International Trade Administration June 2005 – Federal Register Recent Federal Regulation Documents
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Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review
On March 8, 2005, the Department of Commerce published the preliminary results of the fifth administrative review of the antidumping duty order on certain preserved mushrooms from India. The review covers four manufacturers/exporters. The period of review is February 1, 2003, through January 31, 2004. Based on our analysis of the comments received, we have made changes in the margin calculations for two of the four companies covered by this review. Therefore, the final results differ from the preliminary results. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled ``Final Results of Review.''
Stainless Steel Sheet and Strip in Coils from Japan: Final Results of Antidumping Duty Administrative Review
On April 11, 2005, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on stainless steel sheet and strip in coils from Japan with respect to Kawasaki Steel Corporation (KSC) and its alleged successor-in-interest JFE Steel Corporation (JFE). The period of review is July 1, 2003, through June 30, 2004. The petitioners submitted comments agreeing with the Department's preliminary results. No other interested party submitted comments and we have made no changes to our preliminary results. Therefore, the final results do not differ from the preliminary results. The final margin is listed below in the ``Final Results of Review'' section of this notice.
Duty Drawback Practice in Antidumping Proceedings
The Department of Commerce (the Department) has a long- standing policy in antidumping proceedings, based on section 772(c)(1)(B) of the Tariff Act of 1930, as amended (the Act), of granting a duty drawback adjustment to export price where a respondent party establishes that: (1) the import duty paid and the rebate payment are directly linked to, and dependent upon, one another (or the exemption from import duties is linked to exportation); and (2) there were sufficient imports of the imported raw material to account for the drawback received upon the exports of the manufactured product. In a number of recent proceedings, the Department has received comments expressing concerns about its current duty drawback adjustment policy and practice. This notice describes various issues that have been raised concerning the Department's practice and provides the public with an opportunity to comment on whether any changes to the Department's current practice would be warranted and specifically what such changes would entail.
Exemption of Foreign Air Carriers From Excise Taxes; Review of Finding of Reciprocity (Bolivia), 26 U.S.C. 4221
Notice is hereby given that the Department of Commerce is conducting a review to determine, pursuant to Section 4221 of the Internal Revenue Code, as amended (26 U.S.C. 4221), whether the Government of Bolivia has discontinued allowing substantially reciprocal tax exemptions to aircraft of U.S. registry in connection with international commercial operations similar to those exemptions currently granted to aircraft of Bolivian registry by the United States under the aforementioned statute. The above-cited statute provides exemptions for aircraft of foreign registry from payment of certain internal revenue taxes on the purchase of supplies in the United States for such aircraft in connection with their international commercial operations. These exemptions apply upon a finding by the Secretary of Commerce, or his designee, and communicated to the Department of the Treasury, that such country allows, or will allow, ``substantially reciprocal privileges'' to aircraft of U.S. registry with respect to purchases of such supplies in that country. If a foreign country discontinues the allowance of such substantially reciprocal exemption, the exemption allowed by the United States will not apply after the Secretary of the Treasury is notified by the Secretary of Commerce, or his designee, of the discontinuance. Interested parties are invited to submit their views, comments and supporting documentation in writing concerning this matter to Mr. Douglas B. Baker, Deputy Assistant Secretary for Services, Room 1128, U.S. Department of Commerce, Washington, DC, 20230. Submissions should be sent electronically to OSImail@ita.doc.gov. All submissions should be received no later than forty-five days from the date of this notice. Comments received, with the exception of information marked ``business confidential,'' will be available for public inspection between Monday-Friday, 8:30 a.m. and 5:30 p.m. in the Trade Reference and Assistance Center Help Desk, Suite 800M, USA Trade Information Center, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW., Washington, DC. Information marked ``business confidential'' shall be protected from disclosure to the full extent permitted by law. It is suggested that those desiring additional information contact Mr. Eugene Alford, Office of Service Industries, Room 1124, U.S. Department of Commerce, Washington, DC 20230, or telephone 202-482- 5071.
Initiation of Antidumping and Countervailing Duty Administrative Reviews
The Department of Commerce has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with May anniversary dates. In accordance with the Department's regulations, we are initiating those administrative reviews.
Expected Non-Market Economy Wages: Request for Comment on Calculation Methodology
The Department of Commerce (``Department'') has a long- standing practice of calculating expected non-market economy (``NME'') wages for use as surrogate values in antidumping proceedings involving NME countries. These expected NME wages are calculated annually in accordance with Sec. 351.408(c)(3) of the Department's regulations. This notice describes the Department's methodology for the calculation of expected NME wages and provides the public with an opportunity to comment on this methodology in response to comments that have been submitted in several NME proceedings. For purposes of public comment, the Department has also calculated expected NME wages using currently available data for 2003 and the methodology described herein. This is a sample calculation based on 2003 data, and is subject to data updates and revisions.
Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada
Western Forest Products Inc. (WFP) has requested a changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216(b). The Department of Commerce (the Department) is initiating this changed circumstances review and issuing this notice of preliminary results pursuant to 19 CFR 351.221(c)(3)(ii). We have preliminarily determined that WFP and its subsidiaries, WFP Products Limited, WFP Western Lumber Ltd., and WFP Lumber Sales Limited (collectively, ``the WFP Entities''), are the successor-in-interest to Doman Industries Limited, Doman Forest Products Limited, and Doman Western Lumber Ltd. (collectively, ``the Doman Entities'').
Continuation of Antidumping Duty Orders on Certain Iron Construction Castings from Brazil, Canada, and the People's Republic of China, and the Countervailing Duty Order on Heavy Iron Construction Castings from Brazil
As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty orders on certain iron construction castings from Brazil, Canada, and the People's Republic of China (``China''), and the countervailing duty order on heavy iron construction castings from Brazil would likely lead to continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, the Department is publishing notice of continuation of these antidumping and countervailing duty orders.
Certain Pasta from Italy: Final Results of the Eighth Countervailing Duty Administrative Review
On April 8, 2005, the U.S. Department of Commerce (``the Department'') published in the Federal Register its preliminary results of the administrative review of the countervailing duty order on certain pasta from Italy for the period January 1, 2003, through December 31, 2003. We preliminarily found that the countervailing duty rates during the period of review for all of the producers/exporters under review are less than 0.5 percent and are, consequently, de minimis. We did not receive any comments on our preliminary results, and we have made no further revisions. The final net subsidy rates for the reviewed companies are listed below in the section entitled ``Final Results of Review.''
Continuation of Antidumping Duty Order; Greige Polyester Cotton Printcloth from the People's Republic of China
As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty order on greige polyester cotton printcloth (``printcloth'') from the People's Republic of China (``China'') would likely lead to continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing notice of the continuation of this antidumping duty order.
Chlorinated Isocyanurates from Spain: Notice of Antidumping Duty Order
Based on affirmative final determinations by the Department of Commerce (``the Department'') and the U.S. International Trade Commission (``the ITC''), the Department is issuing an antidumping duty order on chlorinated isocyanurates from Spain. On June 17, 2005, the ITC notified the Department of its affirmative determination of injury to a U.S. industry (Chlorinated Isocyanurates from the People's Republic of China and Spain, Investigations Nos. 731-TA-1082 and 1083 (Final), Publication 3782 (June 2005)).
Notice of Antidumping Duty Order: Chlorinated Isocyanurates from the People's Republic of China
Based on affirmative final determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC''), the Department is issuing an antidumping duty order on chlorinated Isocyanurates from the People's Republic of China (``PRC''). On June 17, 2005, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry (Chlorinated Isocyanurates from China and Spain, Investigations Nos. 731-TA-1082-1083 (Final), USITC Publication 3782, June 2005).
Honey from Argentina: Final Results of Countervailing Duty Administrative Review
On December 21, 2004, the Department of Commerce (the Department) published in the Federal Register its preliminary results of administrative review of the countervailing duty order on honey from Argentina for the period January 1, 2003, through December 31, 2003. Honey from Argentina: Preliminary Results of Countervailing Duty Administrative Review, 68 FR 69660 (December 21, 2004) (Preliminary Results). We received no comments from interested parties; therefore, we have made no changes to the net countervailable subsidy rates for the POR. The final net countervailable subsidy rates are listed below in the section entitled ``Final Results of Administrative Review.''
Rescission of Antidumping Duty Administrative Review: Certain Corrosion-Resistant Carbon Steel Flat Products From Japan
In response to a request from the Nucor Corporation (``Nucor''), the Department of Commerce (``the Department'') initiated an administrative review of the antidumping duty order on certain corrosion-resistant carbon steel flat products from Japan. This review covers imports of subject merchandise from Kawasaki Steel Corporation (``Kawasaki'') (and any alleged successor-in-interest including JFE Steel Corporation (``JFE Steel'')), and Nippon Steel Corporation (``Nippon Steel''), for the period of review (``POR'') August 1, 2003, through July 31, 2004. On May 20, 2005, Nucor withdrew its request for an administrative review. The Department is now rescinding this administrative review.
Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Cut-to-Length Carbon Steel Plate from Romania
On May 3, 2005, the Department of Commerce (``the Department'') published a notice of initiation and the preliminary results of its changed circumstances review of the antidumping duty finding on certain cut-to-length carbon steel plate (``carbon steel plate'') from Romania in which we preliminarily determined that Mittal Steel Galati S.A. (``Mittal Steel'') is the successor-in-interest to the S.C. Ispat Sidex S.A. (``Sidex''). See Certain Cut-to-Length Carbon Steel Plate from Romania: Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review, 70 FR 22847 (May 3, 2005) (``Preliminary Results''). We gave interested parties the opportunity to comment on the Preliminary Results. We received no comments. Therefore, for these final results, the Department is adopting its preliminary determination that Mittal Steel is the successor-in-interest to Sidex.
Initiation of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada
In accordance with section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b) (2003), the Coalition for Fair Lumber Imports (the Coalition), a domestic interested party, filed a request for a changed circumstances review of the antidumping duty order on certain softwood lumber products from Canada, as described below. In response to this request, the Department of Commerce (the Department) is initiating the requested review.
Timing of Assessment Instructions for Antidumping Duty Orders Involving Non-Market Economy Countries
The Department of Commerce (``Department'') is requesting comments on the appropriate timing for the issuance of assessment instructions for antidumping duties involving orders on non-market economy countries (``NMEs'') when a review has been requested of certain entities. This notice describes the two approaches we have followed, and requests comments on these approaches.
Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada
The Department of Commerce (the Department) has determined, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), that Winton Global Lumber Ltd. (Winton Global) is the successor- in-interest to The Pas Lumber Company Ltd. (The Pas) and, as a result, should be accorded the same treatment previously accorded to The Pas in regard to the antidumping order on certain softwood lumber products from Canada as of the date of publication of this notice in the Federal Register.
Certain Corrosion-Resistant Carbon Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Changed Circumstances Review and Intent Not to Revoke, In Part
On December 7, 2004, the Department of Commerce (``the Department'') published a notice of initiation of a changed circumstances review regarding certain corrosion-resistant carbon steel flat products from Japan in response to a request for partial revocation received from Metal One Corporation (``Metal One''), and invited interested parties to submit comments. On December 27, 2004, United States Steel Corporation (``U.S. Steel'') submitted a letter opposing the request for revocation. As a result, we preliminarily determine not to revoke the order, in part, with respect to the diffusion-annealed nickel plate products covered by Metal One's request.
Continuation of Antidumping Duty Order; Potassium Permanganate from the People's Republic of China
As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty order on potassium permanganate from the People's Republic of China (``China'') would likely lead to continuation or recurrence of dumping, and material injury to an industry in the United States, the Department is publishing notice of the continuation of this antidumping duty order.
Notice of Information Collection
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burdens, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506 (2) (A)).
North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Request for Panel Review
The Notice of First Request in NAFTA Case No. USA-CDA-2005- 1904-04 published in the Federal Register on June 13, 2005 listed an incorrect date for the first request filing on behalf of Abitibi- Consolidated Company of Canada (formerly known as Donohue Fores Products Inc.), Produits Forestiers Petit Paris Inc., Produits Forestiers la Tuque Inc., and Societe en Commandite Scierie Opitciwan. The correct date of filing was May 31, 2005.
Notice of Solicitation of Applications for Allocation of a Tariff Rate Quota on the Import of Certain Worsted Wool Fabrics
The Department hereby solicits applications from persons (including firms, corporations, or other legal entities) who weave worsted wool fabrics in the United States for an allocation of the 2005 tariff rate quotas on certain worsted wool fabric. Interested persons must submit an application on the form provided to the address listed below by July 18, 2005. The Department will cause to be published in the Federal Register its determination to allocate the 2005 tariff rate quotas and will notify applicants of their respective allocation as soon as possible after that date. Promptly thereafter, the Department will issue licenses to eligible applicants.
Changed Circumstances Review of the Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from Ukraine.
On April 26, 2005, in response to a request from the Government of Ukraine, the Department of Commerce published a notice in the Federal Register initiating a changed circumstances review in order to determine whether Ukraine should continue to be treated as a non- market economy country for purposes of the U.S. antidumping duty law (70 FR 21396). The Department has decided to extend the comment period by thirty days, pursuant to 19 CFR 351.302(b), making the new deadline for the submission of public comment July 11, 2005. Written comments (original and six copies) should be sent to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, U.S. Department of Commerce, Central Records Unit, Room 1870, 14th Street and Constitution Avenue NW, Washington, DC 20230.
North American Free Trade Agreement, Article 1904 NAFTA Panel Reviews; Notice of Panel Decision
On June 9, 2005, the binational panel issued its decision in the review of the final results of the affirmative antidumping duty re- determination on remand made by the International Trade Administration (ITA) respecting Certain Softwood Lumber Products from Canada (Secretariat File No. USA-CDA-2002-1904-02) affirmed in part and remanded in part the determination of the Department of Commerce. The Department will return the re-determination on remand not later than July 11, 2005. A copy of the complete panel decision is available from the NAFTA Secretariat.
Certain Hot-Rolled Carbon Steel Flat Products From Romania: Final Results of Antidumping Duty Administrative Review.
On December 7, 2004, the Department of Commerce (the Department) published the preliminary results of the antidumping duty administrative review of certain hot-rolled carbon steel flat products from Romania. This review covers one manufacturer/exporter of the subject merchandise. The period of review (POR) is November 1, 2002, through October 31, 2003. Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the ``Final Results of Review'' section.
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof from Japan; Amended Final Results of Antidumping Duty Administrative Review Pursuant to Final Court Decision
On November 15, 2001, in response to its action in NSK Ltd. and NSK Corporation, Koyo Seiko Co., Ltd. and Koyo Corporation of U.S.A, NTN Bearing Corporation of America, NTN Corporation, American NTN Bearing Manufacturing Corporation, NTN Driveshaft, Inc. and NTN- Bower Corporation, and Nippon Pillow Block Sales Co., Ltd. and FYH Bearing Units USA Inc. v. United States and The Torrington Company (NSK Ltd. v. United States), Consol. Court No. 97-02-00216, Slip. Op. 01-69 (CIT June 6, 2001), the Court of International Trade (CIT) affirmed the Department of Commerce's (the Department's) remand determination affecting final assessment rates for the administrative review of the antidumping duty orders on antifriction bearings (other than tapered roller bearings) and parts thereof from Japan for the period of review May 1, 1994, through April 30, 1995. The merchandise covered by these reviews is ball bearings and parts thereof (BBs), cylindrical roller bearings and parts thereof (CRBs), and spherical plain bearings and parts thereof (SPBs). Because the appeals have been dismissed and there is now a final and conclusive court decision in this action, we are amending our final results of review and we will instruct U.S. Customs and Border Protection to liquidate entries subject to these reviews.
Fresh Garlic from the People's Republic of China: Final Results of Antidumping Duty Administrative Review
On December 7, 2004, the Department of Commerce (``the Department'') published the preliminary results of the administrative review of the antidumping duty order on fresh garlic from the People's Republic of China. The period of review is November 1, 2002, through October 31, 2003. The review covers twelve manufacturers/exporters. We invited interested parties to comment on our preliminary results. Based on our analysis of the comments received, we have made certain changes to our calculations. The final dumping margins for this review are listed in the ``Final Results of the Reviews'' section below.
North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Request for Panel Review
On May 31, 2005, West Fraser Mills, Ltd. filed a First Request for Panel Review with the United States Section of the NAFTA Secretariat pursuant to Article 1904 of the North American Free Trade Agreement. Second requests were filed on June 1, 2005 on behalf of Ontario Forest Industries Association, the Ontario Lumber Manufacturers Association and Tembec, Inc; Weyerhaeuser Company Limited; Cascadia Forest Products, Ltd.; International Forest Products Ltd.; and a third request was received on June 7, 2005 on behalf of Abitibi-Consolidated Company of Canada (formerly known as Donohue Forest Products Inc.) Produits Forestiers Petit Paris Inc., Produits Forestiers la Tuque Inc., and Societe en Commandite Scierie Opitciwan. Panel review was requested of the Notice of Determination Under Section 129 of the Uruguay Round Agreement Act: Antidumping Measures on Certain Softwood Lumber Products from Canada made by the United States Department of Commerce, International Trade Administration. This determination was published in the Federal Register, (70 FR 22636) on May 31, 2005. The NAFTA Secretariat has assigned Case Number USA-CDA-2005-1904-04 to this request.
International Trade Administration, North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews
On June 7, 2005 the binational panel issued its decision in the review of the injury determination made by the International Trade Commission, respecting Hard Red Spring Wheat from Canada Final Injury Determination, Secretariat File No. USA-CDA-2003-1904-06. The binational panel remanded the decision to the Commission with one partial dissenting opinion. Copies of the panel decision are available from the U.S. Section of the NAFTA Secretariat.
Postponement of Preliminary Determination of Antidumping Duty Investigation: Certain Orange Juice from Brazil
The Department of Commerce is postponing the preliminary determination in the antidumping duty investigation of certain orange juice from Brazil from June 27, 2005, until no later than August 16, 2005. This postponement is made pursuant to section 733(c)(1)(A) of the Tariff Act of 1930, as amended (the Act).
Imports of Certain Worsted Wool Fabric: Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000
The Department of Commerce (``Commerce'') is withdrawing its final rule entitled ``Imports of Certain Worsted Wool Fabric: Implementation of Tariff Rate Quota Established Under Title V of the Trade and Development Act of 2000'' published on May 12, 2005 (70 FR 24941). That rule finalized tariff rate quotas (TRQ) for a limited quantity of worsted wool fabrics pursuant to Title V of the Trade and Development Act of 2000 (``the Act'') as amended by the Trade Act of 2002. The rule is being withdrawn due to an incorrect effective date.
Notice of Rescission of Antidumping Duty Administrative Review: Petroleum Wax Candles from the People's Republic of China
In response to a request by Shanghai R&R Import Export Company Limited (``Shanghai R&R''), an exporter of subject merchandise, the Department of Commerce (the ``Department'') initiated an administrative review of the antidumping duty order on petroleum wax candles (``candles'') from the People's Republic of China (``PRC''). No other interested party requested a review of Shanghai R&R. The period of review (``POR'') is August 1, 2003, through July 31, 2004. For the reasons discussed below, the Department is rescinding this administrative review.
North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews; Completion of Panel Review
Pursuant to the Order of the Binational Panel dated April 22, 2005, affirming the final remand determination described above the panel review was completed on April 21, 2005.
Notice of Preliminary Results of Antidumping Duty Administrative Review: Certain Welded Carbon Steel Pipe and Tube from Turkey
In response to a request by domestic interested parties, Allied Tube and Conduit Corporation (``Allied Tube'') and Wheatland Tube Company (``Wheatland''), the Department of Commerce (``the Department'') is conducting an administrative review of the antidumping duty order on certain welded carbon steel pipe and tube (``welded pipe and tube'') from Turkey. This review covers the following two producers/exporters of the subject merchandise: (1) the Y[uuml]cel Group (``Y[uuml]cel''), which includes [Ccedil]ayirova Boru Sanayi ve Ticaret A.S. (``[Ccedil]ayirova'') and its affiliate, Y[uuml]cel Boru Ithalat-Ihracat ve Pazarlama A.S. and (2) the Borusan Group (``Borusan''). We preliminarily determine that both Y[uuml]cel and Borusan made sales below normal value (``NV''). If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (``CBP'') to assess antidumping duties based on the difference between the export price (``EP'') and the NV.
Notice of Preliminary Results of Antidumping Duty Administrative Review and Partial Rescission: Certain Softwood Lumber Products From Canada
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on Certain Softwood Lumber Products from Canada for the period May 1, 2003, to April 30, 2004 (the POR). We preliminarily determine that sales of subject merchandise made by Abitibi-Consolidated Inc. (Abitibi), Buchanan Lumber Sales Inc. (Buchanan), Canfor Corporation (Canfor), Tembec Inc. (Tembec), Tolko Industries Ltd. (Tolko), Weldwood of Canada Limited (Weldwood), West Fraser Mills Ltd. (West Fraser), and Weyerhaeuser Company (Weyerhaeuser), have been made below normal value. In addition, based on the preliminary results for these respondents selected for individual review, we have preliminarily determined a weighted-average margin for those companies that requested, but were not selected for, individual review. If these preliminary results are adopted in our final results, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on appropriate entries based on the difference between the export price and constructed export price, and the normal value. Furthermore, requests for review of the antidumping order for the following thirteen companies were withdrawn: Age Cedar Products, Anderson Wholesale, Inc., Bay Forest Products Ltd., Coast Forest & Lumber Assoc., Coast Lumber, Inc., Duluth Timber Company, Les Produits Forestiers Latierre, North Pacific, Usine Sartigan Inc., Council of Forest Industries, Specialites G.D.S. Inc., BC Veneer Products Ltd., and Edge Grain Forest Products. Because the withdrawal requests were timely and there were no other requests for review of the companies, we are rescinding the review for these companies. See 19 CFR 351.213(d)(i). Interested parties are invited to comment on these preliminary results and partial rescission.
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