81_FR_89292 81 FR 89055 - Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015

81 FR 89055 - Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range89055-89056
FR Document2016-29568

On August 12, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on polyethylene terephthalate film, sheet, and strip (PET Film) from Taiwan in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). See Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2015, 81 FR 53441 (August 12, 2016) (Preliminary Results). This review covers Nan Ya Plastics Corporation (Nan Ya) and Shinkong Materials Technology Corporation (SMTC). We invited interested parties to comment on the Preliminary Result and received no comments or requests for a hearing. Therefore, for the final results, we continue to find that sales of subject merchandise by Nan Ya were not made at prices less than normal value during the period of review (POR). We continue to find that SMTC had no shipments of subject merchandise during the POR.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016) 
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Notices]
[Pages 89055-89056]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29568]



[[Page 89055]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-837]


Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) From 
Taiwan: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On August 12, 2016, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty (AD) order on polyethylene terephthalate 
film, sheet, and strip (PET Film) from Taiwan in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). 
See Polyethylene Terephthalate Film, Sheet, and Strip (PET Film) from 
Taiwan: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2014-2015, 81 FR 53441 
(August 12, 2016) (Preliminary Results). This review covers Nan Ya 
Plastics Corporation (Nan Ya) and Shinkong Materials Technology 
Corporation (SMTC). We invited interested parties to comment on the 
Preliminary Result and received no comments or requests for a hearing. 
Therefore, for the final results, we continue to find that sales of 
subject merchandise by Nan Ya were not made at prices less than normal 
value during the period of review (POR). We continue to find that SMTC 
had no shipments of subject merchandise during the POR.

DATES: Effective December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-5255.

SUPPLEMENTARY INFORMATION: 

Background

    On August 12, 2016, the Department published the Preliminary 
Results.\1\ The POR is July 1, 2014, through June 30, 2015. We invited 
interested parties to comment on the Preliminary Results. We received 
no comments or requests for a hearing from any party. The Department 
conducted this administrative review in accordance with section 
751(a)(2) of the Act.
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    \1\ See Preliminary Results.
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Scope of the Order

    The products covered by the antidumping duty order are all gauges 
of raw, pretreated, or primed PET film, whether extruded or coextruded. 
Excluded are metalized films and other finished films that have had at 
least one of their surfaces modified by the application of a 
performance-enhancing resinous or inorganic layer of more than 0.00001 
inches thick. Imports of polyethylene terephthalate film, sheet, and 
strip are currently classifiable in the Harmonized Tariff Schedule of 
the United States (HTSUS) under item number 3920.62.00.90. HTSUS 
subheadings are provided for convenience and customs purposes. The 
written description of the scope of the antidumping duty order is 
dispositive.

Final Results of Review

    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 and 
calculations. Thus, we continue to find that sales of subject 
merchandise by Nan Ya were not made at less than normal value during 
the POR. Further, we continue to find that SMTC had no shipments of 
subject merchandise during the POR. For further details of the issues 
addressed in this proceeding, see the Preliminary Results and the 
accompanying Preliminary Decision Memorandum.\2\ The final weighted-
average dumping margin for the period July 1, 2014, through June 30, 
2015, for Nan Ya is zero percent.
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    \2\ See ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review and Preliminary Determination 
of No Shipments: Polyethylene Terephthalate Film, Sheet, and Strip 
from Taiwan; 2013-2014,'' from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
dated August 5, 2016 (Preliminary Decision Memorandum), which can be 
accessed directly at http://enforcement.trade.gov/frn/index.html.
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Final Determination of No Shipments

    Based on our analysis of U.S. Customs and Border Protection (CBP) 
information and information provided by SMTC and its affiliate Shinkong 
Synthetic Fibers Corporation (SSFC), we determine that SMTC had no 
shipments of subject merchandise, and, therefore, no reviewable 
transactions, during the POR.\3\ For a full discussion of this 
determination, see the Preliminary Decision Memorandum, which is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS).\4\ ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit in room B8024 of the main Commerce building. In addition, 
a complete version of the Preliminary Decision Memorandum can be 
accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Decision 
Memorandum are identical in content.
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    \3\ In the Preliminary Results for the 2008-2009 antidumping 
duty administrative review, we determined that for the purposes of 
calculating an antidumping margin, SMTC, and its parent company 
Shinkong Synthetic Fibers Corporation (SSFC) should be treated as a 
single entity. See Polyethylene Terephthalate Film, Sheet and Strip 
from Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review, 75 FR 49902 (August 16, 2010), (unchanged in the Final 
Results for the 2008-2009 antidumping duty administrative review 
(Polyethylene Terephthalate Film, Sheet and Strip from Taiwan: Final 
Results of Antidumping Duty Administrative Review, 76 FR 9745 
(February 22, 2011))).
    \4\ See Preliminary Decision Memorandum at 3.
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Assessment Rates

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries in this review, in accordance with 
section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). The 
Department intends to issue assessment instructions directly to CBP 15 
days after publication of these final results of review. Because we 
calculated a zero margin in the final results of this review for Nan 
Ya, in accordance with 19 CFR 351.212 we will instruct CBP to liquidate 
the appropriate entries without regard to antidumping duties.

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 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) The cash deposit 
rate for Nan Ya will be zero percent, the rate established in the final 
results of this review; (2) for previously reviewed or investigated 
companies not covered in this review, the cash deposit rate will 
continue to be the company-specific rate published for the most recent 
period; (3) if the exporter is not

[[Page 89056]]

a firm covered in this or any previous review or in the original less-
than-fair-value (LTFV) investigation but the manufacturer is, the cash-
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) if neither the 
exporter nor the manufacturer is a firm covered in this or any previous 
review or the investigation, the cash-deposit rate will continue to be 
the all-others rate of 2.40 percent which is the all-others rate 
established by the Department in the LTFV investigation.\5\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \5\ See PET Film from Taiwan Amended Final Determination, 67 FR 
at 44175, unchanged in Correction Notice, 67 FR at 46566.
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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 and 19 CFR 351.213(h).

    Dated: December 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-29568 Filed 12-8-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices 89055 DEPARTMENT OF COMMERCE administrative review in accordance POR.3 For a full discussion of this with section 751(a)(2) of the Act. determination, see the Preliminary International Trade Administration Decision Memorandum, which is a Scope of the Order public document and is on file [A–583–837] The products covered by the electronically via Enforcement and antidumping duty order are all gauges of Compliance’s Antidumping and Polyethylene Terephthalate Film, raw, pretreated, or primed PET film, Countervailing Duty Centralized Sheet, and Strip (PET Film) From whether extruded or coextruded. Electronic Service System (ACCESS).4 Taiwan: Final Results of Antidumping Excluded are metalized films and other ACCESS is available to registered users Duty Administrative Review and Final finished films that have had at least one at http://access.trade.gov and is Determination of No Shipments; 2014– of their surfaces modified by the available to all parties in the Central 2015 application of a performance-enhancing Records Unit in room B8024 of the main resinous or inorganic layer of more than Commerce building. In addition, a AGENCY: Enforcement and Compliance, 0.00001 inches thick. Imports of complete version of the Preliminary International Trade Administration, polyethylene terephthalate film, sheet, Decision Memorandum can be accessed Department of Commerce. and strip are currently classifiable in the directly on the Internet at http:// SUMMARY: On August 12, 2016, the enforcement.trade.gov/frn/index.html. Harmonized Tariff Schedule of the Department of Commerce (the The signed and electronic versions of United States (HTSUS) under item Department) published the preliminary the Decision Memorandum are identical number 3920.62.00.90. HTSUS results of the administrative review of in content. subheadings are provided for the antidumping duty (AD) order on convenience and customs purposes. The Assessment Rates polyethylene terephthalate film, sheet, written description of the scope of the and strip (PET Film) from Taiwan in The Department will determine, and antidumping duty order is dispositive. accordance with section 751(a)(1)(B) of CBP shall assess, antidumping duties on the Tariff Act of 1930, as amended (the Final Results of Review all appropriate entries in this review, in Act). See Polyethylene Terephthalate accordance with section 751(a)(2)(C) of Film, Sheet, and Strip (PET Film) from As noted above, the Department the Act and 19 CFR 351.212(b)(1). The Taiwan: Preliminary Results of received no comments concerning the Department intends to issue assessment Antidumping Duty Administrative Preliminary Results on the record of this instructions directly to CBP 15 days Review and Preliminary Determination segment of the proceeding. As there are after publication of these final results of of No Shipments; 2014–2015, 81 FR no changes from, or comments upon, review. Because we calculated a zero 53441 (August 12, 2016) (Preliminary the Preliminary Results, the Department margin in the final results of this review Results). This review covers Nan Ya finds that there is no reason to modify for Nan Ya, in accordance with 19 CFR Plastics Corporation (Nan Ya) and its analysis and calculations. Thus, we 351.212 we will instruct CBP to Shinkong Materials Technology continue to find that sales of subject liquidate the appropriate entries Corporation (SMTC). We invited merchandise by Nan Ya were not made without regard to antidumping duties. interested parties to comment on the at less than normal value during the POR. Further, we continue to find that Cash Deposit Requirements Preliminary Result and received no comments or requests for a hearing. SMTC had no shipments of subject The following cash deposit Therefore, for the final results, we merchandise during the POR. For requirements will be effective upon continue to find that sales of subject further details of the issues addressed in publication of the final results of this merchandise by Nan Ya were not made this proceeding, see the Preliminary administrative review for all shipments at prices less than normal value during Results and the accompanying of the subject merchandise entered, or the period of review (POR). We continue Preliminary Decision Memorandum.2 withdrawn from warehouse, for to find that SMTC had no shipments of The final weighted-average dumping consumption on or after the publication subject merchandise during the POR. margin for the period July 1, 2014, date, as provided for by section through June 30, 2015, for Nan Ya is 751(a)(2)(C) of the Act: (1) The cash DATES: Effective December 9, 2016. zero percent. deposit rate for Nan Ya will be zero FOR FURTHER INFORMATION CONTACT: percent, the rate established in the final Jacqueline Arrowsmith, AD/CVD Final Determination of No Shipments results of this review; (2) for previously Operations, Office VII, Enforcement and Based on our analysis of U.S. Customs reviewed or investigated companies not Compliance, International Trade and Border Protection (CBP) covered in this review, the cash deposit Administration, U.S. Department of information and information provided rate will continue to be the company- Commerce, 1401 Constitution Avenue by SMTC and its affiliate Shinkong specific rate published for the most NW., Washington, DC 20230; telephone: Synthetic Fibers Corporation (SSFC), we recent period; (3) if the exporter is not (202) 482–5255. determine that SMTC had no shipments SUPPLEMENTARY INFORMATION: of subject merchandise, and, therefore, 3 In the Preliminary Results for the 2008–2009 antidumping duty administrative review, we Background no reviewable transactions, during the determined that for the purposes of calculating an antidumping margin, SMTC, and its parent On August 12, 2016, the Department 2 See ‘‘Decision Memorandum for Preliminary company Shinkong Synthetic Fibers Corporation published the Preliminary Results.1 The Results of Antidumping Duty Administrative (SSFC) should be treated as a single entity. See POR is July 1, 2014, through June 30, Review and Preliminary Determination of No Polyethylene Terephthalate Film, Sheet and Strip mstockstill on DSK3G9T082PROD with NOTICES Shipments: Polyethylene Terephthalate Film, Sheet, from Taiwan: Preliminary Results of Antidumping 2015. We invited interested parties to Duty Administrative Review, 75 FR 49902 (August and Strip from Taiwan; 2013–2014,’’ from Christian comment on the Preliminary Results. Marsh, Deputy Assistant Secretary for Antidumping 16, 2010), (unchanged in the Final Results for the We received no comments or requests and Countervailing Duty Operations, to Paul 2008–2009 antidumping duty administrative review for a hearing from any party. The Piquado, Assistant Secretary for Enforcement and (Polyethylene Terephthalate Film, Sheet and Strip Compliance, dated August 5, 2016 (Preliminary from Taiwan: Final Results of Antidumping Duty Department conducted this Administrative Review, 76 FR 9745 (February 22, Decision Memorandum), which can be accessed directly at http://enforcement.trade.gov/frn/ 2011))). 1 See Preliminary Results. index.html. 4 See Preliminary Decision Memorandum at 3. VerDate Sep<11>2014 18:13 Dec 08, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1

89056 Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Notices a firm covered in this or any previous DEPARTMENT OF COMMERCE rebuttal briefs. The issues are identified review or in the original less-than-fair- in the Appendix to this notice. The value (LTFV) investigation but the International Trade Administration Issues and Decision Memorandum is a manufacturer is, the cash-deposit rate [C–533–825] public document and is on file will be the rate established for the most electronically via Enforcement and recent period for the manufacturer of Polyethylene Terephthalate Film, Compliance’s Antidumping and the merchandise; and (4) if neither the Sheet, and Strip From India: Final Countervailing Duty Centralized exporter nor the manufacturer is a firm Results of Countervailing Duty Electronic Service System (ACCESS). covered in this or any previous review Administrative Review; 2014 ACCESS is available to registered users or the investigation, the cash-deposit at http://access.trade.gov and in the AGENCY: Enforcement and Compliance, Central Records Unit, Room B8024 of rate will continue to be the all-others International Trade Administration, rate of 2.40 percent which is the all- the main Department of Commerce Department of Commerce. building. In addition, a complete others rate established by the SUMMARY: On August 3, 2016, the version of the Issues and Decision Department in the LTFV investigation.5 Department published the preliminary Memorandum can be accessed directly These cash deposit requirements, when results of the administrative review of on the Internet at http://trade.gov/ imposed, shall remain in effect until the countervailing duty order on enforcement/frn/index.html. The signed further notice. polyethylene terephthalate film, sheet, Issues and Decision Memorandum and Reimbursement of Duties and strip (PET film) from India. This electronic versions of the Issues and review covers two companies: Jindal Decision Memorandum are identical in This notice also serves as a final Poly Films Limited (Jindal), and SRF content. reminder to importers of their Limited. The period of review (POR) is Changes Since the Preliminary Results responsibility under 19 CFR January 1, 2014, through December 31, 351.402(f)(2) to file a certificate 2014. Based on an analysis of the The Department published the regarding the reimbursement of comments received, the Department has preliminary results of this antidumping duties prior to liquidation made changes to the subsidy rate administrative review of PET film from of the relevant entries during this determined for Jindal. The final subsidy India on August 3, 2016.3 Based on the review period. Failure to comply with rates are listed in the ‘‘Final Results of comments received from Petitioners, in this requirement could result in the Administrative Review’’ section below. these final results, we corrected a Secretary’s presumption that DATES: Effective December 9, 2016. ministerial error made in the context of reimbursement of antidumping duties FOR FURTHER INFORMATION CONTACT: Elfi our analysis of the Export Promotion occurred and the subsequent assessment Blum, AD/CVD Operations, Office VII, Capital Goods Scheme (EPCGS).4 of double antidumping duties. Enforcement and Compliance, U.S. Methodology Department of Commerce, 1401 Administrative Protective Order Constitution Avenue NW., Washington, The Department conducted this This notice also serves as a reminder DC 20230; telephone: (202) 482–0197. review in accordance with section to parties subject to administrative 751(a)(1)(A) of the Tariff Act of 1930, as Scope of the Order protective order (APO) of their amended (the Act). For each of the For the purposes of the order, the subsidy programs found responsibility concerning the return or products covered are all gauges of raw, countervailable, we find that there is a destruction of proprietary information pretreated, or primed polyethylene subsidy, i.e., a government-provided disclosed under APO in accordance terephthalate film, sheet and strip, financial contribution that gives rise to with 19 CFR 351.305(a)(3), which whether extruded or coextruded. a benefit to the recipient, and that the continues to govern business Excluded are metallized films and other subsidy is specific.5 For a description of proprietary information in this segment finished films that have had at least one the methodology underlying all of the of the proceeding. Timely written of their surfaces modified by the Department’s conclusions, see the Issues notification of the return/destruction of application of a performance-enhancing and Decision Memorandum. APO materials or conversion to judicial resinous or inorganic layer of more than protective order is hereby requested. 0.00001 inches thick. Imports of PET Compliance, ‘‘Issues and Decision Memorandum for Failure to comply with the regulations film are classifiable in the Harmonized the Final Results of Countervailing Duty and terms of an APO is a violation, Tariff Schedule of the United States Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip from India; 2013,’’ dated which is subject to sanction. (HTSUS) under item number concurrently with this notice and herein We are issuing and publishing this 3920.62.00.90. HTSUS subheadings are incorporated by reference (Issues and Decision notice in accordance with sections provided for convenience and customs Memorandum). 751(a)(1) and 777(i)(1) of the Act and 19 purposes. The written description of the 3 See Polyethylene Terephthalate Film, Sheet and scope of the order is dispositive. Strip From India: Preliminary Results And Partial CFR 351.213(h). Rescission of Countervailing Duty Administrative Analysis of Comments Received Review; 2014, 81 FR 51186 (August 3, 2016) Dated: December 5, 2016. (Preliminary Results 2014). Paul Piquado, The issues raised by Petitioners 1 and 4 For a discussion of these issues, see the Issues Assistant Secretary for Enforcement and Jindal in their case briefs are addressed and Decision Memorandum, and Memorandum to in the Issues and Decision the File from Elfi Blum, International Trade mstockstill on DSK3G9T082PROD with NOTICES Compliance. Compliance Analyst, titled ‘‘Final Results of 2014 [FR Doc. 2016–29568 Filed 12–8–16; 8:45 am] Memorandum.2 Neither party submitted Countervailing Duty Administrative Review: Polyethylene Terephthalate Film, Sheet, and Strip BILLING CODE 3510–DS–P 1 DuPont Teijin Films, Inc., Mitsubishi Polyester from India—Jindal Polyfilms Limited,’’ each dated Film, Inc. and SKC, Inc. (collectively, Petitioners). concurrently with these final results. 2 See Memorandum from Christian Marsh, Deputy 5 See sections 771(5)(B) and (D) of the Act 5 See PET Film from Taiwan Amended Final Assistant Secretary for Antidumping and regarding financial contribution; section 771(5)(E) Determination, 67 FR at 44175, unchanged in Countervailing Duty Operations, to Paul Piquado, of the Act regarding benefit; and, section 771(5A) Correction Notice, 67 FR at 46566. Assistant Secretary for Enforcement and of the Act regarding specificity. VerDate Sep<11>2014 18:13 Dec 08, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1


Document Created: 2018-02-14 09:04:08
Document Modified: 2018-02-14 09:04:08
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
DatesEffective December 9, 2016.
ContactJacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5255.
FR Citation81 FR 89055 
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