Granular Polytetrafluoroethylene Resin From India: Preliminary Results and Partial Recission of the Countervailing Duty Administrative Review; 2021-2022, 24428-24429 [2024-07348]

Download as PDF 24428 Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: International Trade Administration Background [C–533–900] Granular Polytetrafluoroethylene Resin From India: Preliminary Results and Partial Recission of the Countervailing 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 countervailable subsidies are being provided to Gujarat Fluorochemicals Limited (GFCL), a producer and exporter of granular polytetrafluoroethylene (PTFE) resin from India. The period of review (POR) is July 6, 2021, through December 31, 2022. AGENCY: DATES: Applicable April 8, 2024. FOR FURTHER INFORMATION CONTACT: Shane Subler or Robert Palmer, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6241 or (202) 482–9068, respectively. Scope of the Order The product covered by the Order is granular polytetrafluoroethylene resin from India. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this CVD administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.7 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Preliminary Results of Review As a result of this review, we preliminarily determine the following net countervailable subsidy rates for the period July 6, 2021, through December 31, 2022: Company Subsidy rate (percent ad valorem) 2021 8 Subsidy rate (percent ad valorem) 2022 9 Gujarat Fluorochemicals Limited 10 ......................................................................................................................... 4.89 4.70 Commerce intends to disclose its calculations performed to interested parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance.11 A timeline for the submission of case briefs and written comments will be notified to interested parties at a later date. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.12 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.13 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we 1 See GFCL’s Letter, ‘‘Request for Administrative Review,’’ dated March 31, 2023. 2 See Granular Polytetrafluoroethylene Resin from India and the Russian Federation: Countervailing Duty Orders, 87 FR 14509 (March 15, 2022) (Order), as amended in Granular Polytetrafluoroethylene Resin from India: Notice of Court Decision Not in Harmony With the Final Determination of Countervailing Duty Investigation; Notice of Amended Final Determination and Amended Countervailing Duty Order, 88 FR 74153 (October 30, 2023). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 29881, 29885 (May 9, 2023) (Initiation Notice). 4 See Memorandum, ‘‘Release of U.S. Customs Entry Data for Respondent Selection,’’ dated May 15, 2023. 5 See Memorandum, ‘‘Extension of Deadline for the Preliminary Results of Countervailing Duty Administrative Review,’’ dated November 17, 2023. 6 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review; 2021–2022: Granular Polytetrafluoroethylene Resin from India,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 8 This subsidy rate applies to the period July 6, 2021, to December 31, 2021. 9 This subsidy rate applies to the period January 1, 2022, to December 31, 2022. 10 As discussed in the Preliminary Decision Memorandum, Commerce found Inox Leasing and Finance Limited to be cross-owned with GFCL. 11 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for general filing requirements. 12 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Final Rule). 13 See 19 CFR 351.309(c)(2) and (d)(2). Disclosure and Public Comment lotter on DSK11XQN23PROD with NOTICES1 On March 31, 2023, we received a timely request for an administrative review from GFCL.1 On May 9, 2023, Commerce published a notice of initiation of an administrative review of the countervailing duty (CVD) order 2 on granular PTFE.3 On May 15, 2023, Commerce released U.S. Customs and Border Protection (CBP) entry data and stated that because only one company (GFCL) was identified in the Initiation Notice and it had entries during the POR, we selected GFCL as the only mandatory respondent in this review.4 On November 17, 2023, Commerce extended the deadline for the preliminary results of this review until March 28, 2024.5 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.6 A list of 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 on file electronically 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 can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. VerDate Sep<11>2014 16:37 Apr 05, 2024 Jkt 262001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Notices instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.14 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).15 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; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. lotter on DSK11XQN23PROD with NOTICES1 Final Results Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final results of this administrative review, including the results of its analysis of the issues raised by the parties in any written briefs, no later than 120 days after the date of publication of these preliminary results. Assessment Rate In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily assigned a subsidy rate in the amount shown above for GFCL. Upon completion of the administrative review, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review at the applicable ad valorem assessment rates listed for the 14 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 15 See APO and Service Final Rule. VerDate Sep<11>2014 16:37 Apr 05, 2024 Jkt 262001 corresponding time period (i.e., July 6, 2021, to December 31, 2021, and January 1, 2022 to December 31, 2022). For GFCL, we intend 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). 24429 DEPARTMENT OF COMMERCE International Trade Administration [A–580–870] Certain Oil Country Tubular Goods From the Republic of Korea: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021– 2022 In accordance with section 751(a)(1) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown for GFCL (and its crossowned affiliate) listed above for 2022, the second year covered by the period of review, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most recent company-specific, or all others rate (i.e., 5.39 percent),16 applicable to the company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain producers/exporters subject to this review made sales of oil country tubular goods (OCTG) from the Republic of Korea (Korea) at less than normal value (NV) during the period of review (POR) September 1, 2021, through August 31, 2022, and that HiSteel Co., Ltd. (HiSteel) had no shipments of subject merchandise to the United States during the POR. DATES: Applicable April 8, 2024. FOR FURTHER INFORMATION CONTACT: Mark Flessner or Mike Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6312 or (202) 482–4475, respectively. Notification to Interested Parties SUPPLEMENTARY INFORMATION: Cash Deposit Requirements These preliminary results are issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: April 1, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the 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. Diversification of India’s Economy V. Subsidies Valuation Information VI. Interest Rate Benchmarks and Benchmarks for Measuring the Adequacy of Remuneration VII. Use of Facts Otherwise Available and Application of Adverse Inferences VIII. Analysis of Programs IX. Recommendation [FR Doc. 2024–07348 Filed 4–5–24; 8:45 am] BILLING CODE 3510–DS–P 16 See PO 00000 Order. Frm 00007 Fmt 4703 Sfmt 4703 AGENCY: Background On October 5, 2023, Commerce published the Preliminary Results.1 We invited interested parties to comment on the Preliminary Results. Between November 6 and 13, 2023, Commerce received timely filed case and rebuttal briefs from various interested parties.2 On December 13, 2023, we extended the deadline for issuing the final results of this administrative review, until April 2, 1 See Certain Oil Country Tubular Goods from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021– 2022, 88 FR 69118 (October 5, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Vallourec Star L.P. and Welded Tube USA’s (collectively, the domestic interested parties) Letter, ‘‘Case Brief,’’ dated November 6, 2023; SeAH Steel Corporation (SeAH)’s Letter, ‘‘Case Brief,’’ dated November 6, 2023; NEXTEEL Co., Ltd. (NEXTEEL)’s Letter, ‘‘Letter in Lieu of Case Brief,’’ dated November 6, 2023; Domestic Interested Parties’ Letter, ‘‘Rebuttal Brief,’’ dated November 13, 2023; and SeAH’s Letter, ‘‘Rebuttal Brief,’’ dated November 13, 2023; and Husteel Co., Ltd. (Husteel)’s Letter, ‘‘Letter in Lieu of Rebuttal Brief,’’ dated November 13, 2023. E:\FR\FM\08APN1.SGM 08APN1

Agencies

[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Notices]
[Pages 24428-24429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07348]



[[Page 24428]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-533-900]


Granular Polytetrafluoroethylene Resin From India: Preliminary 
Results and Partial Recission of the Countervailing 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 countervailable subsidies are being provided to Gujarat 
Fluorochemicals Limited (GFCL), a producer and exporter of granular 
polytetrafluoroethylene (PTFE) resin from India. The period of review 
(POR) is July 6, 2021, through December 31, 2022.

DATES: Applicable April 8, 2024.

FOR FURTHER INFORMATION CONTACT: Shane Subler or Robert Palmer, AD/CVD 
Operations, Office VIII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-6241 or (202) 
482-9068, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 31, 2023, we received a timely request for an 
administrative review from GFCL.\1\ On May 9, 2023, Commerce published 
a notice of initiation of an administrative review of the 
countervailing duty (CVD) order \2\ on granular PTFE.\3\ On May 15, 
2023, Commerce released U.S. Customs and Border Protection (CBP) entry 
data and stated that because only one company (GFCL) was identified in 
the Initiation Notice and it had entries during the POR, we selected 
GFCL as the only mandatory respondent in this review.\4\ On November 
17, 2023, Commerce extended the deadline for the preliminary results of 
this review until March 28, 2024.\5\
---------------------------------------------------------------------------

    \1\ See GFCL's Letter, ``Request for Administrative Review,'' 
dated March 31, 2023.
    \2\ See Granular Polytetrafluoroethylene Resin from India and 
the Russian Federation: Countervailing Duty Orders, 87 FR 14509 
(March 15, 2022) (Order), as amended in Granular 
Polytetrafluoroethylene Resin from India: Notice of Court Decision 
Not in Harmony With the Final Determination of Countervailing Duty 
Investigation; Notice of Amended Final Determination and Amended 
Countervailing Duty Order, 88 FR 74153 (October 30, 2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 29881, 29885 (May 9, 2023) (Initiation 
Notice).
    \4\ See Memorandum, ``Release of U.S. Customs Entry Data for 
Respondent Selection,'' dated May 15, 2023.
    \5\ See Memorandum, ``Extension of Deadline for the Preliminary 
Results of Countervailing Duty Administrative Review,'' dated 
November 17, 2023.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\6\ 
A list of 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 on file electronically 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 can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review; 2021-2022: 
Granular Polytetrafluoroethylene Resin from India,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order

    The product covered by the Order is granular 
polytetrafluoroethylene resin from India. For a complete description of 
the scope of the Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this CVD administrative review in accordance 
with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the 
Act). For each of the subsidy programs found to be countervailable, 
Commerce preliminarily determines that there is a subsidy, i.e., a 
financial contribution by an ``authority'' that gives rise to a benefit 
to the recipient, and that the subsidy is specific.\7\ For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Preliminary Results of Review

    As a result of this review, we preliminarily determine the 
following net countervailable subsidy rates for the period July 6, 
2021, through December 31, 2022:
---------------------------------------------------------------------------

    \8\ This subsidy rate applies to the period July 6, 2021, to 
December 31, 2021.
    \9\ This subsidy rate applies to the period January 1, 2022, to 
December 31, 2022.
    \10\ As discussed in the Preliminary Decision Memorandum, 
Commerce found Inox Leasing and Finance Limited to be cross-owned 
with GFCL.

------------------------------------------------------------------------
                                          Subsidy rate     Subsidy rate
                                          (percent ad      (percent ad
                Company                  valorem) 2021    valorem) 2022
                                              \8\              \9\
------------------------------------------------------------------------
Gujarat Fluorochemicals Limited \10\..            4.89             4.70
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose its calculations performed to 
interested parties for these preliminary results within five days of 
any public announcement or, if there is no public announcement, within 
five days of the date of publication of this notice in the Federal 
Register in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance.\11\ A timeline for 
the submission of case briefs and written comments will be notified to 
interested parties at a later date. Rebuttal briefs, limited to issues 
raised in the case briefs, may be filed not later than five days after 
the date for filing case briefs.\12\ Interested parties who submit case 
briefs or rebuttal briefs in this proceeding must submit: (1) a table 
of contents listing each issue; and (2) a table of authorities.\13\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for 
general filing requirements.
    \12\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we

[[Page 24429]]

instead request that interested parties provide at the beginning of 
their briefs a public, executive summary for each issue raised in their 
briefs.\14\ Further, we request that interested parties limit their 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the executive summaries as the 
basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final results in this administrative 
review. We request that interested parties include footnotes for 
relevant citations in the executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\15\
---------------------------------------------------------------------------

    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    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; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.

Final Results

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act and 19 CFR 351.213(h)(2), Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised by the parties in any written briefs, no 
later than 120 days after the date of publication of these preliminary 
results.

Assessment Rate

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily 
assigned a subsidy rate in the amount shown above for GFCL. Upon 
completion of the administrative review, consistent with section 
751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
countervailing duties on all appropriate entries covered by this review 
at the applicable ad valorem assessment rates listed for the 
corresponding time period (i.e., July 6, 2021, to December 31, 2021, 
and January 1, 2022 to December 31, 2022).
    For GFCL, we intend 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

    In accordance with section 751(a)(1) of the Act, Commerce intends, 
upon publication of the final results, to instruct CBP to collect cash 
deposits of estimated countervailing duties in the amount shown for 
GFCL (and its cross-owned affiliate) listed above for 2022, the second 
year covered by the period of review, on shipments of subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of the final results of this 
administrative review. For all non-reviewed firms, we will instruct CBP 
to continue to collect cash deposits at the most recent company-
specific, or all others rate (i.e., 5.39 percent),\16\ applicable to 
the company. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \16\ See Order.
---------------------------------------------------------------------------

Notification to Interested Parties

    These preliminary results are issued and published pursuant to 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: April 1, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Diversification of India's Economy
V. Subsidies Valuation Information
VI. Interest Rate Benchmarks and Benchmarks for Measuring the 
Adequacy of Remuneration
VII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2024-07348 Filed 4-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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