Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 32194-32195 [2023-10780]

Download as PDF 32194 Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices closed post and tubing); (2) horizontal support or beam/brace profile (including but not limited to Z-beam, C-beam, L-beam, step beam and cargo rack); (3) number of supports; (4) surface coating (including but not limited to paint, epoxy, powder coating, zinc and other metallic coating); (5) number of levels; (6) weight capacity; (7) shape (including but not limited to rectangular, square, and corner units); (8) decking material (including but not limited to wire decking, particle board, laminated board or no deck at all); or (9) the boltless method by which vertical and horizontal supports connect (including but not limited to keyhole and rivet, slot and tab, welded frame, punched rivet and clip). Specifically excluded from the scope are: • Wall-mounted shelving, defined as shelving that is hung on the wall and does not stand on, or transfer load to, the floor. The addition of a wall bracket or other device to attach otherwise freestanding subject merchandise to a wall does not meet the terms of this exclusion; • Wire shelving units, which consist of shelves made from wire that incorporates both a wire deck and wire horizontal supports (taking the place of the horizontal beams and braces) into a single piece with tubular collars that slide over the posts and onto plastic sleeves snapped on the posts to create the finished shelving unit; • Bulk-packed parts or components of boltless steel shelving units; and • Made-to-order shelving systems. Subject boltless steel shelving enters the United States through Harmonized Tariff Schedule of the United States (HTSUS) statistical subheading 9403.20.0075. While the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of these investigations is dispositive. [FR Doc. 2023–10778 Filed 5–18–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–583–848] Stilbenic Optical Brightening Agents From Taiwan: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Teh Fong Min International Co., Ltd. (TFM), the sole producer and/or exporter subject to this administrative review, made sales of stilbenic optical brightening agents (OBAs) at less than normal value during the period of review (POR) May 1, 2021, through April 30, 2022. We invite interested parties to comment on these preliminary results. ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:30 May 18, 2023 Jkt 259001 DATES: Applicable May 19, 2023. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482–3477. SUPPLEMENTARY INFORMATION: Background On May 10, 2012, we published in the Federal Register an antidumping duty order on OBAs from Taiwan.1 On May 2, 2022, we published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On July 14, 2022, based on timely requests for an administrative review, Commerce initiated the administrative review of the Order with respect to TFM.3 On January 12, 2023, we extended the due date for the preliminary results of this review by 120 days to no later than May 24, 2023.4 For a detailed description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 A list of topics discussed in the Preliminary Decision Memorandum is included as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is available 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:// access.trade.gov/public/FRNotices ListLayout.aspx. 1 See Certain Stilbenic Optical Brightening Agents from Taiwan: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 77 FR 27419 (May 10, 2012) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 87 FR 25619 (May 2, 2022). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 42144, 42149 (July 14, 2022); see also Archroma U.S., Inc.’s Letter, ‘‘Archroma U.S., Inc.’s Request for Administrative Review of Certain Stilbenic Optical Brightening Agents from Taiwan, Case No. A–583–848, POR 5/1/21–4/30/22,’’ dated May 31, 2022; and TFM’s Letter, ‘‘Certain Stilbenic Optical Brightening Agents (CSOBA) from Taiwan,’’ dated May 29, 2022. 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review, 2021–2022,’’ dated January 12, 2023. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review; 2021–2022: Certain Stilbenic Optical Brightening Agents from Taiwan,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Scope of the Order The products covered by the Order are OBAs. A full description of the scope of the Order is contained in the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying these preliminary results, see the Preliminary Decision Memorandum. Preliminary Results of Review We preliminarily determine that the following weighted-average dumping margin exists for the period May 1, 2021, through April 30, 2022: Producer and/or exporter Weightedaverage dumping margin (percent) Teh Fong Min International Co., Ltd ........................................... 3.89 Disclosure and Public Comment We intend to disclose the calculations performed in connection with these preliminary results to interested parties within five days after public announcement of the preliminary results.6 Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than seven days after the date for filing case briefs.7 Parties who submit case or rebuttal briefs in this proceeding 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.8 Case and rebuttal briefs should be filed using ACCESS and must be served on interested parties.9 Note that Commerce has temporarily modified certain of its requirements for serving documents 6 See 19 CFR 351.224(b). 19 CFR 351.309(d)(1). 8 See 19 CFR 351.309(c)(2) and (d)(2). 9 See 19 CFR 351.303 (for general filing requirements). 7 See E:\FR\FM\19MYN1.SGM 19MYN1 Federal Register / Vol. 88, No. 97 / Friday, May 19, 2023 / Notices containing business proprietary information, until further notice.10 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; (3) whether any participant is a foreign national; and (4) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. An electronically filed hearing request must be received successfully in its entirety via ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, no later than 120 days after the date of publication of this notice, unless extended, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Assessment Rates ddrumheller on DSK120RN23PROD with NOTICES1 Upon completion of the final results, Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries. If the weightedaverage dumping margin for TFM is not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, we intend to calculate an importer-specific assessment rate based on the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).11 If TFM’s weighted-average dumping margin or an importer-specific assessment rate is zero or de minimis in the final results of review, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.12 10 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 11 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). 12 Id., 77 FR at 8102–03; see also 19 CFR 351.106(c)(2). VerDate Sep<11>2014 18:30 May 18, 2023 Jkt 259001 For entries of subject merchandise during the POR produced by TFM for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate such entries at the all-others rate (i.e., 6.19 percent) 13 if there is no rate for the intermediate company(ies) involved in the transaction.14 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following cash deposit requirements will be effective upon publication in the Federal Register of the notice of final results of administrative review for all shipments of OBAs from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for TFM will be equal to the weighted-average dumping margin established in the final results of this administrative review; (2) for merchandise exported by a company not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer is, the cash deposit rate will be the rate established in the completed segment for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will be the all-others rate established in the less-than-fair-value investigation for this proceeding, i.e., 6.19 percent.15 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of 13 See Order, 77 FR at 27420. Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 15 See Order, 77 FR at 27420. 14 See PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 32195 antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties Commerce is issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4). Dated: May 15, 2023. Lisa W. Wang, 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. Discussion of the Methodology V. Currency Conversion VI. Recommendation [FR Doc. 2023–10780 Filed 5–18–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–890] Antidumping Duty Order on Wooden Bedroom Furniture From the People’s Republic of China: Preliminary Results of Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Zhangzhou XMB Home Technology Co., Ltd (Zhangzhou XMB) is the successor-in-interest to Zhangzhou XYM Furniture Product Co., Ltd. (Zhangzhou XYM) for purposes of the antidumping duty (AD) order on wooden bedroom furniture (WBF) from the People’s Republic of China (China). Accordingly, subject merchandise exported by Golden Well International (HK), Ltd. (Golden Well) and produced by Zhangzhou XMB should be assigned the same AD cash deposit rate as the AD cash deposit rate established for subject merchandise exported by Golden Well and produced by Zhangzhou XYM. DATES: Applicable May 19, 2023. FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, AGENCY: E:\FR\FM\19MYN1.SGM 19MYN1

Agencies

[Federal Register Volume 88, Number 97 (Friday, May 19, 2023)]
[Notices]
[Pages 32194-32195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10780]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-848]


Stilbenic Optical Brightening Agents From Taiwan: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Teh Fong Min International Co., Ltd. (TFM), the sole 
producer and/or exporter subject to this administrative review, made 
sales of stilbenic optical brightening agents (OBAs) at less than 
normal value during the period of review (POR) May 1, 2021, through 
April 30, 2022. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable May 19, 2023.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482-3477.

SUPPLEMENTARY INFORMATION: 

Background

    On May 10, 2012, we published in the Federal Register an 
antidumping duty order on OBAs from Taiwan.\1\ On May 2, 2022, we 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On July 14, 2022, based on 
timely requests for an administrative review, Commerce initiated the 
administrative review of the Order with respect to TFM.\3\ On January 
12, 2023, we extended the due date for the preliminary results of this 
review by 120 days to no later than May 24, 2023.\4\
---------------------------------------------------------------------------

    \1\ See Certain Stilbenic Optical Brightening Agents from 
Taiwan: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 77 FR 27419 (May 10, 2012) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 25619 (May 2, 2022).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144, 42149 (July 14, 2022); see also 
Archroma U.S., Inc.'s Letter, ``Archroma U.S., Inc.'s Request for 
Administrative Review of Certain Stilbenic Optical Brightening 
Agents from Taiwan, Case No. A-583-848, POR 5/1/21-4/30/22,'' dated 
May 31, 2022; and TFM's Letter, ``Certain Stilbenic Optical 
Brightening Agents (CSOBA) from Taiwan,'' dated May 29, 2022.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review, 2021-2022,'' 
dated January 12, 2023.
---------------------------------------------------------------------------

    For a detailed description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as the appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is available 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://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022: 
Certain Stilbenic Optical Brightening Agents from Taiwan,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the Order are OBAs. A full description of 
the scope of the Order is contained in the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act). Export price 
and constructed export price are calculated in accordance with section 
772 of the Act. Normal value is calculated in accordance with section 
773 of the Act. For a full description of the methodology underlying 
these preliminary results, see the Preliminary Decision Memorandum.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period May 1, 2021, through April 30, 
2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                  Producer and/or exporter                     dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Teh Fong Min International Co., Ltd........................        3.89
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed in connection with 
these preliminary results to interested parties within five days after 
public announcement of the preliminary results.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to the Assistant Secretary for Enforcement and Compliance 
no later than 30 days after the date of publication of this notice. 
Rebuttal briefs, limited to issues raised in the case briefs, may be 
filed no later than seven days after the date for filing case 
briefs.\7\ Parties who submit case or rebuttal briefs in this 
proceeding 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.\8\ Case and rebuttal briefs should be filed using ACCESS 
and must be served on interested parties.\9\ Note that Commerce has 
temporarily modified certain of its requirements for serving documents

[[Page 32195]]

containing business proprietary information, until further notice.\10\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.309(d)(1).
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303 (for general filing requirements).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; (3) whether any 
participant is a foreign national; and (4) a list of the issues to be 
discussed. Issues raised in the hearing will be limited to those raised 
in the respective case and rebuttal briefs. An electronically filed 
hearing request must be received successfully in its entirety via 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
    Unless extended, Commerce intends to issue the final results of 
this administrative review, including the results of its analysis of 
the issues raised in any written briefs, no later than 120 days after 
the date of publication of this notice, unless extended, pursuant to 
section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon completion of the final results, Commerce shall determine and 
U.S. Customs and Border Protection (CBP) shall assess antidumping 
duties on all appropriate entries. If the weighted-average dumping 
margin for TFM is not zero or de minimis (i.e., less than 0.50 percent) 
in the final results of this review, we intend to calculate an 
importer-specific assessment rate based on the ratio of the total 
amount of dumping calculated for each importer's examined sales and the 
total entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\11\ If TFM's weighted-average dumping margin or an 
importer-specific assessment rate is zero or de minimis in the final 
results of review, we will instruct CBP to liquidate appropriate 
entries without regard to antidumping duties.\12\
---------------------------------------------------------------------------

    \11\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 
2012).
    \12\ Id., 77 FR at 8102-03; see also 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For entries of subject merchandise during the POR produced by TFM 
for which it did not know its merchandise was destined for the United 
States, we will instruct CBP to liquidate such entries at the all-
others rate (i.e., 6.19 percent) \13\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\14\
---------------------------------------------------------------------------

    \13\ See Order, 77 FR at 27420.
    \14\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of OBAs from Taiwan entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication as provided by section 751(a)(2)(C) of the Act: (1) the 
cash deposit rate for TFM will be equal to the weighted-average dumping 
margin established in the final results of this administrative review; 
(2) for merchandise exported by a company not covered in this review 
but covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the company-specific rate published in the 
completed segment for the most recent period; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
investigation but the producer is, the cash deposit rate will be the 
rate established in the completed segment for the most recent period 
for the producer of the merchandise; (4) the cash deposit rate for all 
other producers or exporters will be the all-others rate established in 
the less-than-fair-value investigation for this proceeding, i.e., 6.19 
percent.\15\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \15\ See Order, 77 FR at 27420.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 
351.221(b)(4).

    Dated: May 15, 2023.
Lisa W. Wang,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-10780 Filed 5-18-23; 8:45 am]
BILLING CODE 3510-DS-P
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