Washington, DC 20230. In this interpretation, he adds, all users would benefit if everyone agreed to stop using the law. In part, recent interest in U.S. antidumping policies has been stimu- lated by changes in the popular connotation attached to the term "dump- ing." Under the provisions of the U.S. Antidumping Act of 1921, the An anti-dumping investigation can be initiated in response to a complaint lodged by European manufacturers affected by dumped imports or at the request of an EU country. Use our visualizations to explore scam and fraud trends in your state based on reports from consumers like you. USA.gov|FOIA|Privacy Program|EEO Policy|Disclaimer|Information Quality Guidelines |Accessibility, Official Website of the International Trade Administration, U.S. Antidumping and Countervailing Duties. Only when all four conditions are met can the Commission put anti-dumping measures in place. The I980s witnessed successive reassessments of these issues in both the United States and the Community, and currently they have defacto similar positions. Washington, DC 20230. promoting the advancement of economic knowledge. A locked padlock ) or https:// means youve safely connected to the .gov website. Investigating authorities have the option of accepting price increases that are less than the margin of dumping if they are adequate to remove the injury to the domestic industry. As indicated above, whatever the determination of an AD complaint -- imposition of duties, settlement, or rejection -- a drop in value of trade will result. Before they make a final determination of whether dumping has occurred, the government authorities must inform all interested parties of the essential facts under consideration, giving them sufficient time to defend their interests. Instead, it focuses on how governments canor cannotreact to the practice of dumping. In general, the WTO agreement permits governments to act against dumping "if it causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry.". The provisions of this act allowed for parties filing pricing complaints to share in the funds collected under the AD/CVD program. Active PLMR licenses include 3,577 licenses in the 4.9 GHz band; 19,011 licenses in the 800 MHz band; and 2,716 licenses in the 900 MHz band. Their actions are based on recommendations they receive from the U.S. Department of Commerce and investigations by the ITC and/or the Department of Commerce.. Because of the broad language of Section 232, the Biden Administration can claim that anything that harms U.S. supply chains is detrimental to U.S. national security. Ultimately, antidumping policies are put in place to, a. protect domestic producers from unfair foreign Foreign Direct Investment Attraction Events, Services for U.S. Companies New to Exporting, Services for U.S. Companies Currently Exporting, Office of Trade Agreements Negotiation and Compliance. In this regard Prusa suggests that legal experts are not wrong in labeling the appetite for AD as a form of international harassment. Pursuant to the Doha Ministerial Declaration, negotiations for the Anti-Dumping Agreement are currently underway. Filing of AD complaints rose by 25 percent in the last decade from the 1980s level. This is using protectionism to achieve a clean energy agenda. B. set the maximum price a foreign producer can charge. View a list of our recent AD/CVD case announcements. The Biden Administration is currently reviewing the Trump Administrations trade policy. Unlike the Section 301 tariffs that apply to just one country (China Tariffs), Section 232 tariffs apply to steel and aluminum imports from strategic allies including the European Union (EU). Today such countries account for over 100 petitions annually, nearly half of the worldwide total. President Biden has elected to keep in place all of the various tariffs and import restrictions that were imposed by former President Trump. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. The Agreement then sets forth rules for determining whether dumped imports are causing injury to a domestic industry that produces a like product. It provides detailed substantive requirements for determining whether dumping and injury are, in fact, taking place, and sets forth elaborate procedures that governments must follow when they conduct anti-dumping investigations and impose anti-dumping duties. Advocates of antidumping measures claim that they guarantee that international The first looks into the origins of antidumping regulation, the second examines contemporary regulation (antidumping under the GATT), and the third summarizes the significance of the first two. A product is considered to be dumped if it is exported to another country at a price below the normal price of a like product in the exporting country. The U.S. no longer charges tariffs on imports of steel and aluminum from the European Union. 1401 Constitution Ave NW You'll get a detailed solution from a subject matter expert that helps you learn core concepts. This is where the exporter agrees not sell products in the EU at prices below a minimum amount. Today, The Economic Journal U.S. industry can file petitions for the DOC to investigate dumping claims. Find the resources you need to understand how consumer protection law impacts your business. D. make it illegal for a foreign producer to sell a product at a price level lower than domestic producers. The Biden Administration has signaled it may be willing to remove the current Section 232 steel tariffs on the EU and replace them with a TRQ. The article has three sections. Federal government websites often end in .gov or .mil. competition We examine antidumping policy in a model where a foreign firm is a monopolist in the foreign market, but competes with a native firm in the home market. Former President Trump used this broad interpretation of Section 232 to impose tariffs on $15 billion worth of steel and aluminum imports. Prusa's data indicate that the enactment of AD duties means import quantities on average fall by almost 70 percent and import prices rise by more than 30 percent. His administration argued that a surge of solar imports from China and other Asian nations have seriously harmed solar panel producers in the United States. "China Additional Duties on Certain Products from the United States." Any economic threat can be construed as detrimental for U.S. national security. AD's traditional users were highly industrialized nations, including the United States and members of the European Community. "Technical Information on Anti-Dumping." In the U.S., the International Trade Commission (ITC)an independent government agencyis tasked with imposing anti-dumping duties. An official website of the United States government. Experts are tested by Chegg as specialists in their subject area. Should you wish to know more about this topic, you maycontact the European Commission's anti-dumping service. The primary goal of the protectionist policy was to boost U.S. manufacturing and industry and to close the U.S. trade deficit. in domestic markets (The Agreement provides an option of not imposing duties in cases where all requirements for imposing such duties have been fulfilled, but not all authorities allow such an option.) Our AD CVD petition counseling team can help you understand your options under the U.S. trade remedy laws and provide guidance on how to file an AD and/or CVD petition for investigation. CBP also collects AD/CVD cash deposits, administers AD/CVD entries/ assesses and collects final AD/CVD, and enforced AD/CVD on imports that evade AD/CVD orders. The government authorities must establish injury to the domestic industry and that the dumped imports are a cause of that injury. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. The evidence even indicates that the very act of investigating such complaints results in a considerable drop in trade. Before the sale, it is essential to list the furniture pieces you need or wants to buy. protects inefficient industries & invites retaliation/trade wars. Their complaint alleged that several countries, including China, were dumping steel into the U.S. market and keeping prices unfairly low., After conducting a review, one year later the U.S. announced that it would be imposing a total of 522% combined anti-dumping and countervailing import duties on certain steel imported from China. In 2018, China filed a complaint with the WTO challenging the tariffs imposed by the Trump administration. Since then, the Trump administration has continued to use the WTO to challenge what it claims are unfair trading practices by the Chinese government and other trading partners.. The investigation will most likely take a year to be completed.[6]. Members of the Biden Administration have even explicitly deemed the tariffs as effective and necessary.[1] President Biden also ordered a 100-day supply chain review that was completed in June 2021. The welfare of the foreign country may also improve. Antidumping laws seek to prevent products manufactured overseas from being sold by foreign firms in the U.S. at "less than fair value." Countervailing duties seek to offset the subsidies that . Analysis on the underemployment number in the monthly jobs report. The time limit for the Commission's investigation is 14 months. This is commonly referred to as an ex officio initiation. The Commission is not obliged to accept an offer of an undertaking. drawbacks of govt intervention in trade. U.S. In examining the period 1987-97, he devises a formula for quantifying the effect on trade of AD petitions. In On the Spread and Impact of Antidumping (NBER Working Paper No. The World Trade Organization (WTO) is an internationalorganizationthat deals with the rules oftradebetween nations. The World Bank Research Observer Gordon Scott has been an active investor and technical analyst or 20+ years. President Bidens recently completed 100-day supply chain review orders additional trade enforcement actions and restrictions with the goal of securing U.S. supply chains. Definition, Benefits, and Examples. Prusa notes that AD has been enthusiastically embraced in recent years by developing countries. There is little in its history to suggest that the scope of antidumping was ever more particular than protecting home producers from import competition, and there is much to suggest that such protection was its intended scope. For terms and use, please refer to our Terms and Conditions Suspension agreements allow Commerce and interested parties to suspend AD or CVD investigations in favor of an agreement (undertaking) that provides for elimination of the unfair pricing or subsidies, or of the injury caused by the imports under investigation. is available at http://www.interscience.wiley.com. In the long-term, anti-dumping duties can reduce the international competition of domestic companies producing similar goods. The Commission monitors measures to make sure they are effective and respected by exporters and importers. The Economic Journal was first published in 1891 with a view of Thus, these Section 301 China Tariffs are likely to stay in place for the foreseeable future. 1. JSTOR provides a digital archive of the print version of The Economic Section 232 is one of the presidents most powerful trade enforcement tools because it is written so broadly. Any company involved in international trade can benefit from clear and predictable rules for the application of anti-dumping measures. Do you have questions regarding an AD/CVD duty bill or money owed? Section 201 of the Trade Act of 1974 enables the president to impose tariffs and other import restrictions when the U.S. International Trade Commission finds imports cause serious injury to U.S. manufacturers. The agreement has no expiration date. The Antidumping Agreement sets the rules for allowing Members to take action against dumping in order to defend its domestic industries. In a paper published in 1998, CBO concluded that although the United States . The WTO also operates a set of international trade rules, including the international regulation of anti-dumping measures. The trade deficit in 2021 is also larger than ever before, meaning the tariffs did little to lower the United States reliance on imports. Unfair foreign pricing and government subsidies distort the free flow of goods and adversely affect American business in the global marketplace. This can apply to all WTO Members where significant market distortions are found. A lock ( CBP also collects AD/CVD cash deposits, administers AD/CVD entries/ assesses and collects final AD/CVD, and enforced AD/CVD on imports that evade AD/CVD orders. 1995 Royal Economic Society Secondly, Prusa says, AD duties are almost always remarkably large -- even as much as 100 times higher than normal levels. If you have questions about this Agreement or how to use it, you cane-mailthe Office of Trade Agreements Negotiations and Compliance, which will forward your message to the Commerce Departments Designated Monitoring Officer for the Agreement. To the Biden Administration, securing U.S. supply chains entails industrial policy, i.e., subsidizing U.S. manufacturing and industry. Do you need additional information to assist you in participating in a proceeding? Unlike Section 301, Section 232 does not have to identify specific trade violations or practices. on the Business environment in China. Normally anti-dumping duties are applied to all imports of the subject merchandise made on or after the date on which there is a preliminary determination of dumping, injury and causality. This article is about antidumping, in particular about the history of antidumping regulation and its evolution under the GATT system into a major instrument of protection. World Trade Organization. Question: Ultimately, antidumping policies are put in place to a. protect domestic producers from unfair foreign competition b. protect consumers from substandard and hazardous products c. prevent domestic firms from unloading their excess production in domestic markets d. prevent foreign products from entering domestic market e. protect And, in the long-term, anti-dumping duties can reduce the international competition of domestic companies producing similar goods. This intervention must be justified in order to uphold the WTO's commitment to free-market principles. Anti-dumping duties have the potential to distort the market. We also reference original research from other reputable publishers where appropriate. These modifications can be found in Access (pdf, 2 pages, 129KB)and includethe temporary final rule, extension notice, summary, and additional information. We work to advance government policies that protect consumers and promote competition. The electronic version of The Economic Journal Via its monitoring of existing measures, the Commission may become aware of practices that result in the evasion of anti-dumping measures. But in recent years there has been unprecedented growth of "new" AD users, primarily developing countries. and it left those duties in place longer than other countries did. Just why this phenomenon has occurred has yet to be determined, but evidence suggests that developing countries may seek antidumping protection in a "tit-for-tat" retaliation to AD actions taken by the leading industrial states; fully two-thirds of AD complaints, for example, are lodged against other AD users. [3] [4] The USTR under former President Trump deemed that Chinese firms engage in unfair trade practices such as intellectual property (IP) theft and forced technology transfers that harm U.S. firms. Dumping is when a company sells its export products at a lower price than it charges in its domestic market. Serving economic news and views every morning. 7404), Prusa documents some unexpected consequences of antidumping (AD) policies and argues that AD is easily misused. World Trade Organization. Investopedia requires writers to use primary sources to support their work. He previously held senior editorial roles at Investopedia and Kapitall Wire and holds a MA in Economics from The New School for Social Research and Doctor of Philosophy in English literature from NYU. All interested parties are given access to non-confidential information and the opportunity to meet with the parties that have adverse interests, so that opposing views can be presented and rebuttal arguments offered. We provide high-quality, leading-edge analysis of international trade issues to the President and the Congress. years of antidumping policy and its use in the United States and around the world. If your export business is being adversely affected because another WTO member country is not complying with the Anti-Dumping Agreement, contact the Office of Trade Agreements Negotiations and Complianceshotlineat the U.S. Department of Commerce. This increased the price of those imported car accessories for the consumers. EU producers that are considering lodging an anti-dumping complaint shouldcontact us. Only a decade ago, Prusa observes, developing nations filed perhaps one or two complaints of dumping per year. Lina M. Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. It currently publishes more than 6,000 new publications a year, has offices in around fifty countries, and employs more than 5,500 people worldwide. As noted by Viner (I923), US antidumping provisions arose as part of antitrust legislation. Executive Summary These temporary modifications will be in place until further notice. Find information on current AD/CVD Investigations, Orders and Suspension Agreements. Foreign Direct Investment Attraction Events, Services for U.S. Companies New to Exporting, Services for U.S. Companies Currently Exporting. Predatory dumping Documents related to the work of the Committee on Antidumping Practices can also be accessed through the WTO website. Like tariffs, import quotas are designed to protect domestic industry and manufacturing by preventing or discouraging the importation of cheaper foreign goods. The amount of the duty set by the government cannot exceed the margin of dumping, but the Agreement permits it to be lower if it is adequate to remove the injury to the domestic industry. An application will be rejected, according to the Agreement, and an investigation promptly terminated if the government authorities conclude that there is insufficient evidence of either dumping or injury. to anyone with an active interest in economic issues and has established a reputation Accessed Sept. 10, 2020. Do you want to see the most recent AD/CVD case announcements? Dumping is a process wherein a company exports a product at a price that is significantly lower than the price it normally charges in its home (or its domestic) market. A locked padlock ) or https:// means youve safely connected to the .gov website. It must include a complete description of the allegedly dumped product, information on the like product produced by the applicant, evidence regarding export price and normal value, an assessment of the impact of the imports on the domestic industry and information concerning industry support for the application. In both cases, a company engaged in dumping is usually trying to eliminate competitors and gain market share, potentially establishing a monopoly. AD tariffs are designed to offset the value of dumping by raising the effective price of dumped imports to match market value. They are responsible for enforcing AD/CVD laws on imported goods. Therefore ex officio investigations are in practice limited to circumstances where the parameters of a case (e.g. Antidumping and Countervailing Duties Under the Tariff Act of 1930, antidumping (AD) and countervailing (CV) laws enable the DOC to impose duties and other import restrictions if it "finds that imported merchandise was sold in the United States at an unfairly low or subsidized price." The Observer has nearly 1,500 subscribers in OECD countries and nearly 10,000 subscribers in developing countries. [1] https://www.bloomberg.com/news/articles/2021-07-28/u-s-commerce-chief-sees-some-tariffs-as-very-effective, [2] https://sgp.fas.org/crs/misc/R46604.pdf, [3] https://www.americanactionforum.org/research/the-total-cost-of-tariffs/, [5] https://ustr.gov/sites/default/files/Section%20301%20FINAL.PDF, [6] https://www.politico.com/newsletters/weekly-trade, [9] https://www.greentechmedia.com/articles/read/biden-administration-backs-trump-on-solar-tariff-suit, [10] https://www.cbp.gov/trade/priority-issues/adcvd/antidumping-and-countervailing-duties-adcvd-frequently-asked-questions, [11] https://www.mayerbrown.com/-/media/files/news/2018/04/trade-probes-surge-during-trumps-first-year-in-off/files/surgeintradeinvestigations/fileattachment/surgeintradeinvestigations.pdf. Research The Sales In Advance. Will Kenton is an expert on the economy and investing laws and regulations. Thus the Commission may only initiate an investigation on its own motion if it has sufficient evidence of dumped imports causing injury to European industry. We show in this paper that the mere threat of antidumping enforcement may change firm behavior in a manner that raises the home country's welfare. President Biden is promoting trade enforcement in the name of securing supply chainsand ultimately pursuing industrial policy. TRQs allow imports at a lower tariff rate within a quota. While not based on a formal complaint, an ex officio initiation is subject to the same legal and evidential requirements as those applicable to complaints. The Department of Commerce issues Administrative Protective Orders to protect business proprietary information (BPI) submitted to its proceedings. Tariffs, import quotas are designed to offset the value of dumping by raising the effective price of imported! On the economy and investing laws and regulations economy and investing laws regulations! That are considering lodging an anti-dumping complaint shouldcontact us not have to identify specific trade violations or practices is! Products from the 1980s level collected under the AD/CVD program in this regard Prusa suggests that legal experts are wrong! Pursuant to the.gov website dumping is when a company sells its export products at lower... Regarding an AD/CVD duty bill or money owed under the AD/CVD program, and they! Limited to circumstances where the exporter agrees not sell products in the global marketplace to assist in! To offset the value of dumping per year want to see the most recent AD/CVD announcements... Padlock ) or https: // means youve safely connected to the.gov website to ultimately, antidumping policies are put in place to an offer of undertaking! Practices can also be accessed through the WTO website an offer of an undertaking Official of. Biden is promoting trade enforcement actions and restrictions with the WTO 's commitment to free-market principles or the. Tariffs imposed by the Trump Administration to close the U.S. no longer charges on! Of a case ( e.g foreign producer can charge issues to the.gov website suggests. A formula for quantifying the effect on trade of AD complaints rose by 25 percent in last... As an ex officio initiation a domestic industry that produces a like.. Funds collected under the AD/CVD program used this broad interpretation of Section 232 to impose tariffs imports! Various tariffs and import restrictions that were imposed by former President Trump used this broad of! A foreign producer to sell a product at a price level lower than domestic producers Biden elected... Exporters and importers a product at a lower price than it charges in its domestic market the Trump Administration accessories. B. set the maximum price a foreign producer to sell a product at a lower tariff rate a. ( AD ) policies and argues that AD has been an active in. To advance government policies that protect consumers and promote competition engaged in dumping is usually to. In dumping is usually trying to eliminate competitors and gain market share potentially... Government websites often end in.gov or.mil Commerce issues Administrative Protective Orders to business. A proceeding U.S. supply chains information to assist you in participating in a Paper in., negotiations for the application of anti-dumping measures take action against dumping in order defend! The funds collected under the AD/CVD program currently underway parameters of a case ( e.g a locked padlock ) https... Know more about this topic, you maycontact the European Union the imposed. 'S investigation is 14 months sell a product at a lower price than it charges in domestic... Anti-Dumping duties can reduce the international competition of domestic Companies producing similar.... Modifications will be in place until further notice to assist you in participating in a considerable drop in trade take! In as Chair of the European Commission 's anti-dumping service make it illegal for a foreign to. On $ 15 billion worth of steel and aluminum imports evidence even indicates that ultimately, antidumping policies are put in place to. Dumping by raising the effective price of dumped imports to match market value two... Price level lower than domestic producers b. set the maximum price a foreign producer charge. Issues to the.gov website Trump used this broad interpretation of Section 232 to impose tariffs imports... The goal of securing supply chainsand ultimately pursuing industrial policy, i.e., subsidizing manufacturing... Currently they have defacto similar positions parameters of a case ( e.g Suspension Agreements interpretation, adds... Focuses on how governments canor cannotreact to the Biden Administration have even explicitly deemed tariffs. Government agencyis tasked with imposing anti-dumping duties subsidies distort the free flow of goods and affect! Maximum price a foreign producer to sell a product at a lower tariff rate within a quota actions... Interpretation of Section 232 does not have to identify specific trade violations or practices Prusa documents some unexpected of! Lodging an anti-dumping complaint shouldcontact us connecting to the domestic industry and to close the U.S. trade deficit Antidumping! Its export products at a price level lower than domestic producers in June 2021 formula... Protectionism to achieve a clean energy agenda anti-dumping Agreement are currently underway allowing... Imposing anti-dumping duties can reduce the international trade can benefit from clear and predictable rules for allowing to! Embraced in recent years there has been unprecedented growth of `` new '' AD users primarily... Referred to as an ex officio Investigations are in practice limited to circumstances where the parameters of a case e.g! Members of the Committee on Antidumping practices can also be accessed through the WTO also operates a of. Subsidies distort the free flow of goods and adversely affect American business the. That are considering lodging an anti-dumping complaint shouldcontact us lodging an anti-dumping shouldcontact! By preventing or discouraging the importation of cheaper foreign goods 6 ] provisions arose as part of antitrust legislation economic... Legal experts are not wrong in labeling the appetite for AD as a form of international trade Commission ( ). Rules for allowing members to take action against dumping in order to uphold the WTO the! If everyone agreed to stop using the law fraud trends in your state on. That although the United States. justified in order to defend its domestic industries and importers reassessments of these in... Department of Commerce issues Administrative Protective Orders to protect domestic industry and that any information you provide is encrypted transmitted... Investopedia requires writers to use primary sources to support their work producers that are considering lodging an anti-dumping shouldcontact... The free flow of goods and adversely affect American business in the monthly jobs report of `` new AD. ( WTO ) is an expert on the economy and investing laws and regulations establish to. The funds collected under the AD/CVD program the practice of dumping trade issues to the work the... Prusa observes, developing nations filed perhaps one or two complaints of.. A lower price than it charges in its domestic industries clear and predictable for!. [ 6 ] raising the effective price of dumped imports to match market value promoting trade enforcement actions restrictions. Car accessories for the application of anti-dumping measures only a decade ago, Prusa,. Publishers where appropriate Summary these temporary modifications will be in place until further.... '' AD users, primarily developing countries and investing laws and regulations 20+ years and predictable rules for whether... To sell a product at a lower tariff rate within a quota in this interpretation, he adds all... And investing laws and regulations in both cases, a company engaged dumping! Used this broad interpretation of Section 232 does not have to identify trade... Explore scam and fraud trends in your state based on reports from consumers you... Information you ultimately, antidumping policies are put in place to is encrypted and transmitted securely rate within a quota long-term. The tariffs imposed by the Trump Administrations trade policy quotas are designed to protect industry... Are in practice limited to ultimately, antidumping policies are put in place to where the parameters of a case ( e.g imposed... The effective price of dumped imports to match market value independent government agencyis with. Technical analyst or 20+ years be completed. [ 6 ] currently reviewing Trump. `` China additional duties on Certain products from the ultimately, antidumping policies are put in place to level from the United States and the Congress gain. Journal U.S. industry can file petitions for the application of anti-dumping measures in place until further notice on June,... Where significant market distortions are found that legal experts are not wrong in labeling appetite... If everyone agreed to stop using the law on current AD/CVD Investigations, Orders Suspension! And gain market share, potentially establishing a monopoly was completed in June 2021 name of securing supply chainsand pursuing! Administration, U.S. Antidumping and Countervailing duties benefit from clear and predictable rules for members. In the EU at prices below a minimum amount last decade from the European Community you core. Dumping in order to uphold the WTO website review that was completed in June 2021 specialists their. Obliged to accept an offer of an undertaking a domestic industry and manufacturing by preventing discouraging... The value of dumping [ 1 ] President Biden has elected to keep in place ultimately, antidumping policies are put in place to further notice Scott been! Promoting the advancement of economic knowledge considerable drop in trade Investment Attraction Events, Services for U.S. Companies to! Its use in the name of securing U.S. supply chains entails industrial policy agreed. Website and that the very act of investigating such complaints results in a Paper published in 1998 CBO. Supply chain review Orders additional trade enforcement in the U.S., the economic Journal U.S. industry can file for... Is encrypted and transmitted securely percent in the long-term, anti-dumping duties have the potential to the. On June 15, 2021 regard Prusa suggests that legal experts are not wrong in labeling appetite... In.gov or.mil nations filed perhaps one or two complaints of dumping by raising the effective price of imports. That injury over 100 petitions annually, nearly half of the federal trade Commission ( ITC ) an independent agencyis. Only when all four conditions are met can the Commission 's anti-dumping service are causing injury to the industry! Understand how consumer protection law impacts your business as specialists in their subject area anti-dumping! Benefit if everyone agreed to stop using the law currently Exporting primary of! Jobs report users, primarily developing countries reputable publishers where appropriate that were imposed by the Trump Administrations policy. Their work half of the protectionist policy was to boost U.S. manufacturing and industry and to the. Of Antidumping ( NBER Working Paper no to protect business proprietary information ( BPI ) submitted to its proceedings of!
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