Certain Steel Nails From the People's Republic of China: Final Rescission of Antidumping Duty New Shipper Review, 75871-75872 [2011-31061]

Download as PDF Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Notices and strip from Korea on July 28, 2011.1 This review covers one company, Kolon Industries, Inc. (Kolon) for the period of review (POR) of June 1, 2010, through May 31, 2011. On November 18, 2011, the Department published in the Federal Register notice of revocation of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from Korea with regard to Kolon, effective June 1, 2010.2 Based on the revocation of the order with regard to Kolon, we are now rescinding this administrative review. DATES: Effective Date: December 5, 2011. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Robert James, AD/ CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1131 or (202) 482– 0649, respectively. SUPPLEMENTARY INFORMATION: Background The petitioners in this proceeding are DuPont Teijin Films, Mitsubishi Polyester Film, Inc., and Toray Plastics (America) Inc. (collectively Petitioners). On July 28, 2010, in response to requests by Kolon and Petitioners, the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from Korea covering the period June 1, 2010, through May 31, 2011. See Initiation Notice. On November 18, 2011, the Department published in the Federal Register notice of revocation of the antidumping duty order on polyethylene terephthalate film, sheet, and strip from Korea with regard to Kolon, effective June 1, 2010. See Final Results and Revocation in Part. Rescission of Review Pursuant to the revocation of the order with regard to Kolon effective June 1, 2010, we are rescinding this administrative review. jlentini on DSK4TPTVN1PROD with NOTICES Jkt 226001 This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, 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. This notice is issued and published in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: November 29, 2011. Gary Taverman, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–31148 Filed 12–2–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is currently conducting a new shipper review (‘‘NSR’’) of the antidumping duty order on certain steel nails (‘‘nails’’) from the People’s Republic of China (‘‘PRC’’). On September 12, 2011, we published in the Federal Register our preliminary notice to rescind the NSR with respect AGENCY: 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, Requests for Revocations in Part and Deferral of Administrative Reviews, 76 FR 45227 (July 28, 2011) (Initiation Notice). 2 See Polyethylene Terephthalate Film, Sheet, and Strip from Korea: Final Results of Antidumping Duty Administrative Review and Revocation in Part, 76 FR 71512, (18, November, 2011) (Final Results and Revocation in Part). 16:52 Dec 02, 2011 Notifications Certain Steel Nails From the People’s Republic of China: Final Rescission of Antidumping Duty New Shipper Review Assessment Pursuant to the revocation of the order with regard to Kolon effective VerDate Mar<15>2010 June 1, 2010, and in accordance with 19 CFR 351.222(f)(3), the Department will order the termination of suspension of liquidation of entries of polyethylene terephthalate film, sheet, and strip from Korea produced by Kolon, effective June 1, 2010, as indicated in Final Results and Revocation in Part. Entries of polyethylene terephthalate film, sheet, and strip from Korea produced by Kolon on or after June 1, 2010, will be liquidated without regard to antidumping duties. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 75871 to Shanghai Colour 1 on the basis that its sale to the United States did not constitute a bona fide transaction.2 Because we received no comments or new information after the publication of our intent to rescind this NSR, we have made no changes to our preliminary decision. Therefore, we have determined that this NSR should be rescinded. DATES: Effective Date: December 5, 2011. FOR FURTHER INFORMATION CONTACT: Ricardo Martinez Rivera, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4532. SUPPLEMENTARY INFORMATION: Background On August 31, 2011,3 the Department preliminarily rescinded this NSR because we determined that Shanghai Colour’s single sale to the United States was not a bona fide transaction. On September 19, 2011, the Department received a letter from Shanghai Colour stating that it no longer intended to continue participating in the NSR.4 Scope of Order The merchandise covered by the order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. Certain steel nails may be of one piece construction or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, whether by electroplating or hot dipping one or more times), 1 Shanghai Colour Nail Co., Ltd. (aka, Shanghai Colour Nail Import & Export Co., Ltd.), and Wuxi Colour Nail Co., Ltd. (collectively ‘‘Shanghai Colour’’). 2 See Certain Steel Nails From the People’s Republic of China: Preliminary Results and Preliminary Rescission, in Part, of the Antidumping Duty Administrative Review and Preliminary Intent To Rescind New Shipper Review, 76 FR 56147, 56148 (September 12, 2011). 3 On August 31, 2011, the Department released the preliminary notice to interested parties. However, the Department was not able to publish this notice in the Federal Register until September 12, 2011, because of issues related to the Department’s transition into IA Access, an electronic record management system. See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). 4 See Letter to the Secretary of Commerce: Notice to Withdraw from Representation, from Shanghai Colour, dated September 19, 2011. E:\FR\FM\05DEN1.SGM 05DEN1 jlentini on DSK4TPTVN1PROD with NOTICES 75872 Federal Register / Vol. 76, No. 233 / Monday, December 5, 2011 / Notices phosphate cement, and paint. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted shank styles. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the fastener using a tool that engages with the head. Point styles include, but are not limited to, diamond, blunt, needle, chisel and no point. Finished nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire. Certain steel nails subject to this proceeding are currently classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 7317.00.55, 7317.00.65 and 7317.00.75. Excluded from the scope are steel roofing nails of all lengths and diameter, whether collated or in bulk, and whether or not galvanized. Steel roofing nails are specifically enumerated and identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails. Also excluded from the scope are the following steel nails: (1) Non-collated (i.e., hand-driven or bulk), two-piece steel nails having plastic or steel washers (caps) already assembled to the nail, having a bright or galvanized finish, a ring, fluted or spiral shank, an actual length of 0.500’’ to 8’’, inclusive; and an actual shank diameter of 0.1015’’ to 0.166’’, inclusive; and an actual washer or cap diameter of 0.900’’ to 1.10’’, inclusive; (2) Non-collated (i.e., hand-driven or bulk), steel nails having a bright or galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500’’ to 4’’, inclusive; an actual shank diameter of 0.1015’’ to 0.166’’, inclusive; and an actual head diameter of 0.3375’’ to 0.500’’, inclusive; (3) Wire collated steel nails, in coils, having a galvanized finish, a smooth, barbed or ringed shank, an actual length of 0.500’’ to 1.75’’, inclusive; an actual shank diameter of 0.116’’ to 0.166’’, inclusive; and an actual head diameter of 0.3375’’ to 0.500’’, inclusive; and (4) Noncollated (i.e., hand-driven or bulk), steel nails having a convex head (commonly known as an umbrella head), a smooth or spiral shank, a galvanized finish, an actual length of 1.75’’ to 3’’, inclusive; an actual shank diameter of 0.131’’ to 0.152’’, inclusive; and an actual head diameter of 0.450’’ to 0.813’’, inclusive.5 5 As the result of a changed circumstances review, the Department partially revoked the order with respect to these four specific types of steel nails, effective August 1, 2009. See Certain Steel Nails from the People’s Republic of China: Final Results VerDate Mar<15>2010 16:52 Dec 02, 2011 Jkt 226001 Also excluded from the scope of this proceeding are corrugated nails. A corrugated nail is made of a small strip of corrugated steel with sharp points on one side. Also excluded from the scope of this proceeding are fasteners suitable for use in powder-actuated hand tools, not threaded and threaded, which are currently classified under HTSUS 7317.00.20 and 7317.00.30. Also excluded from the scope of this proceeding are thumb tacks, which are currently classified under HTSUS 7317.00.10.00. Also excluded from the scope of this proceeding are certain brads and finish nails that are equal to or less than 0.0720 inches in shank diameter, round or rectangular in cross section, between 0.375 inches and 2.5 inches in length, and that are collated with adhesive or polyester film tape backed with a heat seal adhesive. Also excluded from the scope of this proceeding are fasteners having a case hardness greater than or equal to 50 HRC, a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduceddiameter raised head section, a centered shank, and a smooth symmetrical point, suitable for use in gas-actuated hand tools. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Period of Review The period of review (‘‘POR’’) is August 1, 2009, through August 5, 2010. Final Rescission of Review As discussed in the memorandum regarding the bona fide sales analysis, the Department has determined that Shanghai Colour’s single sale to the United States does not constitute a bona fide sale.6 The Department also placed on the record and considered other relevant information indicating that Shanghai Colour may not be eligible for an NSR, and provided Shanghai Colour an opportunity to respond to that information.7 Shanghai Colour did not respond to or rebut this information. Therefore, for the reasons stated above, of Antidumping Duty Changed Circumstances Review, 76 FR 30101 (May 24, 2011). 6 See Memorandum to James C. Doyle, Office 9, Director, through Matthew Renkey, Office 9, Acting Program Manager, from Ricardo Martinez Rivera, International Trade Compliance Analyst, Certain Steel Nails from the People’s Republic of China: Bona Fide Nature of the Sale under Review for Shanghai Colour, dated August 31, 2011. 7 See Memorandum to the File, through Matthew Renkey, Office 9, Acting Program Manager, from Ricardo Martinez Rivera, International Trade Compliance Analyst, Certain Steel Nails from the People’s Republic of China: Consideration of Additional Factual Information, dated August 31, 2011. PO 00000 Frm 00013 Fmt 4703 Sfmt 9990 we are rescinding this NSR. As the Department is rescinding this NSR, we are not calculating a company-specific rate for Shanghai Colour; it will remain part of the PRC-wide entity. Changes Since the Preliminary Results We have made no changes to our preliminary decision to rescind the NSR of Shanghai Colour. While the Department normally issues a separate Issues and Decision Memorandum, which accompanies a final results/ rescission notice published in the Federal Register, we have not done so here because we received no comments since publication of our preliminary intent to rescind. Assessment of Antidumping Duties Because the Department is rescinding this review, a cash deposit of 118.04 percent ad valorem,8 shall be collected for any entries produced or exported by Shanghai Colour. The Department intends to issue appropriate assessment instructions directly to CBP after 15 days from the publication of the final results of the second antidumping duty review of steel nails from the PRC. Notification to Interested Parties This notice serves as the final reminder to importers of their responsibility under 19 CFR 351.402(f) 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 in the subsequent assessment of double antidumping duties. This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return/destruction or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO. This notice is published in accordance with sections 751(a)(2)(B) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(f)(3). Dated: November 21, 2011. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2011–31061 Filed 12–2–11; 8:45 am] BILLING CODE 3510–DS–P 8 See Notice of Antidumping Order: Certain Steel Nails from the People’s Republic of China, 73 FR 44961, 44963 (August 1, 2008). E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Notices]
[Pages 75871-75872]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31061]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-909]


Certain Steel Nails From the People's Republic of China: Final 
Rescission of Antidumping Duty New Shipper Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is currently 
conducting a new shipper review (``NSR'') of the antidumping duty order 
on certain steel nails (``nails'') from the People's Republic of China 
(``PRC''). On September 12, 2011, we published in the Federal Register 
our preliminary notice to rescind the NSR with respect to Shanghai 
Colour \1\ on the basis that its sale to the United States did not 
constitute a bona fide transaction.\2\ Because we received no comments 
or new information after the publication of our intent to rescind this 
NSR, we have made no changes to our preliminary decision. Therefore, we 
have determined that this NSR should be rescinded.
---------------------------------------------------------------------------

    \1\ Shanghai Colour Nail Co., Ltd. (aka, Shanghai Colour Nail 
Import & Export Co., Ltd.), and Wuxi Colour Nail Co., Ltd. 
(collectively ``Shanghai Colour'').
    \2\ See Certain Steel Nails From the People's Republic of China: 
Preliminary Results and Preliminary Rescission, in Part, of the 
Antidumping Duty Administrative Review and Preliminary Intent To 
Rescind New Shipper Review, 76 FR 56147, 56148 (September 12, 2011).

---------------------------------------------------------------------------
DATES: Effective Date: December 5, 2011.

FOR FURTHER INFORMATION CONTACT: Ricardo Martinez Rivera, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4532.

SUPPLEMENTARY INFORMATION:

Background

    On August 31, 2011,\3\ the Department preliminarily rescinded this 
NSR because we determined that Shanghai Colour's single sale to the 
United States was not a bona fide transaction. On September 19, 2011, 
the Department received a letter from Shanghai Colour stating that it 
no longer intended to continue participating in the NSR.\4\
---------------------------------------------------------------------------

    \3\ On August 31, 2011, the Department released the preliminary 
notice to interested parties. However, the Department was not able 
to publish this notice in the Federal Register until September 12, 
2011, because of issues related to the Department's transition into 
IA Access, an electronic record management system. See Antidumping 
and Countervailing Duty Proceedings: Electronic Filing Procedures; 
Administrative Protective Order Procedures, 76 FR 39263 (July 6, 
2011).
    \4\ See Letter to the Secretary of Commerce: Notice to Withdraw 
from Representation, from Shanghai Colour, dated September 19, 2011.
---------------------------------------------------------------------------

Scope of Order

    The merchandise covered by the order includes certain steel nails 
having a shaft length up to 12 inches. Certain steel nails include, but 
are not limited to, nails made of round wire and nails that are cut. 
Certain steel nails may be of one piece construction or constructed of 
two or more pieces. Certain steel nails may be produced from any type 
of steel, and have a variety of finishes, heads, shanks, point types, 
shaft lengths and shaft diameters. Finishes include, but are not 
limited to, coating in vinyl, zinc (galvanized, whether by 
electroplating or hot dipping one or more times),

[[Page 75872]]

phosphate cement, and paint. Head styles include, but are not limited 
to, flat, projection, cupped, oval, brad, headless, double, 
countersunk, and sinker. Shank styles include, but are not limited to, 
smooth, barbed, screw threaded, ring shank and fluted shank styles. 
Screw-threaded nails subject to this proceeding are driven using direct 
force and not by turning the fastener using a tool that engages with 
the head. Point styles include, but are not limited to, diamond, blunt, 
needle, chisel and no point. Finished nails may be sold in bulk, or 
they may be collated into strips or coils using materials such as 
plastic, paper, or wire. Certain steel nails subject to this proceeding 
are currently classified under the Harmonized Tariff Schedule of the 
United States (``HTSUS'') subheadings 7317.00.55, 7317.00.65 and 
7317.00.75.
    Excluded from the scope are steel roofing nails of all lengths and 
diameter, whether collated or in bulk, and whether or not galvanized. 
Steel roofing nails are specifically enumerated and identified in ASTM 
Standard F 1667 (2005 revision) as Type I, Style 20 nails. Also 
excluded from the scope are the following steel nails: (1) Non-collated 
(i.e., hand-driven or bulk), two-piece steel nails having plastic or 
steel washers (caps) already assembled to the nail, having a bright or 
galvanized finish, a ring, fluted or spiral shank, an actual length of 
0.500'' to 8'', inclusive; and an actual shank diameter of 0.1015'' to 
0.166'', inclusive; and an actual washer or cap diameter of 0.900'' to 
1.10'', inclusive; (2) Non-collated (i.e., hand-driven or bulk), steel 
nails having a bright or galvanized finish, a smooth, barbed or ringed 
shank, an actual length of 0.500'' to 4'', inclusive; an actual shank 
diameter of 0.1015'' to 0.166'', inclusive; and an actual head diameter 
of 0.3375'' to 0.500'', inclusive; (3) Wire collated steel nails, in 
coils, having a galvanized finish, a smooth, barbed or ringed shank, an 
actual length of 0.500'' to 1.75'', inclusive; an actual shank diameter 
of 0.116'' to 0.166'', inclusive; and an actual head diameter of 
0.3375'' to 0.500'', inclusive; and (4) Non-collated (i.e., hand-driven 
or bulk), steel nails having a convex head (commonly known as an 
umbrella head), a smooth or spiral shank, a galvanized finish, an 
actual length of 1.75'' to 3'', inclusive; an actual shank diameter of 
0.131'' to 0.152'', inclusive; and an actual head diameter of 0.450'' 
to 0.813'', inclusive.\5\
---------------------------------------------------------------------------

    \5\ As the result of a changed circumstances review, the 
Department partially revoked the order with respect to these four 
specific types of steel nails, effective August 1, 2009. See Certain 
Steel Nails from the People's Republic of China: Final Results of 
Antidumping Duty Changed Circumstances Review, 76 FR 30101 (May 24, 
2011).
---------------------------------------------------------------------------

    Also excluded from the scope of this proceeding are corrugated 
nails. A corrugated nail is made of a small strip of corrugated steel 
with sharp points on one side. Also excluded from the scope of this 
proceeding are fasteners suitable for use in powder-actuated hand 
tools, not threaded and threaded, which are currently classified under 
HTSUS 7317.00.20 and 7317.00.30. Also excluded from the scope of this 
proceeding are thumb tacks, which are currently classified under HTSUS 
7317.00.10.00.
    Also excluded from the scope of this proceeding are certain brads 
and finish nails that are equal to or less than 0.0720 inches in shank 
diameter, round or rectangular in cross section, between 0.375 inches 
and 2.5 inches in length, and that are collated with adhesive or 
polyester film tape backed with a heat seal adhesive. Also excluded 
from the scope of this proceeding are fasteners having a case hardness 
greater than or equal to 50 HRC, a carbon content greater than or equal 
to 0.5 percent, a round head, a secondary reduced-diameter raised head 
section, a centered shank, and a smooth symmetrical point, suitable for 
use in gas-actuated hand tools. While the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the scope of this proceeding is dispositive.

Period of Review

    The period of review (``POR'') is August 1, 2009, through August 5, 
2010.

Final Rescission of Review

    As discussed in the memorandum regarding the bona fide sales 
analysis, the Department has determined that Shanghai Colour's single 
sale to the United States does not constitute a bona fide sale.\6\ The 
Department also placed on the record and considered other relevant 
information indicating that Shanghai Colour may not be eligible for an 
NSR, and provided Shanghai Colour an opportunity to respond to that 
information.\7\ Shanghai Colour did not respond to or rebut this 
information. Therefore, for the reasons stated above, we are rescinding 
this NSR. As the Department is rescinding this NSR, we are not 
calculating a company-specific rate for Shanghai Colour; it will remain 
part of the PRC-wide entity.
---------------------------------------------------------------------------

    \6\ See Memorandum to James C. Doyle, Office 9, Director, 
through Matthew Renkey, Office 9, Acting Program Manager, from 
Ricardo Martinez Rivera, International Trade Compliance Analyst, 
Certain Steel Nails from the People's Republic of China: Bona Fide 
Nature of the Sale under Review for Shanghai Colour, dated August 
31, 2011.
    \7\ See Memorandum to the File, through Matthew Renkey, Office 
9, Acting Program Manager, from Ricardo Martinez Rivera, 
International Trade Compliance Analyst, Certain Steel Nails from the 
People's Republic of China: Consideration of Additional Factual 
Information, dated August 31, 2011.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    We have made no changes to our preliminary decision to rescind the 
NSR of Shanghai Colour. While the Department normally issues a separate 
Issues and Decision Memorandum, which accompanies a final results/
rescission notice published in the Federal Register, we have not done 
so here because we received no comments since publication of our 
preliminary intent to rescind.

Assessment of Antidumping Duties

    Because the Department is rescinding this review, a cash deposit of 
118.04 percent ad valorem,\8\ shall be collected for any entries 
produced or exported by Shanghai Colour. The Department intends to 
issue appropriate assessment instructions directly to CBP after 15 days 
from the publication of the final results of the second antidumping 
duty review of steel nails from the PRC.
---------------------------------------------------------------------------

    \8\ See Notice of Antidumping Order: Certain Steel Nails from 
the People's Republic of China, 73 FR 44961, 44963 (August 1, 2008).
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice serves as the final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 in the subsequent 
assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO.
    This notice is published in accordance with sections 751(a)(2)(B) 
and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.214(f)(3).

    Dated: November 21, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-31061 Filed 12-2-11; 8:45 am]
BILLING CODE 3510-DS-P

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