Citation
Amendment to supplementary code of fair competition for the vitreous enameled ware manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on March 30, 1935

Material Information

Title:
Amendment to supplementary code of fair competition for the vitreous enameled ware manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on March 30, 1935
Portion of title:
Vitreous enameled ware manufacturing industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
6 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Enameled ware -- Law and legislation -- United States ( lcsh )
Enamel and enameling -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1018-1-01."
General Note:
"Approved Code No. 84Q1--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
005024589 ( ALEPH )
701100705 ( OCLC )

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Full Text





NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO SUPPLEMENTARY
CODE OF FAIR COMPETITION

FOR THE


VITREOUS ENAMELED WARE

MANUFACTURING INDUSTRY

(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)


AS APPROVED ON MARCH 30, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


bI I
frtmlby the SupointendenI of Documents. Washington.D.C. - Price 5 cent


Approved Code No. 84Q1-Amendment No. 1


Registry No. 1018-1-01























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:

Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Md.: 130 Customhouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Room 1200, 80 Federal Street.
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland. Ohio.: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
Houston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Building.
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville, Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Building.
Providence, R. I.: National Exchange Bank Building, 17 Exchange
Street.
St. Louis, Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, 785 Market Street
Seattle, Wash.: 1730 Exchange Building.










Approved Code No. 84Q1-Amendment No. 1


AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION
FOR THE

VITREOUS ENAMELED WARE MANUFACTURING
INDUSTRY

As Approved on March 30, 1935


ORDER

APPROVING AMENDMENT OF SUPPLEMENTARY CODE OF FAIR COMPETI-
TION FOR THE VITREOUS ENAMELED WARE MANUFACTURING INDUSTRY

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING 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 an amend-
ment to the Supplementary Code of Fair Competition for the Vitre-
ous Enameled Ware Manufacturing Industry, and an Opportunity
to be Heard having been duly afforded all interested parties and the
annexed report on said amendment containing findings with respect
thereto having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board pursuant to au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 1934, and other-
wise, does hereby incorporate by reference, said annexed report and
does find that said amendment and the Supplementary Code as con-
stituted after being amended comply in all respects with the perti-
nent provisions and will promote the policy and purposes of said
Title of said Act and does hereby order that said amendment be
and it is hereby approved, and that the previous approval of said
Supplementary Code is hereby modified to include an approval of
said Supplementary Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrctive Ofeicer.
Approval recommended:
JOHN W. UPP,
Acting Division Administrator.
WASHINGTON, D. C.,
March 30, 1935.
125483 p 1749-4--35 (11











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on an amendment of Article V of the Supple-
mentary Code of Fair Competition for the Vitreous Enameled Ware
Manufacturing Industry. The amendment is designed to eliminate
Rule A of Article V pertaining to the pricing provisions.
A Notice of Opportunity to be Heard, dated March 6, 1935, has
been duly afforded to all interested parties.
The Supplementary Code Authority for the Vitreous Enameled
Ware Manufacturing Industry has proposed the present amend-
ment for the reason that the members of the Industry have found
that the provisions of Rule A of Article V are impractical in opera-
tion in the Vitreous Enameled Ware Manufacturing Industry.
FINDINGS
The Assistant Deputy Administrator in his final report to the Na-
tional Industrial Recovery Board on said amendment to said Supple-
mentary Code, having found as herein set forth and on the basis of
all proceedings in this matter.
"It has been found that:
"(a) The amendment to said Supplementary Code, and the Sup-
plementary Code as amended are well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including the removal of obstructions to the free flow of inter-
state and foreign commerce which tend to diminish the amount
thereof and will provide for the general welfare by promoting the
organization of Industry for the purposes of cooperative action of
labor and management under adequate governmental sanction and
supervision, by eliminating unfair competitive practices, by promot-
ing the fullest possible utilization of the present productive capacity
of Industry, and by avoiding undue restriction of products (except
as may be temporarily required) by increasing the consumption of
industrial and agricultural products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor and by otherwise rehabilitating Industry.
"(b) The Supplementary Code as amended complies in all re-
spects with the pertinent provisions of said Title of said Act, in-
cluding, without limitation, Subsection (a) of Section 3, Subsection
(a) of Section 7 and Subsection (b) of Section 10 thereof.
(c) The Supplementary Code empowers the Supplementary Code
Authority to present the aforesaid amendment on behalf of the In-
dustry as a whole.
"(d) The amendment, and the Supplementary Code as amended,
are not designed to and will not permit monopolies or monopolistic
practices.





3

"(e) The amendment and the Supplementary Code as amended,
are not designed to and will not eliminate or oppress small enter-
prises 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 the approval of
said amendment."
For these reasons, therefore, the Board has approved this
amendment.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
AAdministrative Officer.
MIARCH 30, 1935.












AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE VITREOUS ENAMELED WARE
MANUFACTURING INDUSTRY
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY

Delete Rule A of Article V, which reads as follows:
RULE A. No products of the Industry, in whole or in part, shall
be sold or exchanged or offered for sale or exchange at prices less
than the seller's cost of such products; such cost to be based on a
formula which shall be at least as detailed and complete as the for-
mula to be prepared by the Supplementary Code Authority and
approved by the Administrator. Provided, however, that if any
member of the Industry desires to sell below his cost in order to meet
competitive prices on articles of similar style, grade and/or specifica-
tion filed in accordance with the provisions of this Section, he shall
first report to the agent of the Supplementary Code Authority and
in such report cite the competition that would cause him to take
such action. This revised price and/or condition of sale shall become
effective immediately upon receipt thereof by said agent. Immedi-
ately upon receipt thereof said agent shall, by telegraph or by some
other equally prompt means, notify said member of the time of such
receipt.
"When the Supplementary Code Authority determines that an
emergency exists in this Industry and that the cause thereof is de-
structive price-cutting such as to render ineffective or seriously en-
danger the maintenance of the provisions of this Supplementary
Code, The Supplementary Code Authority may cause to be deter-
mined the lowest reasonable cost of the products of this Industry,
such determination to be subject to such notice and hearing as the
Administrator may require. The Administrator may approve, dis-
approve, or modify the determination. Thereafter, during the pe-
riod of emergency, it shall be an unfair trade practice for any
member of the Industry to sell or offer to sell any products" of the
Industry for which the lowest reasonable cost has been determined
at such prices or upon such terms and conditions of sale that the
buyer will pay less therefore than the lowest reasonable cost of such
products.
"When it appears that conditions have changed, the Supplementary
Code Authority, upon its own initiative or upon the request of any
interested party, shall cause the determination to be reviewed.
"All members of the Industry shall, within ten (10) days after
the effective date of this Supplementary Code publish for the benefit
of all wholesalers and manufacturers of enameled ware and file with
the Agent of the Supplementary Code Authority, net price lists







and/or price lists and discount sheets, including terms, and other
conditions at which they will sell the products of the Industry to
the recognized wholesale distributors.
"Revised price lists and/or discount sheets and/or all other con-
ditions of sale may be filed from time to time thereafter with the
Agent of the Supplementary Code Authority by any member of
the Industry, to become effective ten (10) days after actual receipt
by the Agent of the Supplementary Code Authority. Copies of such
original price lists and revised lists and/or discount sheets and/or all
other conditions of sale, with notice of the effective date thereof, shall
be immediately sent to all members of the Industry, and shall be
available to all interested parties; and any member of the Industry
may file, if he so desires, revisions of his price list and/or discount
sheets and/or conditions of sale, which shall become effective at
the date when the revised list first filed becomes effective.
In the event that the Supplementary Code Authority shall find
that competitive conditions in the sale of the products of the Industry
to any one or more of the various classes of trade, have resulted in
improper price cutting or other unfair competitive practices, it may,
with the approval of the Administrator, require the filing of net
price lists and 'or discount sheets by all members of the Industry,
setting forth the prices, terms, bases of delivery and other condi-
tions at which they will sell the products of the Industry to such other
class or classes of trade. The manner and effect of such filing shall
be the same in all respects as set forth in the two (2) preceding para-
graphs.
When filing net price lists and/or price lists and discount sheets,
as set forth in this Rule A, each member of the Industry shall file
with the Agent of the Supplementary Code Authority the number
of such price lists and/or price lists and discount sheets required by
him for the purpose set forth in this Rule.
"The sale of dropped lines, or inventories which must be con-
verted into cash to meet emergency needs may be made by any
member of the Industry upon two weeks' notice of intention to do
so, in writing, to the Supplementary Code Authority setting forth
the facts and the reasons for such proposed disposal. If any member
of the Industry shall within six months after any such disposal,
manufacture any product which he has classified as a dropped line,
the emergency sale of such product below cost shall be deemed prima
facie to have been in violation of this Supplementary Code.
"No member of the Industry shall sell or offer to sell directly by
any means whatsoever, any products of the Industry, covered by
provisions of this Article V, at a price or at discounts or on other
conditions of sale more favorable than those provided in his own
current net price lists or price lists and discount sheets".
Reletter Rule B as Rule A.
Reletter Rule C as Rule B.
Reletter Rule D as Rule C.
Reletter Rule E as Rule D.
Reletter Rule F as Rule E.
Reletter Rule G as Rule F.
Reletter Rule H as Rule G.
Reletter Rule I as Rule H.








Reletter Rule J as Rule I.
Reletter Rule K as Rule J.'
Reletter Rule L as Rule. K.
Reletter Rule M as Rule L.
Reletter Rule N as Rule M.
Approved Code No. 84Q1-Amendment No. 1.
Registry No. 1018-1-01.
0





UNIVERSITY OF FLORIDA

3 1262 08482 9018




Full Text

PAGE 1

Approved Code No. 84Q1-Amendment No.1 Registry No. 1018-1-o1 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE VITREOUS ENAMELED WARE MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON MARCH 30, 1935 WE DO OUR PART UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 For sale by the Superintendent of Documents. D. C. ----• ---Price 5 cenu

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D. C., and by the following N. R. A. offices: Atlanta, Ga.: 625 Citizens & Southern National Bank Building. Baltimore, Md. : 130 Customhouse. Birmingham, Ala.: 201 Liberty National Life Building. Boston, Mass. : Room 1200, 80 Federal Street. Buffalo, N.Y.: 219 White Building. Chicago, Ill.: Room 204, 400 North Mi chigan Avenue. Cleveland, Ohio. : 520 Bulkley Building. Dallas, Tex.: 1212 Republic Bank Building. D etroit, Mich.: 415 New Federal Building. Houston, Tex. : 403 Milam Building. Jac k so nville, Fla.: 425 United States Courthouse and Post Office Building. Los Angeles, Calif.: 751 Figueroa Street, South. Louisville, Ky.: 408 Federa l Building. Minneapolis, Minn. : 900 Roanoke Building. Nas h v ille, Tenn.: 415 Cotton States Building. Newark, N. J.: 434 Industrial Offic e Building, 1060 Broad Street. New Orleans, La.: 214 Customhouse. New York, N. Y.: :15 Broadway. Oklahoma City, Okla.: 427 Commerce Exchange Building. Philadelphia, Pa. : 933 Commercial Trust Building. Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg. : 407 Park Building. Providence, R. I.: National Exchange Bank Building, 17 Exchange Street. St. Louis, Mo.: Suite 1220, 506 Olive Street. . San Francisco, Calif. : Humbolt Bank Building, 785 Market Street. Seattle, Wash. : 1730 Exchange Building.

PAGE 3

Approved Gode No. 84Ql-Arnendrnent No. 1 AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE VITREOUS ENAMELED WARE MANUFACTURING INDUSTRY As Approved on March 30, 1935 ORDER APPROVING AMENDMENT oF SUPPLEMENTARY CoDE OF FAIR CoMPETITION FOR THE VITREOUS ENAMELED wARE MANUFACTURING INDUSTRY A DIVISION OF THE FABRICATED METAL PRODUCTS M ANUFACTURING AND METAL FINISHING AND METAL COATING INDUSTRY An application having been duly made f.ursuant to and in full compliance with the provisions of Title I o the National Industrial Recovery Act, approved June 16, 1933, for approval of an amendment to the Supplementary Code of Fair Competition for the Vitreous Enameled Ware Manufacturing Industry, and an Opportunity to be Heard having been duly afforded all interested parties and the annexed report on said amendment containing findings with respect thereto having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States , the National Industrial R e covery Board pursuant to authority vested in it by Executive Orde rs of the President, including Executive Order No. 6859, dated September 27, 1934, and otherwise, does hereby incorporate by refer ence, said annexed report and does find that said amendment and the Supplementary Code as constituted after being amended comply in all respects with the pertinent _provisions and will promote the policy and purpos es of said Title of said Act and does hereby order that said amendment be and it is hereby approved, and that the previous approval of said Supplementary Code is hereby modified to include an approval of said Supplementary Code in its entirety as amended. NATIONAL INDuSTRIAL RECOVERY BoARD, By W. A. HARRIMAN, Administr ctive Officer. A _pproval recommended : JoHN W. UPP, Acting Dimsion Ad7 ninistrator. WASHINGTON, D. C., March 30, 1935. 125483----1749-4----35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White House. SIR: This is a report on an amendment of Article V of the Supplementary Code of Fair Competition for the Vitreous Enameled "\Vare Manufacturing Industry. The amendment is designed to eliminate Rule A of Article V pertaining to the pricing provisions. A Notice of Opportunity to be Heard, dated March 6, 1935, has been duly afforded to all interested parties. The Supplementary Code Authority for the Vitreous Enameled Ware Manufacturing Industry has proposed the present amendment for the reason that the members of the Industry have found that the provis ions of Rule A of Article V are impractical in operation in the Vitreous Enameled Ware Manufacturing Industry. FINDINGS The Assistant Deputy Administrator in his final report to the N ationa! Industrial Recovery Board on said amendment to said Supplenlentary Code, having found as herein set forth and on the basis of all proceedings in this matter. " It has been found that: " (a) The amendment to said Supplementary Code, and the Sup plementary Code as amended are well designed to promote the policies and purpos es of Title I of the National Industrial Recovery Act, including the removal of obstructions to the free flow of 'inter state and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of Industry for the purposes of cooperative action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of Industry, and by avoiding undue restriction of products (except as may be temporarily by increasing the consumption o industrial and agricultura1 products through increasing pu1 •chasing power, by reducing and relieving unemployment, by improving standards o labor and by otherwise rehabilitating Industry. "(b) The Supplementary Code as amended complies in all re spects with the pertinent provisions of said Title of said Act, including, without limitation, Subsection (a) of Section 3, Subsection (a) of Section 7 and Subsection (b) of Section 10 thereof. " (c) The Supplementary Code empowers the Supplementary Code Authority to present the aforesaid amendment on behalf o the Industry as a whole. " (d) The amendment, and the Sup.J?lementary Code as amended, are not designed to and will not pBrmlt monopolies or monopolistic practices . (2)

PAGE 5

3 . " (e) The amendment and the Supplementary Code as amended, are 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 the approval of said amendment." For these reasons, therefore, the Board has approved this amendment. For the National Industrial Recovery Board: w. A. HARRIMAN, MARCH 30, 1935. Administrative Officer.

PAGE 6

AMENDMENT TO SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE VITREOUS ENAMELED WARE MANUFACTURING INDUSTRY A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND METAL FINISHING AND METAL COATING INDUSTRY Delete Rule A of Article V, which reads as follows: "RULE A. No products of the Industry, in whole or in part, shall be sold or exchanged or offered for sale or exchange at prices less than the seller's cost of such products; such cost to be based on a formula which shall be at least as detailed and complete as the formula to be prepared by the Supplementary Code Authority and approved by the Administrator. Provided, however, that if any member of the Industry desires to sell below his cost in order to meet competitive prices on articles of similar style, grade and/or specification filed in accordance with the provisions of this Section, he shall first report to the a.gent of the Supplementary Code Authority and in such report cite the competition that would cause him to take such action. This revised price andjor condition of sale shall become effective immediately upon receipt thereof by said agent. Immediately upon receipt thereof said agent shall, by telegraph or by some other equally prompt means, notify said member of the time of such receipt. " When the Supplementary Code Authority determines that an emergency exists in this Industry and that the cause thereof is destructive price-cutting such as to render ineffective or seriously endanger the maintenance of the provisions of this Supplementary Code, The Supplementary Code Authority may cause to be deter mined the lowest reasonable cost of the products of this Industry, such determination to be subject to such notice and hearing as the Administrator may require. The Administrator may approve, disapprove, or modify the determination. Thereafter, during the period of emergency, it shall be an unfair trade practice for any member of the Industry to sell or offer to sell any products of the Industry for which the lowest reasonable cost has been determined at such prices or upon such terms and conditions of sale that the buyer will pay less therefor than the lowest reasonable cost of such products. "When it appears that conditions have changed, the Supplementary Code Authority, upon its own initiative or upon the request of any interested party, shall cause the determination to be reviewed. "All members of the Industry shall, within ten (10) days after the effective date of this Supplementary Code publish for the benefit of all wholesalers and manufacturers of enameled ware and file with the Agent of the Supplementary Code Authority, net price lists (4)

PAGE 7

5 and/or price lists and discount sheets, including terms, and other conditions at which they will sell the products of the Industry to the recognized wholesale distributors. "Revised price lists andjor discount sheets and/or all other con ditions of sale may be filed from time to time thereafter with the Agent of the Supplementary Code Authority by any member o:f the Industry, to become effective ten (10) days after actual receipt by the Agent of the Supplementary Code Authority. Copies of such original price lists and revised lists andjor discount sheets and/or all other conditions of sale, with notice of the effective date thereof, shall be immediately sent to all members of the Industry, and shall be available to all interested parties; and any m ember of the Industry may file, if he so desires, revisions of his price list and/or discount sheets andjor conditions of sale, which shall become effective at the date when the revised list first filed becomes effective. "In the e .vent that the Supplementary Code Authority shall find that competitive conditions in the sale of the products of the Industry to any one or more of the various classes of trade, have resulted in improper price cutting or other unfair competitive practices, it may, with the approval of the Administrator, r equire the filing of net price lists andjor discount sheets by all members of the Industry, setting forth the prices, terms, bases of d elivery and other conditions at which they will sell the products of the Industry to such other clas s or classes of trade. The manner and effect of such filing shall be the same in all respects as set forth in the two (2) preceding paragTaphs. "When filing net price lists and/or price lists and discount sheets, as set forth in this Rule A, each member of the Industry shall file with the Agent of the Supplementary Code Authority the number of such price lists andjor price lists and discount sheets required by him for the purpose set forth in this Rule. "The sale of dropped lines, or inventories which must be converted into cash to meet en1ergency needs may be made by any member of the Industr_:y upon two weeks' notice of intention to do so, in writing, to the Supplementary Code Authority setting forth the facts and the reas ons for such proposed disposal. If any member of the Industry shall.( within six months after any such disposal, manufacture any product which he has classified as a dropped line, the emergency sale of such product below cost shall be deemed prima facie to have been in violation of this Supplementary Code. " No member of the Industry shall sell or offer to sell directly by any means whatsoever, any products of the Industry, covered by provisions of this Article V, at a price or at discounts or on other conditions of sale more favorable than those provided in his own current net price li sts or price lists and discount sheets". Reletter Rule B a s Rule A. R eletter Rule C as Rule B. R eletter Rule D as Rule C. Reletter Rule E as Rule D. Reletter Rule F as Rule E. R eletter Rule G as Rule F. Reletter Rule H as Rule G. Reletter Rule I as Rule H.

PAGE 8

R e lett e r Rule J a s Rule I. R e l e tter Rule K as Rule J : R e l e t te r Rule L as Rule 1{. R e l ette r Rule M a s Rul e L. R e l ette r Rule N as Rule M. 6 Approved Code N o . 84Ql-A m e ndment No. 1. Registr y No. 1018-1-01. 0 /II/IIIII 3 1262 08482 9018


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