Certain Powered Cover Plates; Issuance of a General Exclusion Order and Four Cease and Desist Orders; Termination of Investigation, 36614-36615 [2020-12994]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 36614 Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Notices bonding. On February 7, 2020, the parties, including OUII, filed written submissions in response to the notice, and on February 14, 2020, the parties filed responses thereto. Having examined the record of this investigation, including the FID, the RD, and the parties’ and non-parties’ submissions, the Commission has determined to affirm with modification the FID’s determination of a violation of section 337. Specifically, as explained in the Commission Opinion filed concurrently herewith, the Commission has determined to affirm with modification the FID’s findings with respect to the issues under review, i.e.: (1) Validity, infringement, and importation in connection with Complainant’s trade dress infringement claim; and (2) non-infringement and domestic industry with respect to Complainant’s claim of infringement of its registered trademarks. All findings in the FID that are not inconsistent with the Commission’s determination are affirmed. Accordingly, the Commission finds that there is a violation of section 337 with respect to Complainant’s trade dress infringement claim. The Commission has determined that the appropriate remedy is an LEO against Respondents’ infringing products, and CDOs against respondents M&M and MANA. The Commission has also determined that the public interest factors enumerated in subsections 337(d)(1) and (f)(1) (19 U.S.C. 1337(d)(1), (f)(1)) do not preclude the issuance of the LEO and CDOs. The Commission has further determined to set a bond during the period of Presidential review at ten (10) percent on unassembled Roxor components or one hundred (100) percent on the finished Roxor vehicle (19 U.S.C. 1337(j)). The Commission’s orders and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: June 11, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–12996 Filed 6–16–20; 8:45 am] BILLING CODE 7020–02–P VerDate Sep<11>2014 16:44 Jun 16, 2020 Jkt 250001 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1124] Certain Powered Cover Plates; Issuance of a General Exclusion Order and Four Cease and Desist Orders; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order (‘‘GEO’’) and four cease and desist orders (‘‘CDOs’’) in the above-captioned investigation. The Commission has terminated this investigation. SUMMARY: FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205–2392. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted the investigation on July 23, 2018, based on a complaint filed by SnapRays, LLC d/b/a SnapPower of Vineyard, UT (‘‘SnapPower,’’ or ‘‘Complainant’’). 83 FR 34871 (July 23, 2018). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain powered cover plates by reason of infringement of certain claims of U.S. Patent Nos. 9,871,324; 9,882,361 (‘‘the ’361 patent’’); 9,917,430; and U.S. Design Patent No. D819,426. Id. at 34872. The complaint further alleges that a domestic industry exists. Id. The Commission’s notice of investigation named the following respondents: (1) Ontel Products Corporation of Fairfield, New Jersey; (2) Dazone, LLC of Ontario, Canada (‘‘Dazone’’); (3) Shenzhen CMyway of Shenzhen, Guangdong, PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 China; (4) E-Zshop4u LLC of Howey in the Hills, Florida; (5) Desteny Store of Fort Meyers, Florida (‘‘Desteny’’); (6) Zhongshan Led-Up Light Co., Ltd. of Zhongshan, Guangdong, China; (7) AllTrade Tools LLC of Cypress, California; (8) Guangzhou Sailu Info Tech. Co., Ltd. of Guangzhou, Gunagdong, China; (9) Zhejiang NewEpoch Communication Industry Co., Ltd. of Yueging, Zhejiang, China (‘‘NEPCI’’); (10) KCC Industries of Eastvale, California; (11) Vistek Technology Co., Ltd. of Fuyong, Baoan, Shenzhen, China (‘‘Vistek’’); (12) Enstant Technology Co., Ltd. of Xixiang Baoan District, Shenzhen, China (‘‘Enstant’’); and (13) Manufacturers Components Incorporated of Pompano Beach, Florida (‘‘MCI’’). Id. The Office of Unfair Import Investigations is participating in the investigation. The Commission previously terminated the investigation as to, or found in default, all named respondents except Enstant and Vistek (collectively, ‘‘Enstant/Vistek’’). Order No. 5 (Sept. 26, 2018), non-reviewed Notice (Oct. 29, 2018); Order No. 6 (Sept. 26, 2018), nonreviewed Notice (Oct. 29, 2018); Order No. 8 (Sept. 28, 2018), non-reviewed Notice (Oct. 23, 2018); Order No. 12 (Oct. 2, 2018), non-reviewed Notice (Nov. 27, 2018); Order No. 18 (Nov. 28, 2018), non-reviewed Notice (Dec. 21, 2018); Order, No. 36 (Apr. 11, 2019), non-reviewed Notice (May 8, 2019). Respondents Enstant and Vistek chose not to contest importation and infringement. Similarly, there were no genuine disputes of material fact with respect to the technical prong of the domestic industry (‘‘DI’’) requirement. As a result, the presiding administrative law judge (‘‘ALJ’’) decided these legal issues against Enstant and Vistek and the Defaulting Respondents through orders granting complainant SnapPower’s motions for summary determination. See Order No. 39 (July 10, 2019) (Importation and Infringement); Order No. 40 (July 22, 2019) (Technical DI)). On August 12, 2019, the ALJ issued an ‘‘Initial Determination on Violation of Section 337 and Recommended Determination on Remedy and Bond’’ (‘‘ID/RD’’) finding a violation of section 337 with respect to the participating respondents Enstant and Vistek and defaulting respondents Dazone, Desteny, MCI, and NEPCI (collectively, ‘‘Defaulting Respondents’’) under all of the asserted patents. See ID/RD at 125– 26. The final ID notes that ‘‘Respondents Enstant and Vistek filed a motion for summary determination of noninfringement (‘Redesign SD Motion’) of E:\FR\FM\17JNN1.SGM 17JNN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 117 / Wednesday, June 17, 2020 / Notices [the ’361 patent] by Redesign Models P001 (Smart Wall Plate Charger, Decor Outlet, with USB charger) and P002 (Smart Wall Plate Charger, Duplex Outlet with USB charger).’’ ID/RD at 14. In the Redesign SD Motion, Enstant sought summary determination that powered cover plate model numbers P001 and P002 (‘‘Enstant’s Redesigns’’) do not infringe claims 1, 3–4, 10, 14, 17, 21, and 23–24 of the ’361 patent. Redesign SD Motion at 16. The final ID finds, however, that ‘‘Enstant’s and Vistek’s Redesign SD Motion was effectively rendered moot by rulings on Motions in Limine even though Enstant and Vistek’s Redesign SD Motion was granted during the March 29, 2019 Teleconference.’’ ID/RD at 14 (citing Tel. Tr. at 7:15–9:14 (Mar. 29, 2019)). The ALJ’s rulings on Motions in Limine addressed: (1) Enstant/Vistek’s Motion in Limine (‘‘Respondents’ MIL’’) to preclude Complainant SnapPower from asserting or providing evidence during the evidentiary hearing (‘‘Hearing’’) that the Enstant Redesigns infringe any SnapPower patents, Order No. 42 at 1 (Aug. 12, 2019) (citing Motion Docket No. 1124–041 (Feb. 19, 2019); Respondents’ MIL at 2); and (2) SnapPower’s Corrected Motion In Limine (‘‘SnapPower MIL’’) to preclude evidence of the Enstant Redesigns from the Hearing, and in the alternative, to permit SnapPower to assert infringement against the Redesigns by amending the Complaint and Notice of Investigation, Order No. 42 at 2 n. 2 (citing Motion Docket No. 1124–033 (Feb. 13, 2019), SnapPower MIL at 1). See also ID/RD at 14–15. On October 11, 2019, the Commission determined to review the final ID in part and to remand the investigation to the ALJ for a remand initial determination (‘‘RID’’) to address the final ID’s finding that Enstant/Vistek’s Redesign SD Motion is moot. 84 FR 55985–86 (Oct. 18, 2019). By not reviewing the relevant portion of the final ID, see id. at 55986, the Commission found a violation of section 337 with respect to participating respondents Enstant and Vistek, and the Defaulting Respondents Dazone, Desteny, NEPCI, and MCI. See id. at 55985–86. See also ID/RD at 3–4, 125– 26. On January 30, 2020, the ALJ issued an RID, granting Enstant’s Redesign SD Motion. Specifically. the RID finds that there is no dispute that Enstant’s Redesigns do not infringe claims 1, 3– 4, 10, 14, 17, 21, and 23–24 of the ’361 patent—the only patent asserted against Enstant’s Redesigns. RID at 15–20. No party petitioned for review of the RID. The Commission determined not to VerDate Sep<11>2014 16:44 Jun 16, 2020 Jkt 250001 review the RID. See 85 FR 21457–59 (Apr. 17, 2020) (‘‘Commission Notice’’). The Commission also requested written submissions on remedy, the public interest, and bonding. Id. at 21458–59. On March 30, 2020, all parties to the investigation filed their opening written submissions on remedy, the public interest, and bonding. On April 7, 2020, all parties filed their responsive written submissions. No other submissions were received by the Commission. Having examined the record in this investigation, including the parties’ submissions on remedy, the public interest, and bonding filed in response to the Commission Notice, the Commission has determined that the appropriate form of relief in this investigation is: (1) A GEO prohibiting the unlicensed entry of infringing powered cover plates, which are electrical receptacle covers with built-in functionality, that infringe one or more of claims 1, 4, 8, 9, 10, 13, 17, and 19 of the ’324 patent; claims 1, 4, 10, 14, 21, 23, and 24 of the ’361 patent; claims 1, 2, 3, 7, 18, and 19 of the’430 patent; and the claim of the D’426 patent that are manufactured, and imported from, abroad; and (b) CDOs directed at Respondents Dazone, Desteny, MCI, and NEPCI, and their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns. As noted above, Enstant’s Redesigns do not fall within the scope of these remedial orders with respect to the asserted claims of the 361 patent. The Commission has further determined that the public interest factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude issuance of the abovereferenced remedial orders. Additionally, the Commission has determined to impose a bond of one hundred (100) percent of entered value of the covered products during the period of Presidential review (19 U.S.C. 1337(j)). The investigation is terminated. The Commission vote for this determination took place on June 11, 2020. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: June 11, 2020. Lisa Barton, Secretary to the Commission. [FR Doc. 2020–12994 Filed 6–16–20; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 36615 INTERNATIONAL TRADE COMMISSION [Investigation No. TPA–105–008] Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Update; Notice of Institution of Investigation and Schedule of a Public Hearing U.S. International Trade Commission. ACTION: Notice of investigation and scheduling of a public hearing. AGENCY: The Commission has instituted Investigation No. TPA–105– 008, Economic Impact of Trade Agreements Implemented Under Trade Authorities Procedures, 2021 Report, for the purpose of preparing the second of two reports required by section 105(f)(2) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015. Section 105(f)(2) requires that the Commission submit to the House Committee on Ways and Means and the Senate Committee on Finance two reports, one by June 29, 2016, and a second by June 29, 2021, on the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984. DATES: September 21, 2020: Deadline for filing requests to appear at the public hearing. September 25, 2020: Deadline for filing prehearing briefs and statements. October 6, 2020: Public hearing. October 23, 2020: Deadline for filing post-hearing briefs and statements. November 6, 2020: Deadline for filing all other written submissions. June 29, 2021: Transmittal of Commission report to the Committees. ADDRESSES: All Commission offices, including the Commission’s hearing rooms, are located in the U.S. International Trade Commission Building, 500 E Street SW, Washington, DC. All written submissions should be submitted electronically and addressed to the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: Project Leaders Tamara Gurevich (202– 205–3403 or tamara.gurevich@usitc.gov) or David Guberman (202–708–1396 or david.guberman@usitc.gov) for information specific to this SUMMARY: E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Pages 36614-36615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12994]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1124]


Certain Powered Cover Plates; Issuance of a General Exclusion 
Order and Four Cease and Desist Orders; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue a general exclusion order (``GEO'') 
and four cease and desist orders (``CDOs'') in the above-captioned 
investigation. The Commission has terminated this investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. Hearing-impaired persons are advised that information on 
this matter can be obtained by contacting the Commission's TDD terminal 
on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted the investigation 
on July 23, 2018, based on a complaint filed by SnapRays, LLC d/b/a 
SnapPower of Vineyard, UT (``SnapPower,'' or ``Complainant''). 83 FR 
34871 (July 23, 2018). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 (``section 337''), in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain powered cover plates by reason of 
infringement of certain claims of U.S. Patent Nos. 9,871,324; 9,882,361 
(``the '361 patent''); 9,917,430; and U.S. Design Patent No. D819,426. 
Id. at 34872. The complaint further alleges that a domestic industry 
exists. Id. The Commission's notice of investigation named the 
following respondents: (1) Ontel Products Corporation of Fairfield, New 
Jersey; (2) Dazone, LLC of Ontario, Canada (``Dazone''); (3) Shenzhen 
C-Myway of Shenzhen, Guangdong, China; (4) E-Zshop4u LLC of Howey in 
the Hills, Florida; (5) Desteny Store of Fort Meyers, Florida 
(``Desteny''); (6) Zhongshan Led-Up Light Co., Ltd. of Zhongshan, 
Guangdong, China; (7) AllTrade Tools LLC of Cypress, California; (8) 
Guangzhou Sailu Info Tech. Co., Ltd. of Guangzhou, Gunagdong, China; 
(9) Zhejiang New-Epoch Communication Industry Co., Ltd. of Yueging, 
Zhejiang, China (``NEPCI''); (10) KCC Industries of Eastvale, 
California; (11) Vistek Technology Co., Ltd. of Fuyong, Baoan, 
Shenzhen, China (``Vistek''); (12) Enstant Technology Co., Ltd. of 
Xixiang Baoan District, Shenzhen, China (``Enstant''); and (13) 
Manufacturers Components Incorporated of Pompano Beach, Florida 
(``MCI''). Id. The Office of Unfair Import Investigations is 
participating in the investigation.
    The Commission previously terminated the investigation as to, or 
found in default, all named respondents except Enstant and Vistek 
(collectively, ``Enstant/Vistek''). Order No. 5 (Sept. 26, 2018), non-
reviewed Notice (Oct. 29, 2018); Order No. 6 (Sept. 26, 2018), non-
reviewed Notice (Oct. 29, 2018); Order No. 8 (Sept. 28, 2018), non-
reviewed Notice (Oct. 23, 2018); Order No. 12 (Oct. 2, 2018), non-
reviewed Notice (Nov. 27, 2018); Order No. 18 (Nov. 28, 2018), non-
reviewed Notice (Dec. 21, 2018); Order, No. 36 (Apr. 11, 2019), non-
reviewed Notice (May 8, 2019).
    Respondents Enstant and Vistek chose not to contest importation and 
infringement. Similarly, there were no genuine disputes of material 
fact with respect to the technical prong of the domestic industry 
(``DI'') requirement. As a result, the presiding administrative law 
judge (``ALJ'') decided these legal issues against Enstant and Vistek 
and the Defaulting Respondents through orders granting complainant 
SnapPower's motions for summary determination. See Order No. 39 (July 
10, 2019) (Importation and Infringement); Order No. 40 (July 22, 2019) 
(Technical DI)).
    On August 12, 2019, the ALJ issued an ``Initial Determination on 
Violation of Section 337 and Recommended Determination on Remedy and 
Bond'' (``ID/RD'') finding a violation of section 337 with respect to 
the participating respondents Enstant and Vistek and defaulting 
respondents Dazone, Desteny, MCI, and NEPCI (collectively, ``Defaulting 
Respondents'') under all of the asserted patents. See ID/RD at 125-26.
    The final ID notes that ``Respondents Enstant and Vistek filed a 
motion for summary determination of non-infringement (`Redesign SD 
Motion') of

[[Page 36615]]

[the '361 patent] by Redesign Models P001 (Smart Wall Plate Charger, 
Decor Outlet, with USB charger) and P002 (Smart Wall Plate Charger, 
Duplex Outlet with USB charger).'' ID/RD at 14. In the Redesign SD 
Motion, Enstant sought summary determination that powered cover plate 
model numbers P001 and P002 (``Enstant's Redesigns'') do not infringe 
claims 1, 3-4, 10, 14, 17, 21, and 23-24 of the '361 patent. Redesign 
SD Motion at 16. The final ID finds, however, that ``Enstant's and 
Vistek's Redesign SD Motion was effectively rendered moot by rulings on 
Motions in Limine even though Enstant and Vistek's Redesign SD Motion 
was granted during the March 29, 2019 Teleconference.'' ID/RD at 14 
(citing Tel. Tr. at 7:15-9:14 (Mar. 29, 2019)).
    The ALJ's rulings on Motions in Limine addressed: (1) Enstant/
Vistek's Motion in Limine (``Respondents' MIL'') to preclude 
Complainant SnapPower from asserting or providing evidence during the 
evidentiary hearing (``Hearing'') that the Enstant Redesigns infringe 
any SnapPower patents, Order No. 42 at 1 (Aug. 12, 2019) (citing Motion 
Docket No. 1124-041 (Feb. 19, 2019); Respondents' MIL at 2); and (2) 
SnapPower's Corrected Motion In Limine (``SnapPower MIL'') to preclude 
evidence of the Enstant Redesigns from the Hearing, and in the 
alternative, to permit SnapPower to assert infringement against the 
Redesigns by amending the Complaint and Notice of Investigation, Order 
No. 42 at 2 n. 2 (citing Motion Docket No. 1124-033 (Feb. 13, 2019), 
SnapPower MIL at 1). See also ID/RD at 14-15.
    On October 11, 2019, the Commission determined to review the final 
ID in part and to remand the investigation to the ALJ for a remand 
initial determination (``RID'') to address the final ID's finding that 
Enstant/Vistek's Redesign SD Motion is moot. 84 FR 55985-86 (Oct. 18, 
2019).
    By not reviewing the relevant portion of the final ID, see id. at 
55986, the Commission found a violation of section 337 with respect to 
participating respondents Enstant and Vistek, and the Defaulting 
Respondents Dazone, Desteny, NEPCI, and MCI. See id. at 55985-86. See 
also ID/RD at 3-4, 125-26.
    On January 30, 2020, the ALJ issued an RID, granting Enstant's 
Redesign SD Motion. Specifically. the RID finds that there is no 
dispute that Enstant's Redesigns do not infringe claims 1, 3-4, 10, 14, 
17, 21, and 23-24 of the '361 patent--the only patent asserted against 
Enstant's Redesigns. RID at 15-20. No party petitioned for review of 
the RID. The Commission determined not to review the RID. See 85 FR 
21457-59 (Apr. 17, 2020) (``Commission Notice''). The Commission also 
requested written submissions on remedy, the public interest, and 
bonding. Id. at 21458-59.
    On March 30, 2020, all parties to the investigation filed their 
opening written submissions on remedy, the public interest, and 
bonding. On April 7, 2020, all parties filed their responsive written 
submissions. No other submissions were received by the Commission.
    Having examined the record in this investigation, including the 
parties' submissions on remedy, the public interest, and bonding filed 
in response to the Commission Notice, the Commission has determined 
that the appropriate form of relief in this investigation is: (1) A GEO 
prohibiting the unlicensed entry of infringing powered cover plates, 
which are electrical receptacle covers with built-in functionality, 
that infringe one or more of claims 1, 4, 8, 9, 10, 13, 17, and 19 of 
the '324 patent; claims 1, 4, 10, 14, 21, 23, and 24 of the '361 
patent; claims 1, 2, 3, 7, 18, and 19 of the'430 patent; and the claim 
of the D'426 patent that are manufactured, and imported from, abroad; 
and (b) CDOs directed at Respondents Dazone, Desteny, MCI, and NEPCI, 
and their affiliated companies, parents, subsidiaries, or other related 
business entities, or their successors or assigns. As noted above, 
Enstant's Redesigns do not fall within the scope of these remedial 
orders with respect to the asserted claims of the 361 patent.
    The Commission has further determined that the public interest 
factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C. 
1337(d)(l), (f)(1)) do not preclude issuance of the above-referenced 
remedial orders. Additionally, the Commission has determined to impose 
a bond of one hundred (100) percent of entered value of the covered 
products during the period of Presidential review (19 U.S.C. 1337(j)).
    The investigation is terminated.
    The Commission vote for this determination took place on June 11, 
2020.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: June 11, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-12994 Filed 6-16-20; 8:45 am]
BILLING CODE 7020-02-P

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