Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance, 29798-29800 [2011-12583]

Download as PDF 29798 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices New York, New York facility of the subject firm working off-site in Illinois, Georgia, Minnesota, Indiana, North Carolina, Texas, and Arkansas, as well as workers in Sales Offices in Plano, Texas, Daleville, Indiana, Rogers, Arkansas, and Winston-Salem, North Carolina. The intent of the Department’s certification is to include all workers of the subject firm who are adversely affected by the shift by the subject firm in the supply of administrative and managerial services to China, Pakistan, India and Bahrain. The amended notice applicable to TA–W–74,218 is hereby issued as follows: All workers of WestPoint Home, Inc., New York Corporate Sales Office, New York, New York, including employees working off-site in Illinois, Georgia, Minnesota, Indiana, and North Carolina (TA–W–74,218), and WestPoint Home, Inc., Plano, Texas Sales Office, Plano, Texas (TA–W–74,218A), Daleville, Indiana Sales Office, Daleville, Indiana (TA–W–74,218B), Rogers, Arkansas Sales Office, Rogers, Arkansas (TA–W– 74,218C), and Winston-Salem Sales Office, Winston-Salem, North Carolina (TA–W– 74,218D), who became totally or partially separated from employment on or after July 1, 2010 through June 25, 2012, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended. Signed in Washington, DC, this 11th day of May 2011. Del Min Amy Chen, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–12580 Filed 5–20–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration srobinson on DSK4SPTVN1PROD with NOTICES Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers by (TA–W) number issued during the period of May 2, 2011 through May 6, 2011. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group VerDate Mar<15>2010 16:22 May 20, 2011 Jkt 223001 eligibility requirements of Section 222(a) of the Act must be met. I. Under Section 222(a)(2)(A), the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The sales or production, or both, of such firm have decreased absolutely; and (3) One of the following must be satisfied: (A) Imports of articles or services like or directly competitive with articles produced or services supplied by such firm have increased; (B) Imports of articles like or directly competitive with articles into which one or more component parts produced by such firm are directly incorporated, have increased; (C) Imports of articles directly incorporating one or more component parts produced outside the United States that are like or directly competitive with imports of articles incorporating one or more component parts produced by such firm have increased; (D) Imports of articles like or directly competitive with articles which are produced directly using services supplied by such firm, have increased; and (4) The increase in imports contributed importantly to such workers’ separation or threat of separation and to the decline in the sales or production of such firm; or II. Section 222(a)(2)(B) all of the following must be satisfied: (1) A significant number or proportion of the workers in such workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) One of the following must be satisfied: (A) There has been a shift by the workers’ firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers’ firm; (B) There has been an acquisition from a foreign country by the workers’ firm of articles/services that are like or directly competitive with those produced/supplied by the workers’ firm; and (3) The shift/acquisition contributed importantly to the workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected workers in public agencies and a certification issued regarding PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) A significant number or proportion of the workers in the public agency have become totally or partially separated, or are threatened to become totally or partially separated; (2) The public agency has acquired from a foreign country services like or directly competitive with services which are supplied by such agency; and (3) The acquisition of services contributed importantly to such workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected secondary workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(c) of the Act must be met. (1) A significant number or proportion of the workers in the workers’ firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The workers’ firm is a Supplier or Downstream Producer to a firm that employed a group of workers who received a certification of eligibility under Section 222(a) of the Act, and such supply or production is related to the article or service that was the basis for such certification; and (3) Either— (A) the workers’ firm is a supplier and the component parts it supplied to the firm described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or (B) A loss of business by the workers’ firm with the firm described in paragraph (2) contributed importantly to the workers’ separation or threat of separation. In order for an affirmative determination to be made for adversely affected workers in firms identified by the International Trade Commission and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(f) of the Act must be met. (1) The workers’ firm is publicly identified by name by the International Trade Commission as a member of a domestic industry in an investigation resulting in— (A) An affirmative determination of serious injury or threat thereof under section 202(b)(1); E:\FR\FM\23MYN1.SGM 23MYN1 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices (B) An affirmative determination of market disruption or threat thereof under section 421(b)(1); or (C) An affirmative final determination of material injury or threat thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A)); (2) The petition is filed during the 1year period beginning on the date on which— (A) A summary of the report submitted to the President by the International Trade Commission under section 202(f)(1) with respect to the affirmative determination described in paragraph (1)(A) is published in the Federal Register under section 202(f)(3); or (B) Notice of an affirmative determination described in subparagraph (1) is published in the Federal Register; and (3) The workers have become totally or partially separated from the workers’ firm within— (A) The 1-year period described in paragraph (2); or (B) Notwithstanding section 223(b)(1), the 1-year period preceding the 1-year period described in paragraph (2). 29799 Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. TA–W No. Subject firm Location 74,848 ............... 75,104 ............... Thomas & Betts Corporation ........................................................... Eaton Corporation, FEPC Division, Including On-Site Leased Workers from Bartech Workforce. Ashland Aqualon Functional Ingredients Missouri Chemical Works, An Ashland Hercules Water Technologies Facilities, Lee Mechancial. Cincinnati Tyrolit, Inc., Subsidiary of Tyrolit North America Holdings. Data Listing Services, LLC, DBA: The Connection ........................ Bowling Green, OH .................... Three Rivers, MI ......................... November 5, 2009. January 14, 2010. Louisiana, MO ............................ January 20, 2010. Cincinnati, OH ............................ January 27, 2010. Holdrege, NE .............................. February 4, 2010. 75,127 ............... 75,144 ............... 75,205 ............... The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production or services) of the Trade Act have been met. TA–W No. Subject firm Location 75,268 ............... ´ ´ Nestle HealthCare Nutrition, Inc., Wholly Owned by Nestle Holdings, Inc.; Leased Workers from Adecco USA. St. Louis Park, MN ..................... Negative Determinations for Worker Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. The investigation revealed that the criterion under paragraph (a)(1), or TA–W No. Subject firm 75,235 ............... Verizon Communications, Inc. ........................................................ The investigation revealed that the criteria under paragraphs(a)(2)(A) srobinson on DSK4SPTVN1PROD with NOTICES 75,054 75,060 75,061 75,206 75,239 75,270 VerDate Mar<15>2010 Plastic Suppliers, Inc ....................................................................... Sitel Operating Corporation ............................................................. Liberty Homes, Inc., Oregon Division ............................................. Hewlett Packard Company, Enterprise Services Division .............. Superior Fibers, LLC, Bremen, Ohio Division ................................. Sterling Life Insurance Company, Leased Workers from Manpower. Mt. Laurel, NJ ............................. Painted Post, NY Sheridan, OR Paducah, KY Bremen, OH Bellingham, WA 16:22 May 20, 2011 Jkt 223001 the Freedom of Information Act. Requests may be submitted by fax, courier services, or mail to FOIA Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 Impact date country) of section 222 have not been met. Location I hereby certify that the aforementioned determinations were issued during the period of May 2, 2011 through May 6, 2011. Copies of these determinations may be requested under February 11, 2010. Ashburn, VA. Subject firm ............... ............... ............... ............... ............... ............... Impact date (b)(1), or (c)(1)(employment decline or threat of separation) of section 222 has not been met. Location (increased imports) and (a)(2)(B) (shift in production or services to a foreign TA–W No. Impact date Impact date November 23, 2009. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 or tofoiarequest@dol.gov. These determinations also are available on the Department’s Web site at https:// E:\FR\FM\23MYN1.SGM 23MYN1 29800 Federal Register / Vol. 76, No. 99 / Monday, May 23, 2011 / Notices www.doleta.gov/tradeact under the searchable listing of determinations. Dated: May 13, 2011. Michael W. Jaffe, Certifying Officer, Office of Trade Adjustment Assistance. [FR Doc. 2011–12583 Filed 5–20–11; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration srobinson on DSK4SPTVN1PROD with NOTICES Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA–W) number and alternative trade adjustment assistance (ATAA) by (TA–W) number issued during the period of May 2, 2011 through May 6, 2011. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. The sales or production, or both, of such firm or subdivision have decreased absolutely; and C. Increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially VerDate Mar<15>2010 16:22 May 20, 2011 Jkt 223001 separated, or are threatened to become totally or partially separated; B. There has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. The country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. The country to which the workers’ firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. There has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) Significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; (2) The workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and (3) Either— (A) The workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or (B) A loss or business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 Alternative Trade Adjustment Assistance (ATAA) for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers’ firm are 50 years of age or older. 2. Whether the workers in the workers’ firm possess skills that are not easily transferable. 3. The competitive conditions within the workers’ industry (i.e., conditions within the industry are adverse). Affirmative Determinations for Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. None. The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. None. Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 76, Number 99 (Monday, May 23, 2011)]
[Notices]
[Pages 29798-29800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12583]


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DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Determinations Regarding Eligibility To Apply for 
Worker Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(19 U.S.C. 2273) the Department of Labor herein presents summaries of 
determinations regarding eligibility to apply for trade adjustment 
assistance for workers by (TA-W) number issued during the period of May 
2, 2011 through May 6, 2011.
    In order for an affirmative determination to be made for workers of 
a primary firm and a certification issued regarding eligibility to 
apply for worker adjustment assistance, each of the group eligibility 
requirements of Section 222(a) of the Act must be met.
    I. Under Section 222(a)(2)(A), the following must be satisfied:
    (1) A significant number or proportion of the workers in such 
workers' firm have become totally or partially separated, or are 
threatened to become totally or partially separated;
    (2) The sales or production, or both, of such firm have decreased 
absolutely; and
    (3) One of the following must be satisfied:
    (A) Imports of articles or services like or directly competitive 
with articles produced or services supplied by such firm have 
increased;
    (B) Imports of articles like or directly competitive with articles 
into which one or more component parts produced by such firm are 
directly incorporated, have increased;
    (C) Imports of articles directly incorporating one or more 
component parts produced outside the United States that are like or 
directly competitive with imports of articles incorporating one or more 
component parts produced by such firm have increased;
    (D) Imports of articles like or directly competitive with articles 
which are produced directly using services supplied by such firm, have 
increased; and
    (4) The increase in imports contributed importantly to such 
workers' separation or threat of separation and to the decline in the 
sales or production of such firm; or
    II. Section 222(a)(2)(B) all of the following must be satisfied:
    (1) A significant number or proportion of the workers in such 
workers' firm have become totally or partially separated, or are 
threatened to become totally or partially separated;
    (2) One of the following must be satisfied:
    (A) There has been a shift by the workers' firm to a foreign 
country in the production of articles or supply of services like or 
directly competitive with those produced/supplied by the workers' firm;
    (B) There has been an acquisition from a foreign country by the 
workers' firm of articles/services that are like or directly 
competitive with those produced/supplied by the workers' firm; and
    (3) The shift/acquisition contributed importantly to the workers' 
separation or threat of separation.
    In order for an affirmative determination to be made for adversely 
affected workers in public agencies and a certification issued 
regarding eligibility to apply for worker adjustment assistance, each 
of the group eligibility requirements of Section 222(b) of the Act must 
be met.
    (1) A significant number or proportion of the workers in the public 
agency have become totally or partially separated, or are threatened to 
become totally or partially separated;
    (2) The public agency has acquired from a foreign country services 
like or directly competitive with services which are supplied by such 
agency; and
    (3) The acquisition of services contributed importantly to such 
workers' separation or threat of separation.
    In order for an affirmative determination to be made for adversely 
affected secondary workers of a firm and a certification issued 
regarding eligibility to apply for worker adjustment assistance, each 
of the group eligibility requirements of Section 222(c) of the Act must 
be met.
    (1) A significant number or proportion of the workers in the 
workers' firm have become totally or partially separated, or are 
threatened to become totally or partially separated;
    (2) The workers' firm is a Supplier or Downstream Producer to a 
firm that employed a group of workers who received a certification of 
eligibility under Section 222(a) of the Act, and such supply or 
production is related to the article or service that was the basis for 
such certification; and
    (3) Either--
    (A) the workers' firm is a supplier and the component parts it 
supplied to the firm described in paragraph (2) accounted for at least 
20 percent of the production or sales of the workers' firm; or
    (B) A loss of business by the workers' firm with the firm described 
in paragraph (2) contributed importantly to the workers' separation or 
threat of separation.
    In order for an affirmative determination to be made for adversely 
affected workers in firms identified by the International Trade 
Commission and a certification issued regarding eligibility to apply 
for worker adjustment assistance, each of the group eligibility 
requirements of Section 222(f) of the Act must be met.
    (1) The workers' firm is publicly identified by name by the 
International Trade Commission as a member of a domestic industry in an 
investigation resulting in--
    (A) An affirmative determination of serious injury or threat 
thereof under section 202(b)(1);

[[Page 29799]]

    (B) An affirmative determination of market disruption or threat 
thereof under section 421(b)(1); or
    (C) An affirmative final determination of material injury or threat 
thereof under section 705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
    (2) The petition is filed during the 1-year period beginning on the 
date on which--
    (A) A summary of the report submitted to the President by the 
International Trade Commission under section 202(f)(1) with respect to 
the affirmative determination described in paragraph (1)(A) is 
published in the Federal Register under section 202(f)(3); or
    (B) Notice of an affirmative determination described in 
subparagraph (1) is published in the Federal Register; and
    (3) The workers have become totally or partially separated from the 
workers' firm within--
    (A) The 1-year period described in paragraph (2); or
    (B) Notwithstanding section 223(b)(1), the 1-year period preceding 
the 1-year period described in paragraph (2).

Affirmative Determinations for Worker Adjustment Assistance

    The following certifications have been issued. The date following 
the company name and location of each determination references the 
impact date for all workers of such determination.
    The following certifications have been issued. The requirements of 
Section 222(a)(2)(A) (increased imports) of the Trade Act have been 
met.

----------------------------------------------------------------------------------------------------------------
          TA-W No.                  Subject firm                Location                   Impact date
----------------------------------------------------------------------------------------------------------------
74,848.....................  Thomas & Betts Corporation  Bowling Green, OH....  November 5, 2009.
75,104.....................  Eaton Corporation, FEPC     Three Rivers, MI.....  January 14, 2010.
                              Division, Including On-
                              Site Leased Workers from
                              Bartech Workforce.
75,127.....................  Ashland Aqualon Functional  Louisiana, MO........  January 20, 2010.
                              Ingredients Missouri
                              Chemical Works, An
                              Ashland Hercules Water
                              Technologies Facilities,
                              Lee Mechancial.
75,144.....................  Cincinnati Tyrolit, Inc.,   Cincinnati, OH.......  January 27, 2010.
                              Subsidiary of Tyrolit
                              North America Holdings.
75,205.....................  Data Listing Services,      Holdrege, NE.........  February 4, 2010.
                              LLC, DBA: The Connection.
----------------------------------------------------------------------------------------------------------------

    The following certifications have been issued. The requirements of 
Section 222(a)(2)(B) (shift in production or services) of the Trade Act 
have been met.

----------------------------------------------------------------------------------------------------------------
          TA-W No.                  Subject firm                Location                   Impact date
----------------------------------------------------------------------------------------------------------------
75,268.....................  Nestl[eacute] HealthCare    St. Louis Park, MN...  February 11, 2010.
                              Nutrition, Inc., Wholly
                              Owned by Nestl[eacute]
                              Holdings, Inc.; Leased
                              Workers from Adecco USA.
----------------------------------------------------------------------------------------------------------------

Negative Determinations for Worker Adjustment Assistance

    In the following cases, the investigation revealed that the 
eligibility criteria for worker adjustment assistance have not been met 
for the reasons specified.
    The investigation revealed that the criterion under paragraph 
(a)(1), or (b)(1), or (c)(1)(employment decline or threat of 
separation) of section 222 has not been met.

----------------------------------------------------------------------------------------------------------------
          TA-W No.                  Subject firm                Location                   Impact date
----------------------------------------------------------------------------------------------------------------
75,235.....................  Verizon Communications,     Ashburn, VA.           ................................
                              Inc..
----------------------------------------------------------------------------------------------------------------

    The investigation revealed that the criteria under 
paragraphs(a)(2)(A) (increased imports) and (a)(2)(B) (shift in 
production or services to a foreign country) of section 222 have not 
been met.

----------------------------------------------------------------------------------------------------------------
          TA-W No.                  Subject firm                Location                   Impact date
----------------------------------------------------------------------------------------------------------------
75,054.....................  Plastic Suppliers, Inc....  Mt. Laurel, NJ.......  November 23, 2009.
75,060.....................  Sitel Operating             Painted Post, NY       ................................
                              Corporation.
75,061.....................  Liberty Homes, Inc.,        Sheridan, OR           ................................
                              Oregon Division.
75,206.....................  Hewlett Packard Company,    Paducah, KY            ................................
                              Enterprise Services
                              Division.
75,239.....................  Superior Fibers, LLC,       Bremen, OH             ................................
                              Bremen, Ohio Division.
75,270.....................  Sterling Life Insurance     Bellingham, WA         ................................
                              Company, Leased Workers
                              from Manpower.
----------------------------------------------------------------------------------------------------------------

    I hereby certify that the aforementioned determinations were issued 
during the period of May 2, 2011 through May 6, 2011. Copies of these 
determinations may be requested under the Freedom of Information Act. 
Requests may be submitted by fax, courier services, or mail to FOIA 
Disclosure Officer, Office of Trade Adjustment Assistance (ETA), U.S. 
Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 
or tofoiarequest@dol.gov. These determinations also are available on 
the Department's Web site at https://

[[Page 29800]]

www.doleta.gov/tradeact under the searchable listing of determinations.

    Dated: May 13, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-12583 Filed 5-20-11; 8:45 am]
BILLING CODE 4510-FN-P
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