for entries that were not reported in the 351.402(f)(2) to file a certificate ITC’s determination that revocation of
U.S. sales databases submitted by regarding the reimbursement of the AD duty orders on SSWR from Italy
Dongyuan, the Department will instruct antidumping duties prior to liquidation and Spain is not likely to lead to
CBP to liquidate such entries at the of the relevant entries during this continuation or recurrence of material
PRC-wide rate. In addition, because the review period. Failure to comply with injury to an industry in the United
Department determined that Kehuaxing this requirement could result in the States, the Department is revoking the
had no shipments of the subject Secretary’s presumption that AD orders on SSWR from Italy and
merchandise, any suspended entries reimbursement of antidumping duties Spain.
that entered under Kehuaxing’s rate will occurred and the subsequent assessment
DATES: AD Revocation (Italy and Spain):
be liquidated at the PRC-wide rate.4 of double antidumping duties.
Effective June 17, 2015; AD
Cash Deposit Requirements Administrative Protective Order Continuation (Japan, Korea, and
The following cash deposit This notice also serves as a reminder Taiwan): Effective August 15, 2016.
requirements will be effective upon to parties subject to administrative FOR FURTHER INFORMATION CONTACT:
publication of the final results of this protective order (APO) of their David Crespo, AD/CVD Operations,
administrative review for all shipments responsibility concerning the return or Office II, Enforcement and Compliance,
of the subject merchandise from the PRC destruction of proprietary information International Trade Administration,
entered, or withdrawn from warehouse, disclosed under APO in accordance U.S. Department of Commerce, 14th
for consumption on or after the with 19 CFR 351.305(a)(3), which Street and Constitution Avenue NW,
publication date, as provided for by continues to govern business Washington, DC 20230; telephone: (202)
section 751(a)(2)(C) of the Act: (1) For proprietary information in this segment 482–3693.
the companies listed above that have a of the proceeding. Timely written SUPPLEMENTARY INFORMATION:
separate rate, the cash deposit rate will notification of the return/destruction of
be that rate established in the final Background
APO materials or conversion to judicial
results of this review (except, if the rate protective order is hereby requested. On September 15, 1998, the
is zero or de minimis, then a cash Failure to comply with the regulations Department published the AD orders on
deposit rate of zero will be established and terms of an APO is a violation, SSWR from Japan, Italy, Korea, Spain,
for that company); (2) for previously which is subject to sanction. and Taiwan.1 On May 1, 2015, the
investigated or reviewed PRC and non- We are issuing and publishing this Department initiated 2 and the ITC
PRC exporters that received a separate notice in accordance with sections instituted 3 five-year (‘‘sunset’’) reviews
rate in a prior segment of this 751(a)(1) and 777(i)(1) of the Act. of the AD orders on SSWR from Japan,
proceeding, the cash deposit rate will Dated: August 5, 2016.
Italy, Korea, Spain, and Taiwan,
continue to be the existing exporter- pursuant to section 751(c) of the Tariff
Ronald K. Lorentzen,
specific rate; (3) for all PRC exporters of Act of 1930, as amended (the Act). As
Acting Assistant Secretary for Enforcement
subject merchandise that have not been
and Compliance. 1 See Notice of Antidumping Duty Order:
found to be entitled to a separate rate,
[FR Doc. 2016–19264 Filed 8–12–16; 8:45 am] Stainless Steel Wire Rod from Italy, 63 FR 49327
the cash deposit rate will be the rate for (September 15, 1998); Notice of Antidumping Duty
BILLING CODE 3510–DS–P
the PRC-wide entity, which is 76.45 Order: Stainless Steel Wire Rod from Japan, 63 FR
49328 (September 15, 1998); Notice of Amended
3 The PRC-wide rate determined in the Final Determination of Sales at Less Than Fair
investigation was 76.53 percent. See Drawn DEPARTMENT OF COMMERCE Value and Antidumping Duty Order: Stainless Steel
Stainless Steel Sinks from the People’s Republic of Wire Rod from Korea, 63 FR 49331 (September 15,
China: Amended Final Determination of Sales at International Trade Administration 1998), as amended by Stainless Steel Wire Rod
Less Than Fair Value and Antidumping Duty Order, From Korea: Amendment of Final Determination of
78 FR 21592, 21594 (April 11, 2013). This rate was [A–475–820, A–588–843, A–580–829, A–469– Sales at Less Than Fair Value Pursuant to Court
adjusted for export subsidies and estimated Decision, 66 FR 41550 (August 8, 2001); Notice of
807, A–583–828] Amended Final Determination of Sales at Less
domestic subsidy pass through to determine the
cash deposit rate (76.45 percent) collected for Than Fair Value and Antidumping Duty Order:
companies in the PRC-wide entity. See explanation Stainless Steel Wire Rod from Italy, Stainless Steel Wire Rod from Spain, 63 FR 49330
sradovich on DSK3GMQ082PROD with NOTICES
in Drawn Stainless Steel Sinks From the People’s Japan, the Republic of Korea, Spain, (September 15, 1998); and Notice of Amended Final
Republic of China: Investigation, Final and Taiwan: Continuation and Determination of Sales at Less Than Fair Value and
Determination, 78 FR 13019, 13025 (February 26, Antidumping Duty Order: Stainless Steel Wire Rod
Revocation of Antidumping Duty from Taiwan, 63 FR 49332 (September 15, 1998).
2013).
4 For a full discussion of this practice, see Non- Orders 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
Market Economy Antidumping Proceedings: FR 24900 (May 1, 2015).
Assessment of Antidumping Duties, 76 FR 65694
AGENCY: Enforcement and Compliance, 3 See Stainless Steel Wire Rod From Italy, Japan,
(October 24, 2011) (NME Antidumping International Trade Administration, Korea, Spain, and Taiwan; Institution of Five-Year
Proceedings). Department of Commerce Reviews, 80 FR 24970 (May 1, 2015).
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Document Created: 2016-08-13 02:22:20
Document Modified: 2016-08-13 02:22:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective August 15, 2016. | |
| Contact | Brian Smith or Brandon Custard, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 1766, or (202) 482-1823, respectively. | |
| FR Citation | 81 FR 54042 |
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