Notice2026-02493
Float Glass Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination
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
February 9, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of float glass products (float glass) from the People's Republic of China (China). The period of investigation is January 1, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 91 Issue 26 (Monday, February 9, 2026)</title>
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[Federal Register Volume 91, Number 26 (Monday, February 9, 2026)]
[Notices]
[Pages 5708-5711]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02493]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-189]
Float Glass Products From the People's Republic of China: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of float glass products (float glass) from the People's Republic of
China (China). The period of investigation is January 1, 2023, through
December 31, 2023.
DATES: Applicable February 9, 2026.
FOR FURTHER INFORMATION CONTACT: Nathan James or Kelsie Hohenberger,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-5305 or (202)
482-2517, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 19, 2025, Commerce published the Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
In accordance with section 705(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final
countervailing duty (CVD) determination with the final determination in
the less-than-fair-value (LTFV) investigation of float glass products
from China.\2\ On August 8, 2025, Commerce issued a post-preliminary
analysis.\3\
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\1\ See Float Glass Products from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 90 FR 21281 (May 19, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Id.
\3\ See Memorandum, ``Post-Preliminary Analysis in the
Countervailing Duty Investigation of Float Glass Products from the
People's Republic of China,'' dated August 8, 2025.
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Due to the lapse in appropriations and Federal Government shutdown,
on November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\4\ Additionally, due to a backlog of documents
that were electronically filled via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\5\ Accordingly, the deadline for this final
determination is now February 3, 2026.
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\4\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\5\ See Memorandum, ``Tolling of All Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\6\
The Issues and Decision Memorandum is a public document and is on file
electronically via 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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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Float Glass 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 product covered by this investigation is float glass from
China. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments.\7\ We received
scope case and rebuttal briefs from multiple parties. For a summary of
the product coverage comments and rebuttal responses submitted to the
record for this final determination, and accompanying discussion and
analysis of all comments timely received, see the Final Scope
Memorandum.\8\ In the Final Scope Memorandum, Commerce determined that
it is modifying the scope language as it appeared in the Initiation
Notice.\9\ See Appendix I.
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\7\ See Memorandum, ``Float Glass Products from the People's
Republic of China and Malaysia: Scope Comments Decision Memorandum
for the Preliminary Determinations,'' dated July 9, 2025
(Preliminary Scope Memorandum).
\8\ See Memorandum, ``Float Glass Products from the People's
Republic of China and Malaysia: Scope Comments Decision Memorandum
for the Final Determinations,'' dated concurrently with this notice
(Final Scope Memorandum).
\9\ See Float Glass Products from the People's Republic of China
and Malaysia: Initiation of Countervailing Duty Investigations, 90
FR 1443 (January 8, 2025) (Initiation Notice).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in June 2025, Commerce verified the information reported by
Xinyi Group (Glass) Company Limited (Xinyi HK) and its cross-owned
production affiliates for use in our final determination.\10\ We used
standard
[[Page 5709]]
verification procedures, including an examination of relevant
accounting records and original source documents provided at
verification.\11\
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\10\ Xinyi HK's cross-owned production affiliates include: (1)
Xinyi Special Glass (Jiangmen) Company Limited; (2) Xinyi Glass
(Chongqing) Company Limited; (3) Xinyi Glass Guangxi Company
Limited; (4) Xinyi Ultrathin Glass (Dongguan) Co., Ltd; (5) Xinyi
Electronic Glass (Wuhu) Co., Ltd.; (6) Xinyi Glass (Hainan) Co.,
Ltd.; (7) Xinyi Glass (Yingkou) Co., Ltd.; (8) Xinyi Energy Smart
(Sichuan) Co., Ltd; (9) Xinyi Glass (Wuhu) Company Limited; (10)
Xinyi Glass (Tianjin) Co., Ltd.; (11) Xinyi Glass (Jiangsu) Co.,
Ltd.; (12) Xinyi Glass Engineering (Dongguan) Co., Ltd; and (13)
Xinyi Glass (Bozhou) Co., Ltd.
\11\ See Memorandum, ``Verification of the Questionnaire
Responses of Xinyi Group (Glass) Company in the Countervailing Duty
Investigation of Float Glass Products from the People's Republic of
China,'' dated September 17, 2025.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this investigation, are discussed in the Issues and Decision
Memorandum. For a list of the issues raised by interested parties and
addressed in the Issues and Decision Memorandum, see Appendix II to
this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce 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.\12\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\12\ 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.
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In making this final determination, Commerce relied, in part, on
facts otherwise available, including with an adverse inference,
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of adverse facts available (AFA), see the
Preliminary Determination \13\ and the Issues and Decision Memorandum
at the sections entitled ``Use of Facts Otherwise Available and
Application of Adverse Inferences.''
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\13\ See Preliminary Determination PDM at 5-23.
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Changes Since the Preliminary Determination and Post-Preliminary
Analysis
We have modified our calculation of the subsidy rate for Xinyi HK
based on comments received from interested parties and our verification
procedures. Furthermore, we revised the total AFA rate to: (1) reflect
changes to the mandatory respondent's program-specific rates resulting
from verification and (2) modify certain program rates selected as part
of our application of total AFA to certain nonresponsive companies.\14\
Additionally, we are no longer determining Shenzhen New Kibing
Technology Co., Ltd.'s subsidy rate using AFA. For a discussion of
these changes, see the Issues and Decision Memorandum.
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\14\ See Issues and Decision Memorandum at Appendix.
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All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or based entirely under section 776 of the Act. In this
investigation, Commerce calculated an individual estimated
countervailable subsidy rate for Xinyi HK, and applied a rate based
entirely on AFA to the second mandatory respondent (i.e., Shandong
Jinjing Science and Technology Stock Co., Ltd). Because the only
individually calculated rate that is not zero, de minimis, or based
entirely on facts otherwise available is the estimated countervailable
subsidy rate calculated for Xinyi HK, we have assigned Xinyi HK's rate
to all other producers and exporters.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
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Subsidy rate (percent
Company ad valorem)
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Xinyi Group (Glass) Company Limited \15\....... 19.75
Shandong Jinjing Science and Technology Stock * 113.34
Co., Ltd......................................
Hubei Sanxia New Building Materials Co., Ltd... * 113.34
Shanghai Yaohua Pilkington Glass Group Co., * 113.34
Ltd. (SYP)....................................
All Others..................................... 19.75
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* Rate is based on facts available with adverse inferences.
Disclosure
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\15\ As noted above, Commerce finds the following companies to
be cross-owned with Xinyi HK: (1) Xinyi Special Glass (Jiangmen)
Company Limited; (2) Xinyi Glass (Chongqing) Company Limited; (3)
Xinyi Glass (Guangxi) Company Limited; (4) Xinyi Ultrathin Glass
(Dongguan) Co., Ltd.; (5) Xinyi Electronic Glass (Wuhu) Co., Ltd.;
(6) Xinyi Glass (Hainan) Co., Ltd.; (7) Xinyi Glass (Yingkou) Co.,
Ltd.; (8) Xinyi Energy Smart (Sichuan) Co., Ltd.; (9) Xinyi Glass
(Wuhu) Company Limited; (10) Xinyi Glass (Tianjin) Co., Ltd.; (11)
Xinyi Glass (Jiangsu) Co., Ltd.; (12) Xinyi Glass Engineering
(Dongguan) Co., Ltd.; and (13) Xinyi Glass (Bozhou) Co., Ltd.
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We intend to disclose the calculations performed in this final
determination to interested parties 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).
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise entered, or
withdrawn from warehouse, for consumption on or after May 19, 2025, the
date of publication of the Preliminary Determination in the Federal
Register. In accordance with section 703(d) of the Act, Commerce
instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse, on
or after September 16, 2025, but to continue the suspension of
liquidation of all entries of subject merchandise on or before
September 15, 2025.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise in the amounts indicated above.
If the ITC determines that material injury, or threat of material
injury, does not exist, this proceeding will be terminated, and all
estimated duties deposited or securities posted as a result of the
suspension of liquidation will be refunded or cancelled.
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ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of float glass
from China. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of float glass from China. In addition, we are making available
to the ITC all non-privileged and non-proprietary information related
to this investigation. We will allow the ITC access to all privileged
and business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Administrative Protective Order
This notice will serve as the final reminder to parties subject to
an APO of their responsibility concerning the return or destruction 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 the terms of an
APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
Dated: February 3, 2026.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of this investigation covers float glass products
(FGP), which are articles of soda-lime-silica glass that are
manufactured by floating a continuous strip of molten glass over a
smooth bath of tin (or another liquid metal with a density greater
than molten glass), cooling the glass in an annealing lehr, and
cutting it to appropriate dimensions. For purposes of the
investigation, float glass products have an actual thickness of at
least 2.0 mm (0.0787 inches) and an actual surface area of at least
0.37 square meters (4.0 square feet).
The country of origin of each float glass product is determined
by the location where the soda-lime-silica glass is first
manufactured by floating a continuous strip of molten glass over a
smooth bath of tin and cooling the glass in an annealing lehr,
regardless of the location of any downstream finishing or
fabrication operations.
Prior to being subjected to further treatment, finishing, or
fabrication, float glass products meet the requirements of Type I
under ASTM-C1036 of the American Society for Testing and Materials
(ASTM).
Float glass products may be clear, stained, tinted, or coated
with one or more materials. Examples of coated float glass products
include Low-E architectural glass (i.e., glass with a low emissivity
coating to limit the penetration of radiant heat energy) and
frameless mirrors (i.e., flat glass with a silver, aluminum, or
other reflective layer) such as mirror stock sheet.
Float glass products may be annealed, chemically strengthened,
heat strengthened, or tempered to achieve a desired surface
compression, pursuant to ASTM-C1048, ASTM-C1422/C1422M, or other
similar specifications.
Float glass products include tub and shower enclosures (i.e.,
doors and panels) made of tempered glass, which may be sold with
attached or unattached hardware. In such cases, the scope covers
only the tempered glass, to the exclusion of any non-glass hardware.
The only float glass product assemblies included within the
scope are: (1) articles consisting of two of more sheets of float
glass that are bonded together using a polymer interlayer (i.e.,
laminated glass); (2) insulating glass units (IGUs), which consist
of two or more sheets of float glass separated by a spacer material
and hermetically sealed together at the edge in order to create a
thermal barrier using air or one or more gases but excluding any
non-float glass components (other than the spacer and insulating
materials) that may be mounted within the space between sheets of
float glass (e.g., blinds, wrought iron cores, and camed patterned
glass), as such non-float glass components are deemed outside the
scope and not subject to duties; and (3) LED mirrors (i.e., float
glass mirrors with one or more light-emitting diodes attached to or
integrated with the mirror, as well as framed float glass mirrors
with one or more light-emitting diodes attached to or integrated
with the mirror or the mirror frame, but without other electronic
functionality such as digital or video displays or audio circuitry).
Float glass products covered by the scope may meet one or more
of the ASTM-C162, ASTM-C1036, ASTM-C1048, ASTM-C1172, ASTM-C1349,
ASTM-C1376, ASTM-C1422/C1422M, ASTM-C1464, ASTM-C1503, ASTM-C1651,
ASTM-E1300, and ASTM-E2190 specifications, definitions, and/or
standards.
Float glass products may be further worked, including, but not
limited to, operations such as: cutting; beveling; edging; notching;
drilling; etching; bending; curving; chipping; embossing; engraving;
surface grinding; or polishing; and sandblasting (i.e., using high
velocity air to stream abrasive particles and thereby impart a
frosted aesthetic to the glass surface). A float glass product which
undergoes further work remains within the scope so long as the soda-
lime-silica glass originally satisfied the requirements of ASTM-
C1036 Type I and was first manufactured in a subject country,
regardless of where it is further worked.
Excluded from the scope are: (1) wired glass (i.e., glass with a
layer of wire mesh embedded within); (2) patterned flat glass (i.e.,
rolled glass with a pattern impressed on one or both sides) meeting
the requirements of Type II under ASTM-C1036, including greenhouse
glass and patterned solar glass (i.e., photovoltaic glass with a
textured surface); (3) safety glazing materials for vehicles
certified to American National Standards Institute (ANSI) Standard
Z26.1; (4) vacuum insulating glass (VIG) units, which consist of two
or more sheets of float glass separated by a spacer material, with
at least one hermetically sealed compartment that uses a gas-free
vacuum as a thermal barrier; (5) framed mirrors without any LEDs
integrated with the mirror or the mirror frame; (6) unframed ``over-
the-door'' mirrors that are ready for use as imported without
undergoing after importation any processing, finishing, or
fabrication; and (7) heat-strengthened washing machine lid glass
with an actual surface area less than 6.0 square feet (0.56 square
meters).
Also excluded from the scope of the investigation are: (1) soda-
lime-silica glass containing less than 0.01 percent iron oxide by
weight, annealed with a surface compression less than 3,500 pounds
per square inch (PSI), having a transparent conductive oxide base
coating (e.g., tin oxide), and with an actual thickness less than or
equal to 4.0 mm (0.1575 inches) (i.e., ``coated solar glass''); and
(2) heat treated soda-lime-silica glass with a surface compression
between 3,500 and 10,000 PSI, containing two or more drilled holes,
and having an actual thickness less than 2.5 mm (0.0984 inches)
(i.e., ``clear back solar glass''). Solar glass products (also known
as photovoltaic glass) are designed to facilitate the conversion of
solar energy into electricity.
Also excluded are metal-camed glass products (i.e., panels of
glass joined together with metal banding) where the constituent
glass panels would otherwise be excluded by reason of their size
(e.g., an actual surface area less than 0.37 square meters, or 4.0
square feet) and/or by reason of consisting of patterned flat glass
(i.e., rolled glass with a pattern impressed on one or both sides)
meeting the requirements of Type II under ASTM-C1036.
Also excluded from the scope of the investigation are any
products already covered by the scope of any extant antidumping and/
or countervailing duty orders, including Aluminum Extrusions from
the People's Republic of China: Antidumping Duty Order, 76 FR 30650
(May 26, 2011), and Aluminum Extrusions from the People's Republic
of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011).
The products subject to the investigation are currently
classifiable under subheadings
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7005.10.8000, 7005.21.1010, 7005.21.1030, 7005.21.2000,
7005.29.1810, 7005.29.1850, 7005.29.2500, 7007.29.0000,
7008.00.0000, 7009.91.5010, 7009.91.5095, and 7009.92.5010 of the
Harmonized Tariff Schedule of the United States (HTSUS). Products
subject to the investigation may also enter under HTSUS subheadings
7006.00.4010, 7006.00.4050, 7007.19.0000, 7013.99.2000,
7013.99.9090, 7610.10.0030, and 7610.90.0080. Although the HTSUS
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. Changes Since the Preliminary Determination
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Apply AFA to Xinyi HK for its
Input Purchase Reporting
Comment 2: Whether Commerce Should Countervail Xinyi HK's
Unreported Tax Programs
Comment 3: Whether Commerce Should Find Non-Use of the Export
Buyer's Credit Program (EBCP) for Xinyi HK
Comment 4: Whether Commerce Should Countervail as AFA the Input
for Less than Adequate Remuneration (LTAR) Programs
Comment 5: Whether Commerce Should Countervail as AFA the
Provision of Electricity for LTAR Program
Comment 6: Whether Commerce Should Countervail as AFA the
Provision of Land for LTAR Program
Comment 7: Whether Commerce Should Countervail as AFA the
Foreign Trade Development Grants, Export Assistance Grants, and
``Other Subsidies'' Programs
Comment 8: Whether Commerce Should Countervail Policy Loans to
the Float Glass Industry
Comment 9: Whether the Income Tax Deduction for Research and
Development (R&D) Expenses under the Enterprise Income Tax Law
(EITL) and Income Tax Reductions for High and New Technology
Enterprises (HNTEs) are Specific
Comment 10: Whether Commerce Should Apply AFA to New Kibing
VIII. Recommendation
[FR Doc. 2026-02493 Filed 2-6-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 9, 2026.
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