Nội dung toàn văn Circular No. 31/2015/TT-BTTTT guiding 187/2013/ND-CP export import used information technology products
THE MINISTRY OF INFORMATION AND COMMUNICATIONS | SOCIALIST REPUBLIC OF VIETNAM |
No.: 31/2015/TT-BTTTT | Hanoi, October 29th, 2015 |
CIRCULAR
GUIDING A NUMBER OF ARTICLES OF DECREE No. 187/2013/ND-CP DATED NOVEMBER 20, 2013 BY THE GOVERNMENT ON THE EXPORT AND IMPORT OF USED INFORMATION TECHNOLOGY PRODUCTS
Pursuant to the Law on Information technology dated June 29, 2006;
Pursuant to the Law on investment dated November 26, 2014;
Pursuant to Decree No. 187/2013/ND-CP dated November 20, 2013 by the Government detailing the implementation of the Law on Commerce regarding international goods sale and purchase and goods sale, purchase, processing and transit agency activities with foreign countries;
Pursuant to Decree No. 71/2007/ND-CP dated May 03, 2007 by the Government detailing and guiding the implementation of a number of articles of the Law on Information technology regarding information technology industry;
Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;
In consideration of the proposal of Director of Department of information technology,
The Minister of Information and Communications hereby promulgates the Circular guiding a number of articles of Decree No. 187/2013/ND-CP dated November 20, 2013 by the Government regarding the import and export of used information technology products.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and regulated entities
1. Scope of regulation
a) Promulgation of the List of used information technology products banned from import in Appendix 01 enclosed herewith (hereinafter referred to as the List);
b) Regulations on import of goods on the List to serve scientific research;
c) Regulations on recycling and repair of used information technology products on the List applicable to foreign traders according to regulations in Article 36 of Decree No. 187/2013/ND-CP dated 20/11/2013.
2. Regulated entities:
This Circular applies to organizations and individuals (hereinafter referred to as importers) carrying out the import related to information technology products and State management agencies related to such activity.
Article 2. Interpretation of terms
In this Circular, these terms can be construed as follows:
1. The recycling and repair of used information technology products include the production activities like component replacement; function assembly, repair, restoration and upgrade; and renewal of used information technology products so that they have similar features to the new ones.
2. Renovated information technology products are used products that have undergone repair, component replacement and other production steps to have function, appearance and warranty policy like new ones. Renovated must carry a label in English or Vietnamese with contents meaning that the product has been renovated.
Chapter II
LIST OF PRODUCTS BANNED FROM IMPORT
Article 3. Formulation principles and application of the List of products banned from import
1. Formulation principles
a) The List shall be formulated on the basis of the List of products and HS Code in the Export tariff and Preferential import tariff;
b) The List shall be formulated and modified according to the development of information technology and other law provisions in specific period.
2. Application of the List:
a) The List shall be applicable to goods having 8-digit HS Codes. 4-digit and 6-digit HS Codes in the List are only used for clarify the goods with 8-digit HS codes that are banned;
b) Used components, spare parts and knock-down kits of the articles on the List are also banned from import;
c) Color digital printers or photocopy machines that are imported shall comply with law provisions on printing. Used monochrome digital photocopy machines incorporating printing function or other utility that are imported must comply with regulations in this Circular.
Article 4. Import of products on the List of products banned from import for scientific research
1. The Ministry of Information and Communications shall consider permitting the import of articles on the List for scientific research (including: being the target of scientific research; being samples for the design, research and development of products and testing in production activities).
2. Application for import of products on the List of products banned from import for scientific research:
a) Any entities wishing to import a product on the List shall submit 01 (one) application to the Ministry of Information and Communications directly or by post (via Department of information technology), address: 18 Nguyen Du street, Hai Ba Trung District, Hanoi. The application shall include:
- Documents proving legal status (Enterprise registration certificate, or the Establishment decision/license, or Investment certificate/license), ID cards/passports: a certified true copy (or a copy enclosed with the original copy for comparison);
- An application form for import according to Form No. 02 of Appendix 02 of this Circular: 01 (one) original copy;
- The description of the product: 01 (one) copy;
- Other relevant documents (if any).
b) Within 07 (seven) working days from the day on which the satisfactory application is received, the Ministry of Information and Communications shall have a written response containing permission for the import. If the application is rejected, the Ministry of Information and Communications shall make a written response containing explanation.
Chapter III
THE RECYCLING AND REPAIR OF USED INFORMATION TECHNOLOGY PRODUCTS ON THE LIST OF PRODUCTS BANNED FROM IMPORT FOR FOREIGN TRADERS
Article 5. Requirements for the recycling and repair of used information technology products on the List of products banned from import for foreign traders
The recycling and repair of used information technology products on the List for foreign traders (hereinafter referred to as processing) must satisfy the requirements specified in Clause 1 Article 36 of Decree No. 187/2013/ND-CP dated 20/11/2013 by the Government. To be specific:
1. The processing is carried out by an organization established and operated according to Vietnam’s laws.
2. There is a plan and measures to treat waste material and scraps from the processing to prevent environment pollution that are approved by the Service of Natural Resources and Environment of the province where the processing is carried out.
3. All products and goods are re-exported overseas and must not be sold in Vietnam.
4. The processing is permitted by the Ministry of Information and Communications.
Article 6. Application and procedures for carrying out the processing
1. An application for carrying out the processing shall include:
a) An application form according to the Form No. 02 in Appendix 02 of this Circular: 01 (one) original copy;
b) Documents proving legal status (Enterprise registration certificate, or the Establishment decision/license, or Investment certificate/license): 01 (one) certified true copy;
c) A capacity profile of the applicant, including systems of chain and equipment for feasible and effective processing for specific products; human resources with satisfactory financial power in accordance with production scale: 01 (one) original copy;
d) A document of the Service of Natural Resources and Environment certifying that the plan and measures to treat waste material and scraps from the processing for specific products satisfy requirements specified in Clause 2 Article 5 of this Circular: 01 (one) certified true copy.
2. Procedures for application for carrying out the processing:
a) The application shall be submit directly or send by post to the Ministry of Information and Communications (via Department of information technology), address: 18 Nguyen Du Street, Hai Ba Trung District, Hanoi;
b) Within 15 (fifteen) working days from the day on which the satisfactory application is received, the Ministry of Information and Communications shall consider and send a written response containing permission for carrying out the processing. If the application is rejected, the Ministry of Information and Communications shall send a written response containing explanation.
Article 7. Regulations on customs procedures and reporting regime
1. Customs procedures applicable to the application for carrying out the processing shall comply with law provisions applicable to processed goods for foreign traders.
2. Periodically, every year, a report on the processing activity shall be made according to the Form in Appendix 03 of this Circular; it shall be enclosed with a copy of the Import and export declaration and sent through the Internet to the Ministry of Information and Communications.
3. The Ministry of Information and Communications shall cooperate with relevant bodies in periodic or irregular inspection during the operation of the organization carrying out the processing.
Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 8. Effect
1. This Circular comes into effect from December 15, 2015.
2. This Circular replaces Circular No. 11/2012/TT-BTTTT dated July 17, 2012 by the Minister of Information and Communications.
Article 9. Organization of implementation
1. Heads of agencies and units affiliated to the Ministry of Information and Communications and agencies, organizations and individuals specified in Article 1 are responsible for implementing this Circular.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications for prompt solution./.
| THE MINISTER |
APPENDIX 01
LIST OF USED INFORMATION TECHNOLOGY PRODUCTS BANNED FROM IMPORT
(Enclosed with Circular No. 31/2015/TT-BTTTT dated 29/10/2015 by the Minister of Information and Communications)
Code | Description |
8443 | Printing machinery used for printing by means of plates, cylinders and other printing components of heading 84.42; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof (excluding monochrome photocopying machines combined with printing or other utility, having ability to print/copy A0 papers or having printing/copying speed of 35 copies of A4 or larger papers per minute; excluding laser printer cartridge). |
| - Other printers, copying machines and facsimile machines, whether or not combined: |
8443.31 | - - Machines which perform two or more of the functions of printing, copying or facsimile transmission, capable of connecting to an automatic data processing machine or to a network: |
8443.31.10 | - - - Printer-copiers, printing by the ink-jet process |
8443.31.20 | - - - Printer-copiers, printing by the laser process |
8443.31.30 | - - - Combination printer-copier-facsimile machines |
8443.32 | - - Other, capable of connecting to an automatic data processing machine or to a network: |
8443.32.10 | - - - Dot matrix printers |
8443.32.20 | - - - Ink-jet printers |
8443.32.30 | - - - Laser printers |
8443.32.40 | - - - Facsimile machines |
8443.32.90 | - - - Other |
8443.39 | -- Other: |
8443.39.40 | --- Ink-jet printers |
| - Ink-jet printers: |
8443.99 | -- Other: |
8443.99.20 | --- Ink-filled printer cartridges (excluding laser printer cartridge) |
8469 | Typewriters other than printers of heading 84.43; word-processing machines. |
8469.00.10 | - Word-processing machines |
8469.00.90 | - Other |
8470 | Calculating machines and pocket-size data recording, reproducing and displaying machines with calculating functions; accounting machines, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers. |
8470.10.00 | - Electronic calculators capable of operation without an external source of electric power and pocket-size data recording, reproducing and displaying machines with calculating functions |
| - Other electronic calculating machines: |
8470.21.00 | - - Incorporating a printing device |
8470.30.00 | - Other calculating machines |
84.71 | Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included. |
8471.30 | - Portable automatic data processing machines, weighing not more than 10 kg, consisting of at least a central processing unit, a keyboard and a display: |
8471.30.10 | - - Handheld computers including palmtops and personal digital assistants (PDAs) |
8471.30.20 | -- Laptops including notebooks, subnotebooks and tablet PC |
8471.30.90 | -- Other: |
| - Other automatic data processing machines: |
8471.41 | - - Comprising in the same housing at least a central processing unit and an input and output unit, whether or not combined: |
8471.41.10 | - - - Personal computers excluding portable computers of subheading 8471.30 |
8471.41.90 | --- Other: |
8471.49 | - - Other, presented in the form of systems: |
8471.49.10 | - - - Personal computers excluding portable computers of subheading 8471.30 |
8471.49.90 | --- Other: |
8471.50 | - Processing units other than those of subheading 8471.41 or 8471.49, whether or not containing in the same housing one or two of the following types of units: storage units, input units, output units: |
8471.50.10 | -- Processing units for personal ( including portable) computers |
8471.50.90 | -- Other: |
8471.60 | - Input or output units, whether or not containing storage units in the same housing: |
8471.60.30 | - - Computer keyboards |
8471.60.40 | - - X-Y coordinate input devices, including mouses, light pens, joysticks, track balls, and touch sensitive screens |
8471.70 | - Storage units: |
8471.70.10 | - - Floppy disk drives |
8471.70.20 | - - Hard disk drives |
8471.70.30 | - - Tape drives |
8471.70.40 | - - Optical disk drives, including CD-ROM drives, DVD drives and CD-R drives |
8471.80 | - Other units of automatic data processing machines: |
8471.80.10 | - - Control and adaptor units |
8471.80.70 | - - Sound cards or video cards |
8471.90 | - Other: |
8471.90.20 | - - Optical character readers, document or image scanners |
84.73 | Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with the machines of headings 84.69 to 84.72. |
8473.10 | - Parts and accessories of the machines of heading 84.69: |
8473.10.10 | - - Printed circuit assemblies for word-processing machines |
8473.10.90 | - - Other |
| - Parts and accessories of the machines of heading 84.70: |
8473.21.00 | - - Of the electronic calculating machines of subheading 8470.10.00, 8470.21.00 or 8470.29.00 |
8473.29.00 | - - Other |
8473.30 | - Parts and accessories of the machines of heading 84.71: |
8473.30.10 | - - Assembled printed circuit boards |
8473.30.90 | - - Other |
8473.40 | - Parts and accessories of the machines of heading 84.72: |
| - - For electrically operated machines: |
8473.40.11 | - - - Parts, including printed circuit assemblies for automatic teller machines |
8473.40.19 | - - - Other |
8473.40.20 | - - For non-electrically operated machines |
8473.50 | - Parts and accessories equally suitable for use with machines of two or more of the headings 84.69 to 84.72: |
| - - For electrically operated machines: |
8473.50.11 | - - - Suitable for use with the machines of heading 84.71 |
8473.50.19 | - - - Other |
8473.50.20 | - - For non-electrically operated machines |
85.17 | Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless networks (such as a local or wide area network), other than transmission or reception apparatus of heading 84.43, 85.25, 85.27 or 85.28. |
| - Telephone sets, including telephones for cellular networks or for other wireless networks: |
8517.11.00 | - - Line telephone sets with cordless handsets |
8517.12.00 | - - Telephones for cellular networks or for other wireless networks |
| - Other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless networks (such as a local or wide area network): |
8517.61.00 | - - Base stations |
8517.62 | - - Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: |
| - - - Units of automatic data processing machines other than units of heading 84.71: |
8517.62.21 | ---- Control and adaptor units, including gateways, bridges and routers |
8517.62.30 | - - - Telephonic or telegraphic switching apparatus |
| - - - Apparatus for carrier-current line systems or for digital line systems: |
8517.62.41 | - - - - Modems including cable modems and modem cards |
8517.62.42 | - - - - Concentrators or multiplexers |
| - - - Other transmission apparatus incorporating reception apparatus: |
8517.62.51 | - - - - Wireless LANs |
8517.62.53 | - - - - Other transmission apparatus for radio-telephony or radio-telegraphy |
| --- Other transmission apparatus: |
8517.62.61 | - - - - For radio-telephony or radio-telegraphy |
8517.69.00 | - - Other: |
85.18 | Microphones and stands therefor; loudspeakers, whether or not mounted in their enclosures; headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers; audio-frequency electric amplifiers; electric sound amplifier sets. |
8518.10 | - Microphones and stands therefor: |
| - - Microphone: |
8518.10.11 | - - - Microphones having a frequency range of 300 Hz to 3,400 Hz, with a diameter not exceeding 10 mm and a height not exceeding 3 mm, for telecommunication use |
8518.10.19 | - - - Other microphones, whether or not with their stands |
8518.10.90 | - - Other |
| - Loudspeakers, whether or not mounted in their enclosures |
8518.21 | - - Single loudspeakers, mounted in their enclosures |
8518.21.10 | --- Box speaker type |
8518.21.90 | --- Other |
8518.22 | - - Multiple loudspeakers, mounted in the same enclosure |
8518.22.10 | --- Box speaker type |
8518.22.90 | --- Other |
8518.29 | - - Other: |
8518.29.20 | - - - Loudspeakers, without enclosure, having a frequency range of 300 Hz to 3,400 Hz, with a diameter not exceeding 50 mm, for telecommunication use |
8518.29.90 | - - - Other |
8518.30 | - Headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers: |
8518.30.10 | - - Headphones |
8518.30.20 | - - Earsphones |
| - - Combined microphone/speaker sets: |
8518.30.40 | - - Other combined microphone/speaker sets of line telephone handsets |
8518.30.90 | - - Other |
8518.40 | - Audio-frequency electric amplifiers: |
8518.40.10 | - - Other, having 6 or more input signal lines, with or without elements for capacity amplifiers |
8518.40.20 | - - Used as repeaters in telephony other than line telephony |
8518.40.30 | - - Used as repeaters in telephony other than line telephony |
8518.40.90 | - - Other |
8518.50 | - Electric sound amplifier sets |
8518.50.10 | - - Having a power rating of 240 W or more |
8518.50.20 | - - Other, with loudspeakers, of a kind suitable for broadcasting, having a voltage rating of 50 V or more but not exceeding 100 V |
8518.50.90 | - - Other |
8518.90 | - Parts: |
8518.90.10 | - - Of goods of subheading 8518.10.11, 8518.29.20, 8518.30.40 or 8518.40.20, including printed circuit assemblies |
8518.90.20 | - - Of goods of subheading 8518.40.40 |
8518.90.90 | - - Other |
8525 | Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders |
8525.50.00 | - Transmission apparatus |
8525.60.00 | - Transmission apparatus incorporating reception apparatus |
8525.80 | - Television cameras, digital cameras and video camera recorders: |
8525.80.10 | - - Web cameras |
| - - Video camera recorders: |
8525.80.31 | - - - Of kind used in broadcasting |
8525.80.39 | - - - Other |
8525.80.40 | - - Televesion cameras |
8525.80.50 | - - Other digital cameras |
85.26 | Radar apparatus, radio navigational aid apparatus and radio remote control apparatus. |
8526.10 | - Radar apparatus: |
8526.10.10 | - - Rada apparatus, ground based, or of a kind for use in civil aircraft, or of a kind used solely on sea-going vessels |
8526.10.90 | - - Other |
| - Other: |
8526.91 | - - Radio navigational aid apparatus, of a kind for use in civil aircraft |
8526.91.10 | - - - Radio navigational aid apparatus, of a kind for use in civil aircraft, or of a kind used solely on sea-going vessels |
8526.91.90 | - - - Other |
8526.92.00 | - - Radio remote control apparatus |
85.27 | Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock. |
| - Radio-broadcast receivers capable of operating without an external source of power: |
8527.12.00 | - - Pocket-size radio cassette players |
8527.13 | - - Other apparatus combined with sound recording or reproducing apparatus: |
8527.13.10 | - - - Portable |
8527.13.90 | - - - Other |
8527.19 | - - Other: |
| - - - Reception apparatus capable of planning, managing and monitoring the electromagnetic spectrum: |
8527.19.11 | - - - - Portable |
8527.19.19 | - - - - Other |
| - - - Other: |
8527.19.91 | - - - - Portable |
8527.19.99 | - - - - Other |
| - Radio-broadcast receivers not capable of operating without an external source of power, of a kind used in motor vehicles: |
8527.21.00 | - - Combined with sound recording or reproducing apparatus |
8527.29.00 | - - Other |
| - Other: |
8527.91 | - - Combined with sound recording or reproducing apparatus: |
8527.91.10 | - - - Portable |
8527.91.90 | - - - Other |
8527.92 | - - Not combined with sound recording or reproducing apparatus but combined with a clock: |
8527.92.10 | - - - Portable |
8527.92.90 | - - - Other |
8527.99 | - - Other: |
8527.99.10 | - - - Portable |
| - - - Other: |
8528 | Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus. |
| - Cathode-ray tube monitors: |
8528.41 | - - Of a kind solely or principally used in an automatic data processing system of heading 84.71: |
8528.41.10 | - - - Colour: |
8528.41.20 | - - - Monochrome |
8528.49 | - - Other: |
8528.49.10 | - - - Colour: |
8528.49.20 | - - - Monochrome |
| - Other monitors: |
8528.51 | - - Of a kind solely or principally used in an automatic data processing system of heading 84.71: |
8528.51.10 | - - - Projection type flat panel display units |
8528.51.20 | - - - Other, colour |
8528.51.30 | - - - Other, monochrome |
8528.59 | - - Other: |
8528.59.10 | - - - Colour: |
8528.59.20 | --- Monochrome |
| - Projectors: |
8528.61 | - - Of a kind solely or principally used in an automatic data processing system of heading 84.71: |
8528.61.10 | - - - Flat panel display type |
8528.61.90 | - - - Other |
8528.69 | - - Other: |
8528.69.10 | - - - Having the capability of projecting on a screen of 300 inches or more |
| - Reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus: |
8528.71 | - - Not designed to incorporate a video display or screen: |
| - - - Set top boxes which have a communications function: |
8528.71.11 | - - - - Electrically operated |
8528.71.19 | - - - - Other |
| - - - Other: |
8528.71.91 | - - - - Mains operated |
8528.71.99 | - - - - Other |
8528.72 | - - Other, colour: |
8528.72.10 | - - - Battery operated |
| - - - Other: |
8528.72.91 | - - - - Cathode-ray tube type |
8528.72.92 | - - - - Liquid crystal device (LCD), light emitting diode (LED) and other flat panel display type |
8528.72.99 | - - - - Other |
8528.73.00 | -- Other, monochrome |
85.34 | Printed circuits. |
8534.00.10 | - Single-sided |
8534.00.20 | - Double-sided |
8534.00.30 | - Multi-layer |
8534.00.90 | - Other |
85.40 | Thermionic, cold cathode or photo-cathode valves and tubes (for example, vacuum or vapour or gas filled valves and tubes, mercury arc rectifying valves and tubes, cathode-ray tubes, television camera). |
| - Cathode-ray television picture tubes, including video monitor cathode-ray tubes: |
8540.11.00 | - - Colour: |
8540.12.00 | - - Monochrome |
8540.20.00 | - Television camera tubes; image converters and intensifiers; other photo-cathode tubes |
8540.40 | - Data/graphic display tubes, color, with a phosphor dot screen pitch smaller than 0.4 mm: |
8540.40.10 | - - Data/graphic display tubes, color, of a kind used for articles of subheading 85.25 |
8540.40.90 | - - Other |
8540.60.00 | - Other cathode-ray tubes |
| - Very-short-wavelength tubes or microwave tubes (for example magnetrons, klystrons, traveling wave tubes, carcinotrons), excluding grid-controlled tubes: |
8540.71.00 | - - Magnetrons |
8540.79.00 | - - Other |
| - Other valves and tubes: |
8540.81.00 | - - Receiver or amplifier valves and tubes |
8540.89.00 | - - Other |
| - Parts: |
8540.91.00 | - - Of cathode-ray tubes |
8540.99 | - - Other: |
8540.99.10 | - - - Of microwave tubes |
8540.99.90 | - - - Other |
85.42 | Electronic integrated circuits. |
| - Electronic integrated circuits: |
8542.31.00 | - - Processors and controllers whether or not combined with memories, converters, logic circuits, amplifiers, clock and timing circuits, or other circuits |
8542.32.00 | - - Memories |
8542.33.00 | - - Amplifiers |
8542.39.00 | - - Other |
8542.90.00 | - Parts |
85.44 | Insulated (including enameled or anodized) wire, cable (including co-axial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors. |
| - Other electric conductors, for a voltage not exceeding 1,000 V: |
8544.42 | - - Fitted with connectors: |
| - - - Of a kind used for telecommunications, for a voltage not exceeding 80 V: |
8544.42.11 | - - - - Telephone, telegraph and radio replay cables, submarine |
8544.42.19 | ---- Other: |
8544.42.21 | ---- Telephone, telegraph and radio replay cables, submarine |
8544.42.22 | ---- Telephone, telegraph and radio replay cables, other |
8544.49 | - - Other: |
| - - - Of a kind used for telecommunications, for a voltage not exceeding 80 V: |
8544.49.11. | ---- Telephone, telegraph and radio replay cables, submarine |
8544.49.19 | ---- Other: |
| - - - Of a kind used for telecommunications, for a voltage exceeding 80 V but not exceeding 1,000 V: |
8544.49.31 | ---- Telephone, telegraph and radio replay cables, submarine |
8544.49.39 | - - - - Other: |
8544.70 | - Optical fibre cables: |
8544.70.10 | -- Telephone, telegraph and radio replay cables, submarine |
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