Code of fair competition for the print roller and print block manufacturing industry as approved on March 26, 1934

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Material Information

Title:
Code of fair competition for the print roller and print block manufacturing industry as approved on March 26, 1934
Portion of title:
Print roller and print block manufacturing industry
Physical Description:
p. 541-551 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Rollers (Printing) -- United States   ( lcsh )
Printing machinery and supplies -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 410-10."
General Note:
"Approved Code No. 368."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 027364880
oclc - 63654687
System ID:
AA00021525:00001

Full Text



I


AS APPROVED ON MARCH 26, 1931


WE DO OUR PART


I I I**


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


F sale by the Superntendet of Documents, Washington, D.C. Price cents
For sale by the Supeintendent of Documents, Washington. D.C.---- Price 5 cents


UNIV. OF FL LIB.
DOCUMENTS DEPT,



U.S. DEPOMTORY


Approved


NATIONAL RECOVERY ADMINISTRATION




CODE OF FAIR COMPETITION

FOR THE

PRINT ROLLER

AND PRINT BLOCK

MANUFACTURING INDUSTRY


Code No. 368


Registry No. 410-10























This publication Is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio.: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tes.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 368


CODE OF FAIR COMPETITION
FOR THE

PRINT ROLLER AND PRINT BLOCK
MANUFACTURING INDUSTRY

As Approved on March 26, 1934


ORDER
APPROVING CODE OF FAIR COMPETITION FOR THE PRINT ROLLER AND
PRINT BLOCK. MANUFACTURING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of a Code of
Fair Competition for the Print Roller and Print Block Manufactur-
ing Industry, and hearings having been duly held thereon and the
annexed report on said Code, containing findings with respect there-
to, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30
1933, and otherwise; do hereby incorporate by reference said annexed
report and do find that said Code complies in all respects with the
pertinent provisions and will promote the policy and purposes of said
Title of said Act; and do hereby order that said Code of Fair Com-
petition be and it is hereby approved.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
A. R. GLANCY,
Division Admninistrator.
WASHINGTON, D.C.,
March 26, 1934.


490620- 425-155--4---4


(Nl)





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REPORT TO THE PRESIDENT

The PRESIDENT,
The White House.
SIR: This is a report on the Code of Fair Competition for the
Print Roller and Print Block Manufacturing Industry, as revised
after a Public Hearing held in Washington on the twenty-fifth day
of January. 1934, in accordance with the provisions of the National
Industrial Recovery Act.

PROVISIONS AS TO HOURS AND WAGES

Employment is limited to 7 hours per day and 35 hours per week
with the exception of emergencies occasioned by the necessity for
services of specially skilled employees who cannot be replaced.
During such emergencies employees may work 40 hours per week for
4 weeks in any 6 months' period.
A minimum wage of 75 cents per hour is established, except that
clerical employees, janitors, watchmen, and heating firemen will be
paid at a rate not less than $20.00 per week.
Female and male employees performing substantially the same
work will receive the same rate of pay.

ECONOMIC EFFECT OF THE CODE

As a result of the President's Re-employment Agreement and the
provisions of the Code, this Industry, comprising about 14 companies,
will show a gain in employment from about 130 to about 175
employees or an increase of 34%.
Although a small industry, it is important to the wall paper and
linoleum manufacturing industries which purchase print rollers and
print blocks. because of the high degree of skill required in pro-
ducing these products.
The invested capital is about $250,000.00 and the five-year average
annual value of products is approximately $530.000.00.

FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter:
I find that:
(a) Said Code is well designed to promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of in-
(542)






543


dustry for the purpose of cooperative action among the trade groups,
by inducing and maintaining united action of labor and manage-
ment under adequate governmental sanctions and supervision, by
eliminating unfair competitive practices, by promoting the fullest
possible utilization of the present productive capacity of industries,
by avoiding undue restriction of production (except as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by re-
ducing and relieving unemployment, by improving standards of
labor and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees, and is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion Subsection (a) -of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof; and that the applicant associa-
tion is an industrial association truly representative of the aforesaid
Industry; and that said association imposes no inequitable restric-
tions on admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
Code.
For these reasons, this Code has been approved by me.
Respectfully,
HUGH S. JOHNSON, Administrator.
MARCH 26, 1934.




^ "' i : : .


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CODE OF FAIR COMPETITION FOR THE PRINT ROLLER
AND PRINT BLOCK MANUFACTURING INDUSTRY

ARTICLE I-PnrnosEs

To effectuate the policies of Title I of the National Industrial
Recovery Act, the following provisions are established as a Code of
Fair Competition for the Print Roller and Print Block Manufac-
turing Industry, and shall be the standard of fair competition for
such Industry and shall be binding upon every member thereof.

ARTICLE II-DEFINITIONS

The term "Print Roller and Print Block Manufacturing Indus-
try ", or the "Industry", as used herein, includes; the manufacture
for sale and selling of (a) rollers consisting of a wooden cylinder
and having mounted thereon raised designs cut from sheet or strip
brass and felt and which rollers are used in printing wall paper,
crepe paper, and linoleum; and (b) wooden printing blocks,, having
mounted thereon raised designs cut from brass and felt, which are
used in printing linoleum and oil cloth.
The term Employee ", as used herein, includes any person en-
gaged in this Industry in any capacity, receiving compensation for
his services, irrespective of the nature or method of payment of such
compensation.
The term Employer", as used herein, includes anyone by whom
such an employee is compensated or employed.
The term "Association ". as used herein, means Print Cutting
Jobbers Association, a trade organization.
The term Member of the Industry", as used herein, includes
anyone engaged in the Industry as above defined, either as an
employer or on his own behalf.
The term "Apprentice ", as used herein, includes anyone regu-
larlv indentured for a sufficient length of time to systematically
learn the various operations in any one of the trades or occupations
in the Industry.
The terms President", "'Act", and "Administrator", as used
herein, shall mean respectively, the President of the United States
of America, Title I of the National Industrial Recovery Act, and
the Administrator for Industrial Rpcovery under said Act.

ARTICLE III-Houxs

SECTION 1. No employee shall be permitted to work in excess of
thirty-five (35) hours in any one (1) week or seven (7) hours in any
twenty-four (24) hour period or five (5) days in any seven (7) days
or except between the hours of 8 A.M. to 5 P.M. except as hereinafter
provided.
(544)






545


(a) To cover an emergency production demand on any division
of the Industry and providing that no unemployed workers pos-
sessing the necessary skill to perform this work are available, any
employee in any such division may be permitted to work not more
than forty (40) hours per week in any four (4) weeks in any six
6) months period; provided, however, that at least one and one-half
1/2) times the employee's regular rate shall be paid for all hours
worked in excess of seven (7) hours per day or thirty-five (35)
hours per week.
(b) The limitations as to hours of labor shall not apply to per-
sons in a managerial or executive capacity who receive thirty-five
($35.00) dollars or more per week.
(c) Watchmen shall be allowed to work not more than fifty-six
(56) hours per week performed in not more than six (6) days in
any seven (7) day period.
(d) No employer shall engage any employee for any time which,
when totaled with that already performed for another employer, or
employers, exceeds the maximum permitted herein.
(e) Any employer who does the work of an employee shall be
subject to this Code as to hours of labor.
ARTICLE IV-WAGES
SECTION 1. The minimum hourly wage that shall be paid any
employee shall not be less than at the rate of seventy-five (75t)
cents per hour, except as hereinafter provided.
(a) Apprentices, who shall be limited in number to not more than
five (5%) percent of the total number of skilled employees in the
factory, may be paid, as a starting rate not less than eighty (80%)
percent of the above minimum rate.
(b) Clerical or office employees may be employed at a rate of not
less than twenty ($20.00) dollars per week.
(c) Janitors, watchmen and firemen maintaining fires for heat-
ing buildings shall be paid at the rate of not less than twenty ($20.00)
dollars per week.
(d) Office boys or girls or messengers shall be paid not less than
at the rate of eighty (80%) percent of the minimum wage provided
in paragraph (c) of this section; provided that the number of such
office boys and girls or messengers thus paid shall be limited to five
(5%) percent of the total number of office employees, with a mini-
mum of two (2) such employees for each Member of the Industry.
(e) The rates of compensation on whatever basis computed, of all
employees receiving more than the minimum herein prescribed, shall
be equitably adjusted by all employers who have not heretofore made
such adjustment; provided, however, that in no case shall hourly
or piece rates be reduced as a result of such readjustment and in no
case shall the weekly earnings be reduced. The action taken whether
prior to or after the date of approval of this Code, shall be reported
by each Member of the Industry to the Code Authority and to the
Administrator on his request.
(f) Female employees performing substantially the same work as
male employees shall receive the same rate of pay as male employees.
(g) A person whose earning capacity is limited because of age,
physical or mental handicap, or other infirmity, may be employed





546


on light work at a wage below the minimum established by this
Code, if the employer obtains from the state authority designated
by the United States Department of Labor, a certificate authorizing
such person's employment at such wages and for such hours as shall
be stated in the certificate. Such authority shall be guided by the
instructions of the United States Department of Labor in issuing
certificates to such persons. Each employer shall file monthly with
the Code Authority a list of all such persons employed by him, show-
ing the wages paid to, and the maxinmumn hours of work for such
employees.
(h) This Article establishes a guaranteed rate of pay per hour
of employment regardless of whether the employee's compensation
is based on a time rate, piece work performance or otherwise.
ARTICLE V-GENERAL LABOR PROVISIONS
SECTION 1. No person under sixteen (16) years of age shall be em-
ployed in the Industry, nor anyone under eighteen (18) years of age
at operations or occupations hazardous in nature or dangerous to
health. The Code Authority shall submit to the Administrator
within sixty (60) days after the effective date of the Code, a list of
such hazardous or dangerous occupations. In any State an employer
shall be deemed to have complied with this provision if he shall have
on file a certificate or permit duly issued by the Authority in such
State empowered to issue employment or age certificates or permits
showing that employee is of the required age.
SECTION 2. As required by Section 7 (a) of the Act, it is hereby
provided:
(a) Employees shall have the right to organize and bargain col-
lectively through representatives of their own choosing and shall be
free from the interference, restraint, or coercion of employers of
labor, or their agents in the designation of such representatives or
in self-organization or in other concerted activities for the purpose
of collective bargaining or other mutual aid or protection.
(b) No employee and no one seeking employment shall be required
as a condition of employment to join any company union or to re-
frain from joining, organizing, or assisting a labor organization of
his own choosing.
(c) Employers shall comply with the maximum hours of labor
minimum rates of pay, and other conditions of employment, approveci
or prescribed by the President.
SECTION 3. No employer shall reclassify employees or duties of
occupations performed, or engage in any other subterfuge for the
purpose of defeating the provisions of the Act or of this Code.
SECTION 4. Every employer shall provide for the safety and health
of his employees at the place and during the hours of their employ-
ment. Standards of safety and health shall be submitted by the
Code Authority to the Administrator within six (6) months after
the effective date of this Code.
SECTION 5. No provisions in this Code shall supersede any State
or Federal law which imposes more stringent requirements on em-
ployers as to age of employees, wages, hours of work, or as to safety,
health, or sanitary conditions, or insurance, or fire protection, or
general working conditions, than are imposed by this Code.






547


SECTION 6. Each employer shall p)OSt. andi thereafter maintain, in
conspicuous places accessible to all employees full copies of the pro-
visions pertaining to wages, hours and general provisions of labor
of this Code and any amendments or modifications which m:ay later
be approved.
SECTION 7. Every employer shall make payment of alnil wages due
in lawful currency or by negotiable check therefore payable on de-
mand. No deduction from wages shall be made by any employer
for any payments for pensions, insurance, or sick benefits other than
those voluntarily paid by the wage earners or required by State laws.
Wages shall be paid at least at the end of every semi-monthly period,
and salaries at least at the end of every month. No employer shall
withhold wages.
ARTICLE VI-ADMINISTRATION
To further effectuate the policies of the Act, a Code Authority is
hereby constituted to cooperate with the Administrator in the admin-
istration of this Code.
SECTION 1. Organizatl'on and Comnituvtion of Code Authority.-
(a) The Code Authority shall consist of three (3) Members of the
Association elected by the Members of the Association and one (1)
representative of Members of the Industry who are not members of
the Association, providing they desire such representation, and sig-
nify their willingness to pay their pro rata share of the cost of
administering this Code. The representative of the non-members
of the Association shall be elected by a majority vote of the non-
members participating in such election. A meeting shall be duly
called for this purpose and votes may be cast in person, by prosy
or letter ballot. The Administrator, in his discretion, may appoint
not more than three (3) additional members (without vote) to rep-
resent the Administrator or such groups or interests as he may
designate.
SECTION 2. Each trade or industrial association directly or indi-
rectly participating in the selection or activities of the Code Author-
ity shall: (1) impose no inequitable restrictions on membership, and
(2) submit to the Administrator true copies of its articles of associa-
tion, by-laws, regulations, and any amendments when made thereto,
together with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
SECTION 3. In order that the Code Authority shall at all times be
truly representative of the Industry and in other respects comply
with the provisions of the Act, the Administrator may provide such
hearings as he may deem proper; and thereafter if hlie shall find that
the Code Authority is not truly representative or does not in other
respects comply with the provisions of the Act, may require an appro-
priate modification in the method of selection of the Code Authority.
SECTION 4. The Code Authority shall have the following duties
and powers to the extent permitted by the Act.
(a) To adopt by-laws and rules and regulations for its procedure
and for the Administration of this Code, subject to the right of any
affected person to appeal to the Administrator.
(b) To obtain from Members of the Industry such information
and reports (sworn or unsworn as the Code Authority may specify)





548


as are required for the administration of this Code. No individual
information, statistics, or reports shall be disclosed to any other
Member of the Industry or any other party except to such govern-
mental agencies as may be directed by the Administrator.
(c) To represent the Industry in conferring with the President
or his agents with respect to the Administration of this Code and
in respect of the Act and any regulations issued thereunder.
(d) To hear and investigate complaints and attempt to adjust
the same in accordance with such rules and regulations as may be
promulgated from time to time by the Administrator.
(e) To coordinate the administration of this Code with such codes,
if any, as may be adopted by any sub-division of this Industry or any
related industry, with a view to providing joint and harmonious
action on all matters of common interest, all with the approval of
the Administrator.
(f) To secure from members of the Industry an equitable and
proporionate payment of the reasonable expenses of maintaining
the Code Authority and its activities.
(g) To cooperate with the Administrator in regulating the use
of any National Recovery Administration insignia solely by those
members of the Industry who have assented to, and are complying
with this Code.
(h) To study the effect of the various provisions of this Code
upon the Industry and consider proposals for amendments and modi-
fications thereto, and make recommendations thereon from time to
time to the Administrator, which amendments or modifications, will
become effective as part of this Code upon approval of the Adminis-
trator after such hearing and notice as he may specify.
SECTION 5. Nothing contained in this Code shall constitute the
Members of the Code Authority partners for any purpose. Nor
shall this Code be construed to render any Member of the Code
Authority liable in any manner to anyone for any act of any other
member, officer, agent, or employee of the Code Authority. Nor
shall this Code be construed to render any Member of the Code
Authority, exercising reasonable diligence in the conduct of his
duties hereunder, liable to any one for any action or omission to act
under the Code, except for his own wilful misfeasance or non-
feasance.
SECTION 6. Any notice, demand, or request required or permitted
to be given to or to be made upon any Member of the Industry
shall be sufficiently given if mailed by registered mail, postage
prepaid, addressed to such Member of the Industry, at his address
on file with the Secretary of the Code Authority.
SECTION 7. Members of the Industry shall be entitled to participate
in and share the benefits of the activities of the Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Code and sustaining
their reasonable share of the expense of its administration. The
reasonable share of the expenses of its administration shall be de-
termined by the Code Authority, subject to review by the Adminis-
trator, on the basis of volume of business and/or such other factors
as may be deemed equitable to be taken into consideration.






549


SECTION 8. In addition to the information required to be submitted
to the (C'ode Authority, there shall be furnished to government agen-
cies such statistical information as the Administrator may deem nec-
essary for the purposes recited in Section 3 (a) of the National In-
dustrial Recovery Act, and nothing contained herein shall relieve
any one of any existing obligation to furnish reports to government
agencies.
SECTION 9. The Code Authority shall cause to be formulated an
accounting system and methods of cost finding and, or estimating
capable of use by all Members of the Industry. After such system
and methods have been formulated and approved by the Adminis-
trator, full details concerning them shall be made available to all
Members of the Industry. Thereafter all Members shall determine
and,,or estimate costs in accordance with the principles of such
methods.
SECTION 10. If the Administrator shall determine that any action
of a Code Authority or any agency thereof mnay be unfair or unjust
or contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such Code
Authority or agency pending final action which shall not be effec-
tive unless the Administrator approves or unless he shall fail to
disapprove after thirty days' notice to him of intention to proceed
with such action in its original or modified form.
ARTICLE VII-TRADE PRACTICES

The following practices constitute unfair methods of competition
for Members of the Industry, and are hereby prohibited:
(a) Defanatwon.-The defamation of competitors by falsely inm-
puting to them dishonorable conduct, inability to perform contracts,
questionable credit standing, or by other false representations or by
the false disparagement of the grade or quality of their goods.
(b) Commercial Biber 'y.-The giving, permitting to be given, or
directly offering to give, anything of value for the 1)purl)o.se of in-
fluencing or rewarding the action of any employee, agent, or repre-
sentative of another in relation to the business of the employer of
such employee, the principal of such agent or the represented party,
without the knowledge of such employer, principal, or party. This
commercial bribery provision shall not be construed to prohibit free
and general distribution of articles commonly used for advertising
except so far as such articles are actually used for commercial brib-
ery as hereinbefore defined.
(c) Secret Rebatcs.-Secretly offering or making any payment
or allowance of a rebate, refund, commission, credit, unearned dis-
count or excess allowance, whether in the form of money or other-
wise, for the purpose of influencing a sale, or the extension to any
customer of any special service or privelege not extended to all
customers of the same class.
(d) Espionage of Compelitors.-Securing confidential informa-
tion concerning the business of a competitor by a false or misleading






550


statement or representation; by a false impersonation of one in
authority; by bribery or by any other unfair method.
(e) The dating of any invoice either earlier or later than the
actual date of delivery or withholding from or inserting in any in-
voice any items which otherwise make it a false record of a
transaction.
(f) The subcontracting of any work, in whole or in part, to any
employee, upon terms or conditions which directly or indirectly
may result in the payment to such employee of less than the mini-
mum hourly rates of pay prevailing for such class of work; and
every employee so employed shall be informed in advance of the
mimmum hourly rates to which he is entitled.
(g) The selling of products below the cost thereof except to meet
the selling price of any low cost producer or importer, whose prices
do not violate the Code; costs in all cases shall be determined in
accordance with a system of accounting as referred to in Section 9
of Article VI.
ARTICLE VIII-HOME WORK

After May 1, 1934, no employer shall have work done in the home
of a worker.
Within one month after the effective date of this Code, every
employer shall register with the Code Authority the name and ad-
dress of each person who performs homework for said employer,
directly or indirectly, and no work shall be given by any employer
to such person unless said person's name is registered with the
Code Authority.
ARTICLE IX-MODIFICATION

(a) This Code and all the provisions thereof are expressly made
subject to the right of the President, in accordance with the pro-
visions of subsection (b) of Section 10 of the Act, from time to
time to cancel or modify any order, approval, license, rule, or regu-
lation issued under Title I of said Act and specifically, but without
limitation, to the right of the President to cancel or modify his
approval of this Code or any conditions imposed by him upon his
approval thereof.
(b) This Code, except as to provisions required by the Act, may
be modified on the basis of experience or changes in circumstances,
such modifications to be based upon application to the Administrator
and such notice and hearing as he shall specify, and to become effec-
tive on approval of the Administrator.

ARTICLE X-PRICE INCREASE

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that price in-
creases except as may be required to meet the individual cost should
be delayed, but when made such increases should, so far as possible,
be limited to actual additional increases in the seller's costs.






551

ARTICLE XI-MONOPOLIES

No provision of this Code shall be so applied as to permit monop-
olies or monopolistic practices, or to eliminate, oppress, or discrim-
inate against small enterprises.

ARTICLE XII-EFFECTIVE DATE

This Code shall become effective on the second Monday after its
approval by the President.
Approved Code No. 36S.
Registry No. 410-10.

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