Notice2024-00320
Tin Mill Products From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value and Final Affirmative Determination of Critical Circumstances
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of tin mill products from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation is July 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1538-1541]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00320]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-150]
Tin Mill Products From the People's Republic of China: Final
Affirmative Determination of Sales at Less-Than-Fair Value and Final
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of tin mill products from the People's Republic of China
(China) are being, or are likely to be, sold in the United States at
less-than-fair value (LTFV). The period of investigation is July 1,
2022, through December 31, 2022.
DATES: Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations,
Office V, Enforcement and Compliance,
[[Page 1539]]
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1110.
SUPPLEMENTARY INFORMATION:
Background
On August 22, 2023, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of tin
mill products from China.\1\ We invited parties to comment on the
Preliminary Determination. On September 12, 2023, Commerce published in
the Federal Register, pursuant to 19 CFR 351.210(g), notice of
postponement of the final determination to January 4, 2024.\2\
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\1\ See Tin Mill Products from the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less-Than-Fair
Value and Preliminary Affirmative Determination of Critical
Circumstances, 88 FR 57099 (August 22, 2023) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Tin Mill Products from the People's Republic of China:
Postponement of Final Determination in the Less-Than-Fair-Value
Investigation, 88 FR 62542 (September 12, 2023).
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination may be found in the
Issues and Decision Memorandum.\3\ The Issues and 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination of Sales at Less-Than-Fair-Value and Final
Affirmative Critical Circumstances Determination of Tin Mill
Products from the People's Republic of China,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are tin mill products
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued a Preliminary Scope Decision
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\4\ We received comments from parties on the Preliminary Scope
Memorandum, which we address in the Final Scope Decision Memorandum.\5\
We did not make any changes to the scope of the investigation from the
scope published in the Preliminary Determination, as noted in Appendix
I.
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\4\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated August 16, 2023 (Preliminary Scope Decision Memorandum).
\5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this notice (Final Scope Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by interested
parties in this investigation are addressed in the Issues and Decision
Memorandum. A list of the issues raised is attached to this notice as
Appendix II.
Final Affirmative Determination of Critical Circumstances
We continue find that critical circumstances exist for imports of
tin mill products from China for the China-wide entity pursuant to
sections 735(a)(3)(A) and (B) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.206.\6\ For a discussion and analysis of
comments regarding the results of Commerce's critical circumstances
analysis, see the Issues and Decision Memorandum.\7\
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\6\ See Issues and Decision Memorandum.
\7\ Id.
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China-Wide Entity and Use of Adverse Facts Available (AFA)
For the purposes of this final determination, consistent with the
Preliminary Determination,\8\ we relied solely on the application of
AFA for the rate assigned to China-wide entity, pursuant to sections
776(a) and (b) of the Act. Further, because no companies are eligible
for a rate separate from the China-wide entity, we continue to find
that all known exporters of Chinese tin mill products are part of the
China-wide entity. After review and consideration of parties' comments,
as explained in the Issues and Decision Memorandum, we made no changes
to the China-wide entity's dumping margin for the final
determination.\9\
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\8\ See Preliminary Determination PDM at 9-12.
\9\ Id.
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Combination Rates
In the Initiation Notice, Commerce stated that it would calculate
producer/exporter combination rates for the respondents that are
eligible for a separate rate in this investigation.\10\ Because no
Chinese exporters are eligible for a separate rate in this
investigation, we did not calculate producer/exporter combination rates
for this final determination.
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\10\ See Tin Mill Products from Canada, the People's Republic of
China, Germany, the Netherlands, the Republic of Korea, Taiwan, the
Republic of Turkey, and the United Kingdom: Initiation of Less-Than-
Fair-Value Investigations, 88 FR 9481, 9486 (February 14, 2023)
(Initiation Notice).
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Final Determination
The final estimated weighted-average dumping margin is as follows:
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Estimated weighted-
average dumping
Estimated weighted- margin adjusted
Exporter/producer average dumping for export subsidy
margin (percent) offset(s)
(percent)
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China-Wide Entity............... 122.52 111.98
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Disclosure
Normally, Commerce will disclose to the parties in a proceeding the
calculations performed in connection with a final determination within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of final determination in the Federal Register, in accordance with 19
CFR 351.224(b). However, because Commerce continues to find that all
Chinese exporters of tin mill products are part of the China-wide
entity and continues to rely solely on the application of AFA for the
China-wide entity, there are no calculations to disclose for this final
determination.
[[Page 1540]]
Continuation of Suspension of Liquidation
In accordance with sections 735(c)(1)(B) and 735(c)(4)(A) of the
Act, for the China-wide entity, Commerce will instruct U.S. Customs and
Border Protection (CBP) to continue to suspend liquidation of subject
merchandise as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption, on or after May
24, 2023, which is 90 days prior to the date of publication of the
Preliminary Determination in the Federal Register. These suspension of
liquidation instructions will remain in effect until further notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce makes an affirmative
determination for domestic subsidy pass-through or export subsidies,
Commerce offsets the calculated estimated weighted-average dumping
margin by the appropriate rates. Commerce has continued to adjust the
cash deposit rate for the China-wide entity for export subsidies in the
companion CVD investigation by the appropriate export subsidy rate as
indicated in the above chart.\11\ However, suspension of liquidation of
provisional measures in the companion CVD case has been discontinued;
\12\ therefore, we are not instructing CBP to collect cash deposits
based upon the adjusted estimated weighted-average dumping margin for
those export subsidies at this time.
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\11\ See Issues and Decision Memorandum at ``Adjustment to Cash
Deposit Rate for Export Subsidies.''
\12\ See Tin Mill Products from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final Antidumping Duty
Determination, 88 FR 41373 (June 26, 2023); see also section 703(d)
of the Act, which states that the provisional measures may not be in
effect for more than four months, which in the companion CVD case is
120 days after the publication of the preliminary determination, or
October 24, 2023.
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Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), we will instruct CBP to require a cash deposit for such
entries of merchandise equal to the amount by which the normal value
exceeds the U.S. price as follows: (1) for all Chinese exporters of
subject merchandise, the cash deposit rate will be equal to the
estimated dumping margin established for the China-wide entity; and (2)
for all third country exporters of subject merchandise, the cash
deposit rate is also the cash deposit rate applicable to the China-wide
entity. These suspension of liquidation instructions will remain in
effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of tin mill
products from China no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded or canceled, and suspension of
liquidation will be lifted. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR
351.210(c).
Dated: January 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products within the scope of the investigation are tin mill
flat-rolled products that are coated or plated with tin, chromium,
or chromium oxides. Flat-rolled steel products coated with tin are
known as tinplate. Flat-rolled steel products coated with chromium
or chromium oxides are known as tin-free steel or electrolytic
chromium-coated steel. The scope includes all the noted tin mill
products regardless of thickness, width, form (in coils or cut
sheets), coating type (electrolytic or otherwise), edge (trimmed,
untrimmed or further processed, such as scroll cut), coating
thickness, surface finish, temper, coating metal (tin, chromium,
chromium oxide), reduction (single- or double- reduced), and whether
or not coated with a plastic material.
All products that meet the written physical description are
within the scope of the investigation unless specifically excluded.
The following products are outside and/or specifically excluded from
the scope of the investigation:
<bullet> Single reduced electrolytically chromium coated steel
with a thickness 0.238 mm (85 pound base box) (<plus-minus> 10%) or
0.251 mm (90 pound base box) (<plus-minus> 10%) or 0.255 mm (<plus-
minus> 10%) with 770 mm (minimum width) (<plus-minus> 1.588 mm) by
900 mm (maximum length if sheared) sheet size or 30.6875 inches
(minimum width) (<plus-minus> \1/16\ inch) and 35.4 inches (maximum
length if sheared) sheet size; with type MR or higher (per ASTM)
A623 steel chemistry; batch annealed at T2 \1/2\ anneal temper, with
a yield strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile
strength of 43 to 58 kpsi (296 to 400 Mpa); with a chrome coating
restricted to 32 to 150 mg/m\2\; with a chrome oxide coating
restricted to 6 to 25 mg/m\2\ with a modified 7B ground roll finish
or blasted roll finish; with roughness average (Ra) 0.10 to 0.35
micrometers, measured with a stylus instrument with a stylus radius
of 2 to 5 microns, a trace length of 5.6 mm, and a cut-off of 0.8
mm, and the measurement traces shall be made perpendicular to the
rolling direction; with an oil level of 0.17 to 0.37 grams/base box
as type BSO, or 2.5 to 5.5 mg/m\2\ as type DOS, or 3.5 to 6.5 mg/
m\2\ as type ATBC; with electrical conductivity of static probe
voltage drop of 0.46 volts drop maximum, and with electrical
conductivity degradation to 0.70 volts drop maximum after stoving
(heating to 400 degrees F for 100 minutes followed by a cool to room
temperature).
<bullet> Single reduced electrolytically chromium- or tin-coated
steel in the gauges of 0.0040 inch nominal, 0.0045 inch nominal,
0.0050 inch nominal, 0.0061 inch nominal (55 pound base box weight),
0.0066 inch nominal (60 pound base box weight), and 0.0072 inch
nominal (65 pound base box weight), regardless of width, temper,
finish, coating or other properties.
<bullet> Single reduced electrolytically chromium coated steel
in the gauge of 0.024
[[Page 1541]]
inch, with widths of 27.0 inches or 31.5 inches, and with T-1 temper
properties.
<bullet> Single reduced electrolytically chromium coated steel,
with a chemical composition of 0.005% max carbon, 0.030% max
silicon, 0.25% max manganese, 0.025% max phosphorous, 0.025% max
sulfur 0.070% max aluminum, and the balance iron, with a metallic
chromium layer of 70-130 mg/m\2\, with a chromium oxide layer of 5-
30 mg/m\2\, with a tensile strength of 260-440 N/mm\2\, with an
elongation of 28-48%, with a hardness (HR-30T) of 40-58, with a
surface roughness of 0.5-1.5 microns Ra, with magnetic properties of
Bm (kg) 10.0 minimum, Br (kg) 8.0 minimum, Hc (Oe) 2.5-3.8, and MU
1400 minimum, as measured with a Riken Denshi DC magnetic
characteristic measuring machine, Model BHU-60.
<bullet> Bright finish tin-coated sheet with a thickness equal
to or exceeding 0.0299 inch, coated to thickness of \3/4\ pound
(0.000045 inch) and 1 pound (0.00006 inch).
<bullet> Electrolytically chromium coated steel having ultra
flat shape defined as oil can maximum depth of \5/64\ inch (2.0 mm)
and edge wave maximum of \5/64\ inch (2.0 mm) and no wave to
penetrate more than 2.0 inches (51.0 mm) from the strip edge and
coilset or curling requirements of average maximum of \5/64\ inch
(2.0 mm) (based on six readings, three across each cut edge of a 24
inches (61 cm) long sample with no single reading exceeding \4/32\
inch (3.2 mm) and no more than two readings at \4/32\ inch (3.2 mm))
and (for 85 pound base box item only: crossbuckle maximums of 0.001
inch (0.0025 mm) average having no reading above 0.005 inch (0.127
mm)), with a camber maximum of \1/4\ inch (6.3 mm) per 20 feet (6.1
meters), capable of being bent 120 degrees on a 0.002 inch radius
without cracking, with a chromium coating weight of metallic
chromium at 100 mg/m\2\ and chromium oxide of 10 mg/m\2\, with a
chemistry of 0.13% maximum carbon, 0.60% maximum manganese, 0.15%
maximum silicon, 0.20% maximum copper, 0.04% maximum phosphorous,
0.05% maximum sulfur, and 0.20% maximum aluminum, with a surface
finish of Stone Finish 7C, with a DOS-A oil at an aim level of 2 mg/
square meter, with not more than 15 inclusions/foreign matter in 15
feet (4.6 meters) (with inclusions not to exceed \1/32\ inch (0.8
mm) in width and \3/64\ inch (1.2 mm) in length), with thickness/
temper combinations of either 60 pound base box (0.0066 inch) double
reduced CADR8 temper in widths of 25.00 inches, 27.00 inches, 27.50
inches, 28.00 inches, 28.25 inches, 28.50 inches, 29.50 inches,
29.75 inches, 30.25 inches, 31.00 inches, 32.75 inches, 33.75
inches, 35.75 inches, 36.25 inches, 39.00 inches, or 43.00 inches,
or 85 pound base box (0.0094 inch) single reduced CAT4 temper in
widths of 25.00 inches, 27.00 inches, 28.00 inches, 30.00 inches,
33.00 inches, 33.75 inches, 35.75 inches, 36.25 inches, or 43.00
inches, with width tolerance of \1/8\ inch, with a thickness
tolerance of 0.0005 inch, with a maximum coil weight of 20,000
pounds (9071.0 kg), with a minimum coil weight of 18,000 pounds
(8164.8 kg), with a coil inside diameter of 16 inches (40.64 cm)
with a steel core, with a coil maximum outside diameter of 59.5
inches (151.13 cm), with a maximum of one weld (identified with a
paper flag) per coil, with a surface free of scratches, holes, and
rust.
<bullet> Electrolytically tin coated steel having differential
coating with 1.00 pound/base box equivalent on the heavy side, with
varied coating equivalents in the lighter side (detailed below),
with a continuous cast steel chemistry of type MR, with a surface
finish of type 7B or 7C, with a surface passivation of 0.7 mg/square
foot of chromium applied as a cathodic dichromate treatment, with
coil form having restricted oil film weights of 0.3-0.4 grams/base
box of type DOS-A oil, coil inside diameter ranging from 15.5 to 17
inches, coil outside diameter of a maximum 64 inches, with a maximum
coil weight of 25,000 pounds, and with temper/coating/dimension
combinations of: (1) CAT4 temper, 1.00/.050 pound/base box coating,
70 pound/base box (0.0077 inch) thickness, and 33.1875 inch ordered
width; or (2) CAT5 temper, 1.00/0.50 pound/base box coating, 75
pound/base box (0.0082 inch) thickness, and 34.9375 inch or 34.1875
inch ordered width; or (3) CAT5 temper, 1.00/0.50 pound/base box
coating, 107 pound/base box (0.0118 inch) thickness, and 30.5625
inch or 35.5625 inch ordered width; or (4) CADR8 temper, 1.00/0.50
pound/base box coating, 85 pound/base box (0.0093 inch) thickness,
and 35.5625 inch ordered width; or (5) CADR8 temper, 1.00/0.25
pound/base box coating, 60 pound/base box (0.0066 inch) thickness,
and 35.9375 inch ordered width; or (6) CADR8 temper, 1.00/0.25
pound/base box coating, 70 pound/base box (0.0077 inch) thickness,
and 32.9375 inch, 33.125 inch, or 35.1875 inch ordered width.
<bullet> Electrolytically tin coated steel having differential
coating with 1.00 pound/base box equivalent on the heavy side, with
varied coating equivalents on the lighter side (detailed below),
with a continuous cast steel chemistry of type MR, with a surface
finish of type 7B or 7C, with a surface passivation of 0.5 mg/square
foot of chromium applied as a cathodic dichromate treatment, with
ultra flat scroll cut sheet form, with CAT5 temper with 1.00/0.10
pound/base box coating, with a lithograph logo printed in a uniform
pattern on the 0.10 pound coating side with a clear protective coat,
with both sides waxed to a level of 15-20 mg/216 sq. inch, with
ordered dimension combinations of (1) 75 pound/base box (0.0082
inch) thickness and 34.9375 inch x 31.748 inch scroll cut
dimensions; or (2) 75 pound/base box (0.0082 inch) thickness and
34.1875 inch x 29.076 inch scroll cut dimensions; or (3) 107 pound/
base box (0.0118 inch) thickness and 30.5625 inch x 34.125 inch
scroll cut dimension.
<bullet> Tin-free steel coated with a metallic chromium layer
between 100-200 mg/m\2\ and a chromium oxide layer between 5-30 mg/
m\2\; chemical composition of 0.05% maximum carbon, 0.03% maximum
silicon, 0.60% maximum manganese, 0.02% maximum phosphorous, and
0.02% maximum sulfur; magnetic flux density (Br) of 10 kg minimum
and a coercive force (Hc) of 3.8 Oe minimum.
<bullet> Tin-free steel laminated on one or both sides of the
surface with a polyester film, consisting of two layers (an
amorphous layer and an outer crystal layer), that contains no more
than the indicated amounts of the following environmental hormones:
1 mg/kg BADGE (BisPhenol--A Di-glycidyl Ether), 1 mg/kg BFDGE
(BisPhenol--F Di-glycidyl Ether), and 3 mg/kg BPA (BisPhenol--A).
The merchandise subject to the investigation is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS), under HTSUS subheadings 7210.11.0000, 7210.12.0000,
7210.50.0020, 7210.50.0090, 7212.10.0000, and 7212.50.0000 if of
non-alloy steel and under HTSUS subheadings 7225.99.0090, and
7226.99.0180 if of alloy steel. Although the subheadings are
provided for convenience and customs purposes, the written
description of the scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and Adverse Inference
VI. Adjustments to Cash Deposit Rates for Export Subsidies
VII. Affirmative Determination of Critical Circumstances
VIII. Discussion of the Issues
Comment 1: Whether Commerce Properly Denied the Shougang
Companies Separate Rate Status
Comment 2: Whether Commerce's Massive Imports Determination Was
Flawed
IX. Recommendation
[FR Doc. 2024-00320 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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