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Federal Register / Vol. 72, No.

141 / Tuesday, July 24, 2007 / Rules and Regulations 40235

Germany; Telephone: 49.3341.3111.70; SUPPLEMENTARY INFORMATION: manufacturers that qualify for a tariff
Facsimile: 49.3341.3111.73. rate quota allocation.
(3) You may review copies at the FAA, Background
Pursuant to statutory requirements,
Central Region, Office of the Regional
The Department of Commerce is allocation will be limited to persons
Counsel, 901 Locust, Room 506, Kansas City,
Missouri 64106; or at the National Archives issuing interim regulations (including firms, corporations, or other
and Records Administration (NARA). For implementing Section 406 of the Tax legal entities) who cut and sew men’s
information on the availability of this Relief and Health Care Act of 2006 (‘‘the and boys’ cotton shirts in the United
material at NARA, call 202–741–6030, or go Act’’), which President Bush signed into States and who, during calendar year
to: http://www.archives.gov/federal-register/ law on December 20, 2006 (Pub. L. 109- 2000, were manufacturers cutting and
cfr/ibr-locations.html. 432). Section 406(b)(1) authorizes the sewing men’s and boy’s cotton shirts in
Issued in Kansas City, Missouri, on July 12, Secretary of Commerce to issue licenses the United States from imported woven
2007. to eligible manufacturers under fabrics of cotton containing 85 percent
Sandra J. Campbell, headings 9902.52.08 through 9902.52.19 or more by weight of cotton of the kind
Acting Manager, Small Airplane Directorate, of the Harmonized Tariff Schedule of described in HTS headings 9902.52.08
Aircraft Certification Service. the United States, specifying the through 9902.52.19 purchased by such
[FR Doc. E7–13981 Filed 7–23–07; 8:45 am] restrictions under each such license on manufacturers during calendar year
BILLING CODE 4910–13–P the quantity of cotton woven fabrics that 2000. Any manufacturer who becomes a
may be entered each year by or on successor-of-interest to a manufacturer
behalf of the manufacturer. of the cotton woven shirts described in
DEPARTMENT OF COMMERCE The Act creates an annual tariff rate HTS headings 9902.52.08 through
quota providing for temporary 9902.52.19 during 2000 because of a
International Trade Administration reductions through December 31, 2009 reorganization or otherwise, shall be
in the import duties of cotton woven eligible to apply for a TRQ.
15 CFR Part 336 fabrics suitable for making cotton shirts In order to receive a license, eligible
[Docket Number: 070712324-7325-01] (new Harmonized Tariff Schedule of the manufactures must submit ITA Form
United States (HTS) headings ITA–4156P entitled ‘‘Affidavit for
RIN 0625–AA74 9902.52.08, 9902.52.09, 9902.52.10, Application for TRQ License Cotton
9902.52.11, 9902.52.12, 9902.52.13, Shirting Fabric Tariff Rate Quota’’
Imports of Certain Cotton Shirting 9902.52.14, 9902.52.15, 9902.52.16, containing the following information:
Fabric: Implementation of Tariff Rate 9902.52.17, 9902.52.18, and (1) Company name, address, contact
Quota Established Under the Tax
9902.52.19). The reduction in duty is telephone number, e-mail address,
Relief and Health Care Act of 2006
limited to 85 percent of the total square federal tax identification number, name
AGENCY: Department of Commerce, meter equivalents of all imported woven of person submitting the application,
International Trade Administration. fabrics of cotton containing 85 percent and title, or capacity in which the
ACTION: Interim final rule, request for or more by weight of cotton used by person is acting for the applicant.
comments. manufacturers in cutting and sewing (2) The name and address of each
men’s and boy’s cotton shirts in the plant and/or contractor location in the
SUMMARY: The Department of Commerce United States and purchased by such United States where men’s and boy’s
is issuing interim regulations manufacturers during calendar year cotton shirts of imported woven fabric
implementing Section 406 of the Tax 2000. of the kind described in HTS headings
Relief and Health Care Act of 2006 (‘‘the The Act requires that the Secretary of 9902.52.08 through 9902.52.19 was cut
Act’’), which President Bush signed into Commerce must issue licenses and and sewn in calendar year 2000.
law on December 20, 2006 (Pub. L. 109- ensure that the tariff rate quotas are (3) The date of purchase shall be (a)
432). Section 406(b)(1) authorizes the fairly allocated to eligible manufacturers the invoice date if the manufacturer is
Secretary of Commerce to issue licenses under such headings 9902.52.08 not the importer of record; and (b) the
to eligible manufacturers under through 9902.52.19. date of entry if the manufacturer is the
headings 9902.52.08 through 9902.52.19 The Department, promptly upon importer of record.
of the Harmonized Tariff Schedule of promulgation of these interim (4) The quantity of imported woven
the United States, specifying the regulations, intends to begin the process fabrics of cotton containing 85 percent
restrictions under each such license on
of soliciting applications for a license or more by weight of cotton purchased
the quantity of cotton woven fabrics that
allocation of the 2007 tariff rate quota. during calendar year 2000 for use in the
may be entered each year by or on
Licenses will be issued to eligible cutting and sewing of men’s and boys’
behalf of the manufacturer.
manufacturers within 60 days after the shirts in the United States.
DATES: This interim final rule is manufacturer files an application with At the conclusion of the application
effective July 24, 2007. To be the Department. In subsequent years the the applicant must attest that ‘‘all
considered, written comments must be Department intends to make its information contained in the
received by 5 p.m. on September 24, determination regarding allocation of application is complete and correct and
2007. the tariff rate quota no later than no false claims, statements or
ADDRESSES: Comments should be December 31 of the year preceding the representations have been made.’’
addressed to: R. Matthew Priest, Deputy tariff rate quota year Applicants should be aware that,
Assistant Secretary for Textiles and The tariff rate quota licenses will be generally, pursuant to 31 U.S.C. 3729
Apparel, Room 3001, United States issued to eligible manufacturers on the persons providing false or fraudulent
Department of Commerce, Washington, basis of the percentage of each claims, and pursuant to 18 U.S.C. 101,
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DC 20230. manufacturer’s quantity of imported persons making materially false


FOR FURTHER INFORMATION CONTACT: woven fabrics described under HTS statement to representations, are subject
Sergio Botero, Office of Textiles and headings 9902.52.08 through 9902.52.19 to civil or criminal penalties,
Apparel, U.S. Department of Commerce, during calendar year 2000, compared to respectively. All applications must be
(202) 482–4058. the imports of such fabric by all notarized by a licensed public notary.

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40236 Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations

Any business confidential Administrative Procedure Act: The under a TRQ from a license issued after
information provided pursuant must be Department of Commerce finds good cotton fabric has cleared CBP, a
marked ‘‘business confidential.’’ Such cause, under 5 U.S.C. 553(b)(B), to Licensee would need to request its
information will be kept confidential waive the requirement to provide prior brokers and other suppliers to file
and protected from disclosure to the full notice and opportunity for public amended entries on its behalf with CBP
extent permitted by law. comment as such requirement is in order to obtain the duty rebates
The applicant must retain records impracticable and contrary to the public applicable to the TRQ license. This
substantiating the information provided interest. The new HTS categories and process is time consuming and costly as
in the application for a period of 3 allocation system must be implemented additional staff would need to be hired
years. Such records must be made as soon as possible to allow TRQ and extra hours devoted to research and
available upon request by an recipients to import their products file amended entries. Brokers would
appropriate government official. under the new HTS categories and need to research thousand of shipments,
allocation system. imported into several different ports, in
Conditions of License Use If the new HTS category and order to file amended entries. Brokers
The importer of record of fabric allocation system are not implemented and other suppliers do not always have
entered or withdrawn from warehouse immediately, TRQ recipients will be the resources and personnel in order to
for consumption under a license must required to file amended entries with investigate individual shipments for
be the Licensee or an importer U.S. Customs and Border Protection individual companies to file entries
authorized by the Licensee to act on its (CBP) in order to get the duty benefit. retroactively. The average cost charged
behalf. A Licensee may only authorize The Act entered into force in December by brokers and suppliers for researching
an importer to import fabric under the 20, 2006, created an annual tariff rate shipments range from $100 to $200 to
license on its behalf by making such quota providing for temporary file amended entries, which would in
authorization in writing or by electronic reductions through December 31, 2009 effect nullify the duty benefit for small
notice to the importer and providing a in the import duties of cotton woven shipments which may make up the bulk
copy of such authorization to the fabrics suitable for making cotton shirts of the entries for licensees.
Department. The authorization must (new Harmonized Tariff Schedule of the For the same reasons above, there is
include the unique number of the United States (HTS) headings good cause to find under 5 U.S.C.
license, must specify the type of fabric 9902.52.08, 9902.52.09, 9902.52.10, 553(d)(3) to waive the 30-day delay in
9902.52.11, 9902.52.12, 9902.52.13, effectiveness. As stated above, the
imported by micron count, and must be
9902.52.14, 9902.52.15, 9902.52.16, process of researching shipments to file
in the possession of the importer at the
9902.52.17, 9902.52.18, and amended entries is time consuming and
time of filing the entry summary or
9902.52.19). The reduction in duty is costly. If this regulation is not
warehouse withdrawal for consumption
limited to 85 percent of the total square implemented immediately, the costs
(Customs Form 7501) or its electronic
meter equivalents of all imported woven incurred by TRQ recipients would in
equivalent. The authorization also must
fabrics of cotton containing 85 percent effect nullify any duty benefits,
include the unique PIN assigned by the
or more by weight cotton used by particularly for those TRQ recipients
licensee to the importer. A copy of the
manufacturers in cutting and sewing who have small shipments.
authorization and PIN assigned to each While these regulations will be
men’s and boy’s cotton shirts in the
importer must be provided to the United States and purchased by such effective upon publication, the
Department by fax (202) 482–0667 or by manufacturer during calendar year Department of Commerce hereby solicits
mail to the Office of Textiles and 2000. The Act establishes that the TRQ comments on these interim regulations
Apparel, Room 3001, United States is to be administered on a calendar year and will amend them in final
Department of Commerce, Washington, (January 1 to December 31) basis. While regulations if appropriate. The
DC 20230. This authorization may only the Act does not specify a start date, Department is particularly interested in
be withdrawn by notifying the importer, Congress plainly intended the TRQ to be comments concerning any impact these
in writing or by electronic notice, with in effect in the first calendar year regulations might have on small-or-
a copy provided to the Department. The following the enactment, or January 1, medium sized businesses.
licensee also must advise the 2007–December 31, 2007. During the Paperwork Reduction Act: This
Department of each authorized calendar year of the date of application, interim rule contains information
importer’s Importer of Record an applicant must have cut and sewed collection requirements subject to the
Identification Number. men’s and boys’ cotton woven shirts in Paperwork Reduction Act (PRA). This
The licensee should inform its the United States. Furthermore, an information collection requirements
authorized importers that if they enter applicant must have, during calendar have been approved by Office of
an amount less than the exact amount year 2000, cut and sewed men’s and Management and Budget (OMB) under
requested and authorized by the Import boy’s cotton shirts in the United States an emergency request under Control
Approval, the importer must annotate from imported woven fabrics of cotton Number 0625–0260. A request for
the Import Approval form and send a containing 85 percent or more by weight permanent approval is pending. When
copy to the Department and to the of cotton of the kind described in HTS the approval is provided, notice will be
licensee. This annotation will be used to headings 9902.52.08 through 9902.5219 published in the Federal Register.
correct the record of use of the license. purchased by such manufacturer during Notwithstanding any other provision
Failure to provide such information calendar year 2000. The applicant may of law, no person is required to respond
could disrupt the orderly use of the have cut or sewn these cotton shirts on to, nor shall any person be subject to a
license. Imports in excess of amount of its own behalf or had another person cut penalty for failure to comply with, a
import approval are not authorized. and sew the cotton shirts on the collection of information subject to the
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applicant’s behalf, provided the requirements of the PRA unless that


Classification
applicant owned the fabric at the time collection of information displays a
Executive Order 12866: This rule has it was cut and sewn. current valid OMB control number. The
been determined to be not significant Amended entries are costly and time information collected will be used by
under E.O. 12866. consuming. To obtain the duty benefits the Department to allocate the tariff rate

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Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations 40237

quota among manufacturers. Responses HTS means the Harmonized Tariff ITA-4156P providing the following
to the collection of information are Schedule of the United States. information:
required for a manufacturer to receive Imports subject to Tariff Rate Quota (1) Identification: Company name,
allocation of the tariff rate quota. are defined by date of presentation as address, contact telephone number,
Records substantiating information defined in 19 CFR 132.1(d) and 19 CFR e-mail address, federal tax identification
provided in an application must be 132.11(a). number, name of person submitting the
retained. It is estimated that the annual Licensee means applicant for an application, and title, or capacity in
burden for the collection will average allocation of the Tariff Rate Quota that which the person is acting for the
one hour per application. This includes receives an allocation and a license. applicant.
the time for reviewing instructions, Manufacturer means a person or (2) Manufacturing Facilities: The
searching existing data sources, entity that cuts and sews men’s and name and address of each plant or
gathering and maintaining the data boys’ cotton woven shirts in the United location in the United States where
needed, and completing and reviewing States. men’s and boy’s cotton shirts of
the collection of information. Send Tariff Rate Quota or Quotas means imported woven fabric of the kind
comments regarding this burden the temporary duty reduction provided described in HTS headings 9902.52.08
estimate or any other aspect of this under Section 406 of the Act for limited through 9902.52.19 was cut and sewn in
collection of information, including quantities of cotton woven fabrics calendar year 2000.
suggestions for reducing this burden, to entered under HTS headings 9902.52.08 (3) Date of purchase: The date of
the Office of Management and Budget, through 9902.52.19 suitable for use in purchase shall be (a) the invoice date if
Washington, DC 20503 (Attention: ITA making men’s and boys’ cotton woven the manufacturer is not the importer of
Desk Officer). shirts. record; and (b) the date of entry if the
Dated: July 18, 2007. Tariff Rate Quota Year means a manufacturer is the importer of record.
Joseph A. Spetrini, calendar year for which the Tariff Rate (4) Quantity of fabric: The quantity of
Deputy Assistant Secretary for Import Quotas are in effect. imported woven fabrics of cotton
Administration. containing 85 percent or more by weight
§336.3 Eligibility Criteria and Application of cotton purchased during calendar
List of Subjects Requirements to receive allocation. year 2000 for use in the cutting and
15 CFR Part 336 (a) In each year prior to the Tariff Rate sewing of men’s and boys’ shirts in the
Quota Year, the Department will cause United States.
Imports, Quotas, Reporting and to be published a Federal Register (5) Affidavit: At the conclusion of the
Recordkeeping, Tariffs, Textiles. notice soliciting applications to receive application an officer of the
■ For reasons stated in the preamble, an allocation of the Tariff Rate Quotas. manufacturer must certify that the
Part 336 is added to title 15 of the Code (b) An application for a Tariff Rate manufacturer is eligible to receive a
of Federal Regulations to read as Quota must be received, or postmarked license and stating the quantity of
follows: by the U.S. Postal Service, within 30 imported woven fabrics of cotton
calendar days after the date of containing 85 percent or more by weight
PART 336—IMPORTS OF COTTON publication of the Federal Register of cotton purchased during calendar
WOVEN FABRIC notice soliciting applications. year 2000 for use in the cutting and
Sec. (c) Eligibility sewing of men’s and boys’ shirts in the
§336.1 Purpose. The TRQ is available to manufacturers United States and attest that all
§336.2 Definitions. that during the calendar year of the date information contained in the
§336.3 Eligibility Criteria and Application of application, have cut and sewed application is complete and correct and
Requirements to receive allocation. men’s and boys’ cotton woven shirts in no false claims, statements or
§336.4 Allocation. the United States. Furthermore, an representations have been made.
§336.5 Licenses.
applicant must have, during calendar Applicants should be aware that,
Authority: Section 406 Public Law 109– year 2000, cut and sewed men’s and generally, pursuant to 31 U.S.C. 3729
434. Tax Relief and Health Care Act of 2006. boy’s cotton shirts in the United States persons providing false or fraudulent
December 9, 2006. from imported woven fabrics of cotton claims, and pursuant to 18 U.S.C. 101,
§336.1 Purpose. containing 85 percent or more by weight persons making materially false
This part sets forth regulations of cotton of the kind described in HTS statement to representations, are subject
regarding the issuance and effect of headings 9902.52.08 through 9902.5219 to civil or criminal penalties,
licenses for allocation of Cotton Woven purchased by such manufacturer during respectively.
Fabric under the Tariff Rate Quota calendar year 2000. The applicant may (6) Notarization. All application must
established by Section 406 of the Act. have cut or sewn these cotton shirts on be notarized by a licensed public notary.
its own behalf or had another person cut (e) Confidentiality. Any business
§336.2 Definitions. and sew the cotton shirts on the confidential information provided
For purposes of these regulations: applicant’s behalf, provided the pursuant to this section that is marked
Act means the Tax Relief and Health applicant owned the fabric at the time ‘‘business confidential’’ will be kept
Care Act of 2006 (Public Law 109–434). it was cut and sewn. Any manufacturer confidential and protected from
Cotton Shirts means men’s and boys’ who becomes a successor-of-interest to disclosure to the full extent permitted
cotton shirts made from woven fabric a manufacturer of the cotton shirts by law.
containing 85 percent or more by weight described in HTS headings 9902.52.08 (f) Record Retention: The applicant
of cotton. through 9902.52.19 during 2000 because shall retain records substantiating the
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Cotton Woven Fabric means woven of a reorganization or otherwise, shall be information provided in §336.3(d)(2),
fabrics of cotton containing 85 percent eligible to apply for a TRQ. and (3), and (4) for a period of 3 years
or more by weight of cotton. (d) Application Requirements: and the records must be made available
Department means the United Sates To receive consideration for a TRQ, upon request by an appropriate
Department of Commerce. an applicant must submit ITA Form government official.

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40238 Federal Register / Vol. 72, No. 141 / Tuesday, July 24, 2007 / Rules and Regulations

§336.4 Allocation. copy of such authorization to the ACTION: Final rule; correction.
(a) The Tariff Rate Quota licenses will Department. A Licensee may only
be issued to eligible manufacturers on withdraw authorization from an SUMMARY: On July 2, 2007, the Drug
the basis of the percentage of each importer by notifying the importer, in Enforcement Administration (DEA)
manufacturer’s quantity of imported writing or by electronic notice, and published a final rule in the Federal
woven fabrics described under HTS providing a copy to the Department. Register changing the regulation of
headings 9902.52.08 through 9902.52.19 (g) The written authorization must iodine under the Controlled Substances
during calendar year 2000, compared to include a unique number of the license, Act. Several amendatory instructions
the imports of such fabric by all must specifically cover the type of fabric amending the Code of Federal
manufacturers that qualify for a Tariff imported, and must be in possession of Regulations (CFR) to implement this
Rate Quota license. the importer at the time of filing the rulemaking were published in error.
(b) The Department will cause to be entry summary or warehouse This correction corrects those errors.
published in the Federal Register its withdrawal for consumption (Customs EFFECTIVE DATES: This correction is
determination to allocate Tariff Rate Form 7501), or its electronic equivalent, effective July 24, 2007.
Quotas and issue licenses to in order for the importer to obtain the FOR FURTHER INFORMATION CONTACT:
manufacturers within 60 days after the applicable Tariff Rate Quota duty rate. Christine A. Sannerud, PhD, Chief, Drug
manufacturers file an application with The authorization also must include the and Chemical Evaluation Section, Office
the Department. unique PIN assigned by the licensee to of Diversion Control, Drug Enforcement
the importer. A copy of the Administration, Washington, DC 20537
§336.5 Licenses.
authorization and PIN assigned to each at (202) 307–7183.
(a) Each Licensee will receive a importer must be provided to the SUPPLEMENTARY INFORMATION: On July 2,
license, which will include a unique Department by fax (202) 482-0667 or by
control number. 2007, the Drug Enforcement
mail to the Office of Textiles and Administration (DEA) published a Final
(b) A license may be exercised only
Apparel, Room 3001, United States Rule in the Federal Register (72 FR
for fabric entered for consumption, or
Department of Commerce, Washington, 35920) changing the regulation of iodine
withdrawn from warehouse for
D.C. 20230 . The licensee also must under the Controlled Substances Act. As
consumption, during the Tariff Rate
advise the Department of each part of that rulemaking, several sections
Quota Year specified in the license. A
authorized importer’s Importer of in Part 1310 of Title 21 of the Code of
licensee will be debited on the basis of
Record Identification Number. Federal Regulations (CFR) were
date of entry for consumption or
(h) It is the responsibility of the amended. However, DEA previously
withdrawal from warehouse for
Licensee to safeguard the use of the published several documents in the
consumption.
(c) A Licensee may import fabric license issued. The Department and U.S. Federal Register adding similarly
certified by the importer as suitable for Customs and Border Protection will not designated paragraphs. Thus, the final
use in making men’s and boys’ cotton be liable for any improper use of the rule regarding the regulation of iodine
shirts under the Tariff Rate Quota as license. published July 2, 2007 at 72 FR 35920
specified in the license up to the (i) The licensee should inform its inadvertently removed those previous
quantity specified in the license subject authorized importers that if they enter amendments. Therefore, this document
to the Tariff Rate Quota duty rate. Only an amount less than the exact amount corrects the amendments to the affected
a Licensee or an importer authorized by requested and authorized by the Import CFR sections to correctly designate
a Licensee will be permitted to import Approval, the importer must annotate paragraphs, thus reflecting all
fabric under the Tariff Rate Quota and the Import Approval form and send a amendments to Part 1310 of Title 21 of
to receive the Tariff Rate Quota duty copy to the Department and to the the CFR.
rate. licensee. This annotation will be used to
correct the record of use of the license. ■ Accordingly, the final rule published
(d) The term of the license shall be the July 2, 2007, at 72 FR 35920 (FR Doc.
Tariff Rate Quota Year for which it is Failure to provide such information
could disrupt the orderly use of the E7–12736) is corrected as follows:
issued. Fabric may be entered or
withdrawn from warehouse for license. Imports in excess of amount of PART 1310—RECORDS AND
consumption under a license only import approval are not authorized. REPORTS OF LISTED CHEMICALS
during the term of that license. The [FR Doc. E7–14321 Filed 7–23–07; 8:45 am] AND CERTAIN MACHINES [AMENDED]
license cannot be used for fabric entered BILLING CODE 3510–DS–S
or withdrawn from warehouse for ■ 1. On page 35931, amendment 4 is
consumption after December 31 of the corrected to read as follows: ‘‘4. Section
year of the term of the license. 1310.02 is amended by adding a new
DEPARTMENT OF JUSTICE paragraph (a)(29), removing paragraph
(e) The importer of fabric entered or
withdrawn from warehouse for (b)(11), and redesignating paragraph
Drug Enforcement Administration (b)(12) as paragraph (b)(11) to read as
consumption under a license must be
the Licensee or an importer authorized follows:’’
21 CFR Part 1310
by the licensee to act on its behalf. If the § 1310.02 Substances covered.
importer of record is the Licensee, the [Docket No. DEA–257C]
* * * * *
importer must possess the license at the (a) * * *
RIN 1117–AA93
time of filing the entry summary or
(29) Iodine .......................................... 6699
warehouse withdrawal for consumption Changes in the Regulation of Iodine
(Customs Form 7501). Crystals and Chemical Mixtures * * * * *
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(f) A Licensee may only authorize an Containing Over 2.2 Percent Iodine; ■ 2. On page 35931, amendment 5 is
importer to import fabric under the Correction corrected to read as follows: ‘‘5. Section
license on its behalf by making such an 1310.04 is amended by removing
authorization in writing or by electronic AGENCY:Drug Enforcement paragraph (f)(2)(ii)(H); redesignating
notice to the importer and providing a Administration (DEA), Justice (f)(2)(ii)(I) and (f)(2)(ii)(J) as (f)(2)(ii)(H)

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