Certain Activated Carbon From the People's Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 56248-56249 [2021-22052]

Download as PDF 56248 Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the Federal Register. Notification Regarding Administrative Protective Order This notice serves as a final 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, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of the APO materials, or conversion to judicial protective order is hereby requested. Failure to comply with regulations and terms of an APO is a violation, which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4). Dated: October 5, 2021. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2021–22033 Filed 10–7–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–904] Certain Activated Carbon From the People’s Republic of China: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) of the antidumping duty (AD) order on certain activated carbon (activated carbon) from the People’s Republic of China (China). Further, Commerce preliminarily determines that Ningxia Huahui Environmental Technology Co., Ltd. (Huahui Environmental) is the successor-in-interest to Ningxia Huahui Activated Carbon Co., Ltd. (Ningxia Huahui), and should be assigned the same AD cash deposit rate for purposes of determining AD liability on activated carbon from China. Interested parties jspears on DSK121TN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 17:07 Oct 07, 2021 Jkt 256001 are invited to comment on these preliminary results. DATES: Applicable October 8, 2021. FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0339. SUPPLEMENTARY INFORMATION: Background On April 27, 2007, Commerce published the AD order on activated carbon from China, which included Ningxia Huahui.1 Pursuant to the Order, Commerce assigned Ningxia Huahui an AD cash deposit rate, of 67.14 percent, based on the non-selected respondent rate.2 In the most recently completed administrative review covering the period April 1, 2018, through March 31, 2019, we assigned Ningxia Huahui a separate rate, as a non-individually examined exporter under review.3 On August 20, 2021, Huahui Environmental requested that Commerce conduct a CCR of the Order to confirm that ‘‘Ningxia Huahui Environmental Technology Co., Ltd.’’ is the successor-in-interest to Ningxia Huahui and that it be subject to Ningxia Huahui’s AD margin for activated carbon from China.4 No interested parties filed comments opposing the CCR request. Scope of the Order The merchandise covered by the scope of this order is activated carbon. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.5 Methodology We are conducting this CCR in accordance with section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216. For a full 1 See Notice of Antidumping Duty Order: Certain Activated Carbon from the People’s Republic of China, 72 FR 20988 (April 27, 2007) (Order). 2 See Order, 72 FR at 20990. 3 See Certain Activated Carbon from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Final Rescission of Administrative Review, in Part; 2018–2019, 86 FR 10539 (February 22, 2021). 4 See Ningxia Huahui’s Letter, ‘‘Activated Carbon from the People’s Republic of China—Ningxia Huahui Changed Circumstances Review,’’ dated August 20, 2021 (CCR Request). 5 See Memorandum, ‘‘Decision Memorandum for the Initiation and Preliminary Results of the Changed Circumstances Review of the Antidumping Duty Order on Certain Activated Carbon from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is included as an appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at https://enforcement.trade.gov/frn/. Initiation and Preliminary Results of CCR Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216, Commerce will conduct a CCR upon receipt of information concerning, or a request from an interested party for a review of, an AD order which shows changed circumstances sufficient to warrant a review of the order. The information submitted by Huahui Environmental supporting its claim that Huahui Environmental should be treated as the successor-in-interest to Ningxia Huahui, demonstrates changed circumstances sufficient to warrant such a review.6 Therefore, in accordance with 751(b)(1)(A) of the Act and 19 CFR 351.216(d), we are initiating a CCR based on the information contained in the CCR request. Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce can combine the notice of initiation of a CCR and the notice of preliminary results of a CCR into a single notice if Commerce concludes that expedited action is warranted. In this instance, because the record contains the information necessary to make a preliminary finding, we find that expedited action is warranted and have combined the notice of initiation and the notice of preliminary results.7 In this CCR, pursuant to section 751(b) of the Act, Commerce conducted a successor-in-interest analysis. In making a successor-in-interest determination, Commerce examines several factors, including, but not limited to, changes in the following: (1) Management; (2) production facilities; (3) supplier 6 See 19 CFR 351.216(d). 19 CFR 351.221(c)(3)(ii); see also, e.g., Notice of Initiation and Preliminary Results of Changed Circumstances Reviews: Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China, 85 FR 5193 (January 29, 2020), unchanged in Certain Passenger Vehicle and Light Truck Tires from the People’s Republic of China: Final Results of Changed Circumstances Reviews, 85 FR 14638 (March 13, 2020). 7 See E:\FR\FM\08OCN1.SGM 08OCN1 Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Notices relationships; and (4) customer base.8 While no single factor or combination of factors will necessarily provide a dispositive indication of a successor-ininterest relationship, generally, Commerce will consider the new company to be the successor to the previous company if the new company’s resulting operation is not materially dissimilar to that of its predecessor.9 Thus, if the record evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the predecessor company, Commerce may assign the new company the cash deposit rate of its predecessor.10 We preliminarily determine that Huahui Environmental is the successorin-interest to Ningxia Huahui. Record evidence, as submitted by Huahui Environmental, indicates that Huahui Environmental operates as essentially the same business entity as Ningxia Huahui with respect to the subject merchandise.11 For the complete successor-in-interest analysis, see the Preliminary Decision Memorandum. Should our final results remain unchanged from these preliminary results, we will instruct U.S. Customs and Border Protection to assign entries of subject merchandise exported by Huahui Environmental the AD cash deposit rate applicable to Ningxia Huahui (i.e., 0.65 U.S. dollars/kilogram). Commerce will issue its final results of the review in accordance with the time limits set forth in 19 CFR 351.216(e). Public Comment Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 14 days of publication of this notice.12 In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 14 days after the date of publication of this notice.13 Rebuttal briefs, limited to issues raised in the case briefs, may be jspears on DSK121TN23PROD with NOTICES1 8 See, e.g., Certain Frozen Warmwater Shrimp from India: Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from India Preliminary Results), unchanged in Certain Frozen Warmwater Shrimp from India: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 81 FR 90774 (December 15, 2016) (Shrimp from India Final Results). 9 See, e.g., Shrimp from India Preliminary Results, 81 FR at 75377, unchanged in Shrimp from India Final Results, 81 FR at 90774. 10 Id. 11 See CCR Request. 12 Commerce is exercising its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing. 13 Commerce is exercising its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for the filing of case briefs. VerDate Sep<11>2014 17:07 Oct 07, 2021 Jkt 256001 filed no later than seven days after the deadline for case briefs, in accordance with 19 CFR 351.309(d).14 Parties who submit case or rebuttal briefs are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.15 All comments are to be filed electronically using ACCESS, available to registered users at https://access.trade.gov, and must also be served on interested parties. An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.16 Note that Commerce has temporarily modified certain requirements for serving documents containing business proprietary information, until further notice.17 Consistent with 19 CFR 351.216(e), Commerce will issue the final results of this CCR no later than 270 days after the date on which this review was initiated, or within 45 days of publication of these preliminary results, if all parties agree to the preliminary finding. Notification to Interested Parties This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216(b), and 351.221(c)(3)(ii). Dated: October 1, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. 56249 DEPARTMENT OF COMMERCE International Trade Administration [A–588–843, A–580–829, A–583–828] Stainless Steel Wire Rod From Japan, the Republic of Korea, and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: As a result of these expedited sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on stainless steel wire rod (SSWR) from Japan, the Republic of Korea (Korea), and Taiwan would be likely to lead to continuation or recurrence of dumping as indicated in the ‘‘Final Results of Sunset Reviews’’ section of this notice. SUMMARY: DATES: Applicable October 8, 2021. FOR FURTHER INFORMATION CONTACT: Christopher Williams or Minoo Hatten, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5166 or (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: Background BILLING CODE 3510–DS–P On July 1, 2021, Commerce published the notice of initiation of the sunset reviews of the AD orders on stainless steel wire rod (SSWR) from Japan, the Republic of Korea (Korea), and Taiwan 1 pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 In accordance with 19 CFR 351.218(d)(1)(i) and (ii), Commerce received notices of intent to participate in these sunset reviews from the domestic interested parties 3 within 15 days after the date of 14 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020). 15 See 19 CFR 351.309(c)(2). 16 See 19 CFR 351.303(b). 17 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 1 See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Stainless Steel Wire Rod from Korea, 63 FR 49331 (September 15, 1998); see also Notice of Antidumping Duty Order: Stainless Steel Wire Rod from Japan, 63 FR 49328 (September 15, 1998); and Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Stainless Steel Wire Rod from Taiwan, 63 FR 49332 (September 15, 1998) (collectively, AD Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 35070 (July 1, 2021) (Initiation Notice). 3 The domestic interested parties are Carpenter Technology Corporation (Carpenter), North American Stainless (NAS), and Universal Stainless & Alloy Products, Inc. (Universal) (collectively, domestic interested parties). Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Successor-in-Interest Determination V. Recommendation [FR Doc. 2021–22052 Filed 10–7–21; 8:45 am] PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\08OCN1.SGM 08OCN1

Agencies

[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Notices]
[Pages 56248-56249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22052]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-904]


Certain Activated Carbon From the People's Republic of China: 
Notice of Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating a changed 
circumstances review (CCR) of the antidumping duty (AD) order on 
certain activated carbon (activated carbon) from the People's Republic 
of China (China). Further, Commerce preliminarily determines that 
Ningxia Huahui Environmental Technology Co., Ltd. (Huahui 
Environmental) is the successor-in-interest to Ningxia Huahui Activated 
Carbon Co., Ltd. (Ningxia Huahui), and should be assigned the same AD 
cash deposit rate for purposes of determining AD liability on activated 
carbon from China. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable October 8, 2021.

FOR FURTHER INFORMATION CONTACT: Jinny Ahn, AD/CVD Operations, Office 
VIII, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-0339.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2007, Commerce published the AD order on activated 
carbon from China, which included Ningxia Huahui.\1\ Pursuant to the 
Order, Commerce assigned Ningxia Huahui an AD cash deposit rate, of 
67.14 percent, based on the non-selected respondent rate.\2\ In the 
most recently completed administrative review covering the period April 
1, 2018, through March 31, 2019, we assigned Ningxia Huahui a separate 
rate, as a non-individually examined exporter under review.\3\
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Certain Activated 
Carbon from the People's Republic of China, 72 FR 20988 (April 27, 
2007) (Order).
    \2\ See Order, 72 FR at 20990.
    \3\ See Certain Activated Carbon from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review, 
Final Determination of No Shipments, and Final Rescission of 
Administrative Review, in Part; 2018-2019, 86 FR 10539 (February 22, 
2021).
---------------------------------------------------------------------------

    On August 20, 2021, Huahui Environmental requested that Commerce 
conduct a CCR of the Order to confirm that ``Ningxia Huahui 
Environmental Technology Co., Ltd.'' is the successor-in-interest to 
Ningxia Huahui and that it be subject to Ningxia Huahui's AD margin for 
activated carbon from China.\4\ No interested parties filed comments 
opposing the CCR request.
---------------------------------------------------------------------------

    \4\ See Ningxia Huahui's Letter, ``Activated Carbon from the 
People's Republic of China--Ningxia Huahui Changed Circumstances 
Review,'' dated August 20, 2021 (CCR Request).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the scope of this order is activated 
carbon. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\5\
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Initiation and 
Preliminary Results of the Changed Circumstances Review of the 
Antidumping Duty Order on Certain Activated Carbon from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    We are conducting this CCR in accordance with section 751(b)(1) of 
the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216. For a 
full description of the methodology underlying our preliminary 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics discussed in the Preliminary Decision Memorandum is included as 
an appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at https://enforcement.trade.gov/frn/.

Initiation and Preliminary Results of CCR

    Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216, 
Commerce will conduct a CCR upon receipt of information concerning, or 
a request from an interested party for a review of, an AD order which 
shows changed circumstances sufficient to warrant a review of the 
order. The information submitted by Huahui Environmental supporting its 
claim that Huahui Environmental should be treated as the successor-in-
interest to Ningxia Huahui, demonstrates changed circumstances 
sufficient to warrant such a review.\6\ Therefore, in accordance with 
751(b)(1)(A) of the Act and 19 CFR 351.216(d), we are initiating a CCR 
based on the information contained in the CCR request.
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.216(d).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.221(c)(3)(ii), Commerce can combine the 
notice of initiation of a CCR and the notice of preliminary results of 
a CCR into a single notice if Commerce concludes that expedited action 
is warranted. In this instance, because the record contains the 
information necessary to make a preliminary finding, we find that 
expedited action is warranted and have combined the notice of 
initiation and the notice of preliminary results.\7\ In this CCR, 
pursuant to section 751(b) of the Act, Commerce conducted a successor-
in-interest analysis. In making a successor-in-interest determination, 
Commerce examines several factors, including, but not limited to, 
changes in the following: (1) Management; (2) production facilities; 
(3) supplier

[[Page 56249]]

relationships; and (4) customer base.\8\ While no single factor or 
combination of factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, generally, Commerce 
will consider the new company to be the successor to the previous 
company if the new company's resulting operation is not materially 
dissimilar to that of its predecessor.\9\ Thus, if the record evidence 
demonstrates that, with respect to the production and sale of the 
subject merchandise, the new company operates as the same business 
entity as the predecessor company, Commerce may assign the new company 
the cash deposit rate of its predecessor.\10\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.221(c)(3)(ii); see also, e.g., Notice of 
Initiation and Preliminary Results of Changed Circumstances Reviews: 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China, 85 FR 5193 (January 29, 2020), unchanged in 
Certain Passenger Vehicle and Light Truck Tires from the People's 
Republic of China: Final Results of Changed Circumstances Reviews, 
85 FR 14638 (March 13, 2020).
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from India: 
Initiation and Preliminary Results of Antidumping Duty Changed 
Circumstances Review, 81 FR 75376 (October 31, 2016) (Shrimp from 
India Preliminary Results), unchanged in Certain Frozen Warmwater 
Shrimp from India: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 81 FR 90774 (December 15, 2016) 
(Shrimp from India Final Results).
    \9\ See, e.g., Shrimp from India Preliminary Results, 81 FR at 
75377, unchanged in Shrimp from India Final Results, 81 FR at 90774.
    \10\ Id.
---------------------------------------------------------------------------

    We preliminarily determine that Huahui Environmental is the 
successor-in-interest to Ningxia Huahui. Record evidence, as submitted 
by Huahui Environmental, indicates that Huahui Environmental operates 
as essentially the same business entity as Ningxia Huahui with respect 
to the subject merchandise.\11\ For the complete successor-in-interest 
analysis, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \11\ See CCR Request.
---------------------------------------------------------------------------

    Should our final results remain unchanged from these preliminary 
results, we will instruct U.S. Customs and Border Protection to assign 
entries of subject merchandise exported by Huahui Environmental the AD 
cash deposit rate applicable to Ningxia Huahui (i.e., 0.65 U.S. 
dollars/kilogram). Commerce will issue its final results of the review 
in accordance with the time limits set forth in 19 CFR 351.216(e).

Public Comment

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 14 days of publication of this notice.\12\ In accordance 
with 19 CFR 351.309(c)(1)(ii), interested parties may submit case 
briefs not later than 14 days after the date of publication of this 
notice.\13\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than seven days after the deadline for 
case briefs, in accordance with 19 CFR 351.309(d).\14\ Parties who 
submit case or rebuttal briefs are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\15\ All comments are to be 
filed electronically using ACCESS, available to registered users at 
https://access.trade.gov, and must also be served on interested 
parties. An electronically filed document must be received successfully 
in its entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is 
due.\16\ Note that Commerce has temporarily modified certain 
requirements for serving documents containing business proprietary 
information, until further notice.\17\
---------------------------------------------------------------------------

    \12\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
    \13\ Commerce is exercising its discretion under 19 CFR 
351.309(c)(1)(ii) to alter the time limit for the filing of case 
briefs.
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006, 17007 (March 26, 2020).
    \15\ See 19 CFR 351.309(c)(2).
    \16\ See 19 CFR 351.303(b).
    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Consistent with 19 CFR 351.216(e), Commerce will issue the final 
results of this CCR no later than 270 days after the date on which this 
review was initiated, or within 45 days of publication of these 
preliminary results, if all parties agree to the preliminary finding.

Notification to Interested Parties

    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216(b), and 351.221(c)(3)(ii).

    Dated: October 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest Determination
V. Recommendation

[FR Doc. 2021-22052 Filed 10-7-21; 8:45 am]
BILLING CODE 3510-DS-P

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