Testing of Contaminated Toner Cartridges Continues to Make Waves in Europe
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Testing of Contaminated Toner Cartridges Continues to Make Waves in Europe
Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
In recent months, German industry statement once again avowing that it
publication Digital Imaging (www.di- has audited its cartridges and that the
branche.de) has been publishing a series cartridges that it is selling in Europe no
of articles about new-build compatible longer have elevated levels of
toner cartridges being sold in Europe that decaBDE. And in perhaps the biggest
contain elevated levels of a banned toxic twist we have encountered in the whole
fire retardant called decabromdiphenyl decaBDE saga to date, Static says its
HP sees elevated
ether (decaBDE). On January 4, Digital own testing of a variety of cartridges,
decaBDE levels in Imaging published yet another article including those of its competitors, has
new-builds as one about the issue following the news that shown decaBDE is “endemic” in the
more compelling the European Toner and Inkjet aftermarket supplies industry, found in
Remanufacturers Association (ETIRA) new-build cartridges, remanufactured
reason why had commissioned testing of new-build cartridges, and components alike.
customers should toner cartridges that found the presence Static has not said at what levels
buy OEM cartridges. of elevated levels of decaBDE. decaBDE was found, named names, or
In the wake of Digital Imaging’s newest provided any details of its testing, but
post, we reached out to various industry what Static’s testing might reveal could
contacts to see what they had to say put a chill in the hearts of some of the
about the issue. HP sees elevated remanufacturers that have been
decaBDE levels in new-builds as one pushing the testing of new-build toner
more compelling reason why customers cartridges. As more companies and
should buy OEM cartridges. groups commission testing and reveal
Remanufacturers are looking to make results, it will be interesting to see how
hay of the issue and are trying to spread broad a problem this becomes and if
awareness so that authorities in various indeed it implicates a wide swath of
European countries will take action. Europe’s aftermarket toner cartridge
They see the decaBDE contamination industry beyond just new-builds or if the
found in new-build toner cartridges as a problem mainly lies with new compatible
scandal and an opportunity—one that toner cartridges.
they hope will help them win back
What’s the Scoop on DecaBDE?
market share they have been losing to
cheaper compatibles. New-build toner What is decaBDE? It is a flame retardant
cartridge makers Aster and Print-Rite that has been used in plastics and
provided us with statements about their synthetic fibers and carpets. Its use in
compliance with European regulations. toner cartridges stems from its use in
Of all the companies we contacted, recycled plastic for cartridge casings that
Static Control had perhaps the most can stand up to the high heat involved in
interesting response. It has issued a the fusing process.
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 2
Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
Under the directive, The problem is decaBDE is considered and electronic equipment, it would cover
to be a persistent, bioaccumulative, and toner cartridges, as long as they have
levels of toxic substance. Because it builds up in chips. Thus, Digital Imaging asserts that
polybrominated the environment and may adversely levels of decaBDE higher than 1,000
diphenyl ethers must affect the well-being of humans and mg/kg have been banned in toner
animals, the manufacture and use of cartridges in the EU since 2008.
be lower than 1,000
decaBDE is restricted in some parts of
milligrams per Daniel Orth, managing director of
the world. Tonerdumping, one of the companies
kilogram (mg/kg). In Europe, which is where the testing of whose cartridges were found to have
new-build toner cartridges is taking elevated levels of decaBDE, has a
place, the European Union (EU) different point of view. He argues that
Restriction of Hazardous Substances decaBDE will be banned in toner
(RoHS) first called for decaBDE to be cartridges once the REACH directive on
phased out of electrical and electronic decaBDE goes into effect in March 2019
equipment by 2006. After a period of but says that toner cartridges are not
exemptions and some litigation, it was necessarily covered under previous
officially banned in such products starting directives. He tells us:
July 1, 2008. In an RoHS directive from It is still not clear if there are EU
June 2011, polybrominated diphenyl
regulations broken. DecaBDE-
ethers are on the list of banned plastic is in general forbidden
substances. Under the directive, levels of from 2nd March 2019 on.
polybrominated diphenyl ethers must be Before it is only forbidden for
lower than 1,000 milligrams per kilogram electronic products. Mr. Ortner
(mg/kg). [author of the Digital Imaging
Then, in February 2017, the EU stepped article] wrote that toner
restrictions up further when it published a cartridges are covered by a
restriction on decaBDE use as part of an regulation from 2008, because
amended annex XVII to its Registration, he thinks that toners is an
Evaluation, Authorization and Restriction electronic product regarding the
of Chemicals (REACH) regulation. Under German electronic waste law.
this regulation, slated to take effect But by definition there are three
March 2, 2019, decaBDE levels can be types of products: electronic
no higher than 0.1 percent (1,000 mg/kg) products, non-electronic
by weight. The REACH regulation notes, products, and products where
“The proposed restriction should not you can replace the electronic
apply to electrical and electronic part. The third product is only
equipment within the scope of Directive covered by RoHs regulations
2011/65/EU of the European Parliament when it is not possible to
and of the Council [here, the EU is remove the chip from the
referring to the RoHS directive noted cartridge. But every
above], as the placing on the market of remanufacturer will confirm that
such equipment containing it is possible to remove the chip,
polybrominated diphenyl ethers (‘PBDE’) because remanufacturers are
in a concentration above 0.1 % by weight replacing chips on cartridges
is already regulated by that Directive.” every day.
According to Digital Imaging, because And here you find the German
the RoHS directive applies to electrical ElektroG (electronic waste law):
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 3
Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
https://www.elektrogesetz.de/wp- REACH end users have the right to
content/uploads/ElektroG_20151 receive and it is the duty of the supplier
020.pdf and importer of articles to communicate
information on Substances of Very High
On page 21 you find a list of
Concern (SVHC) in their articles as
products which are defined as
defined by Article 33 of the REACH
electronic waste. Printers are
Regulation: every supplier within the
mentioned, but toners are not.
supply chain has to provide, free of
Volker Kappius, managing director of charge, the recipient of an article with
Delacamp and spokesperson for German information on the presence of every
cartridge remanufacturing industry SVHC contained in this article (> 0.1%,
network DKWU, however, disagrees. He w/w) together with sufficient information
says he has confirmation from German on the safe use of the article. The duty to
authorities that chipped printer cartridges inform about SVHC applies to articles.
are subject to RoHS and the Waste An article is an object which during
Electrical and Electronic Equipment production is given a special shape,
(WEE) Directive and that decaBDE has surface, or design which determines its
been “banned in all electronic equipment function to a greater degree than does its
TÜV Rheinland’s headquarters including cartridges since 2008.” chemical composition. Consequently,
Mr. Kappius directed us to new-build cartridges are articles.”
documentation that supports his point of We wrote to the European Union seeking
view. He notes that a FAQ in the WEE a definitive answer and clarity on rules
directive (see page 8) indicates that regarding decaBDE in toner cartridges,
printer cartridges fall under the scope of but unfortunately their only response was
the directive as long as they “contain to send a link to the European Chemicals
electrical parts and are dependent on Agency’s dedicated website
electric currents or electromagnetic fields (www.echa.europa.eu/support).
in order to function properly.” The FAQ
notes that cartridges consisting of just ink Who Found What?
and a container would not fall under the The latest Digital Imaging article builds
scope of the directive. Says Mr. Kappius, upon what was revealed in the
“A laser printer all-in-one cartridge is magazine’s previous coverage, including
always dependent on an electric current. its initial September 2018 article about
Even more so if it is chipped.” the topic (see “German Magazine Says
We also found a pertinent FAQ on the Static Control Marketed Contaminated
RoHS directive that states, “Only Compatibles”) and a December 2018
consumables with an equipment report following ETIRA’s announcement
constituent meeting the now more about testing it commissioned (see
specific definition of EEE in Article 3(1) “ETIRA-Commissioned Tests Find More
and 3(2) such as printer cartridges are Contaminated New-Build Toner
EEE and in the scope of RoHS 2.” Cartridges”).
Mr. Kappius added that in his view even We exchanged emails with the author of
though the new regulations on decaBDE Digital Imaging’s coverage of this topic,
under REACH are not slated to take Dr. Hubert Ortner, who says TÜV
effect until March 2019, the contaminated Rheinland has conducted testing of ten
new-build toner cartridges still infringe on new-build toner cartridge brands/models
REACH regulations. He explains, “Under sold in Europe (except for one model,
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 4
Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
which was sold in Russia), and nine of and key until now” because “no HP
these tests showed elevated decaBDE cartridge was analyzed as a reference for
levels. The results of those tests are this test and the cartridge was not
summarized in the table below. intended for the European market.”
Digital Imaging has now, however,
One new development that had not been
decided to reveal the name of the
revealed in Digital Imaging’s prior articles
manufacturer and cartridge model
about the decaBDE issue was that a
“because the analyses by TÜV
cartridge made by Aster tested positive
Rheinland/LGA are trustworthy even
for elevated decaBDE levels. Digital
without negative control.” Digital Imaging
Imaging’s January 4 article says this was
notes that this cartridge was not intended
actually the first new-build toner cartridge
for sale in Germany but only in Eastern
to be submitted for testing by TÜV
Europe and so may not be “objectionable
Rheinland, all the way back in June.
… from a formal legal point of view.”
Digital Imaging says it kept the name of
the cartridge manufacturer “under lock Digital Imaging says the source for much
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 5
Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
Andy Binder, vice president and general
manager of office supplies solutions for
HP Inc., provided us with the following
statement:
The results of the tests
commissioned by ETIRA are
quite concerning. HP already
restricted DecaBDE in its
General Specification for the
Environment in 1998. Usage of
DecaBDE in electrical and
electronic equipment was
banned in the EU in 2008
because of hazards to human
health and the environment. If
of the contaminated plastic is likely the results reported by ETIRA
Huiwei Corporation, a Zhuhai-based are true, this seems to indicate
manufacturer of new-build empty toner a systematic issue from a
cartridges. The article quoted Mr. human health and
Kappius as saying Huiwei makes about environmental perspective. This
60 to 80 percent of all the plastic problem is yet another good
cartridge casings for new-build toner reason to rely on and print with
cartridges made in China. original OEM cartridges, such
Interestingly, Digital Imaging says that as HP original toner cartridges,
The results of the more testing of new-build toner which are produced according
cartridges is planned. ETIRA supposedly to stringent quality, compliance,
tests commissioned
will commission further test results in and substance controls
by ETIRA are quite January, including cartridges made by standards.
concerning … If the China’s big toner cartridge manufacturers It should be noted that in its testing of
results reported by such as Aster, Ninestar, and Print-Rite. various new-build toner cartridges TÜV
Digital Imaging adds that wta Carsten Rheinland also tested the comparable
ETIRA are true, this
Weser GmbH and another unnamed HP toner cartridge models as a point of
seems to indicate a German remanufacturer are also comparison. In its initial article on the
systematic issue commissioning testing in order to use the decaBDE issue, Digital Imaging said that
from a human health results as sales tools. And, as noted the HP toner cartridges tested had less
above and discussed in more detail than 5 mg/kg decaBDE, well under the
and environmental below, Static Control indicates it will be 1,000 mg/kg limit.
perspective. releasing more information about its test
results. Tonerdumping Response
Shortly after last month’s Digital Imaging
HP Comments
report indicated TÜV Rheinland tested a
All the new-build cartridge models that Tonerdumping cartridge and found a
have had elevated decaBDE levels so far decaBDE value of 14,000 mg/kg,
have been designed to replace HP Tonerdumping’s Mr. Orth provided us
original toner cartridges. Thus, we with a statement indicating that
reached out to HP to learn what its take Tonerdumping is taking the issue
might be on the ongoing testing in seriously and is working with its suppliers
Europe.
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 6
Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
Aster Statement
We asked Aster if it could comment on
the decaBDE issue in light of Digital
Imaging’s report that one of its toner
cartridges was found to have elevated
(see “Tonerdumping Responds to levels of decaBDE. Similar to what Mr.
DecaBDE Issue”).
Orth said, Aster explains it has been
The latest Digital Imaging article says it working to meet the REACH regulation.
was an HP 412X toner cartridge made by The company says third-party testing
Static Control that had elevated levels of shows its new product samples meet this
the flame retardant. Mr. Orth tells us he standard.
identified the manufacturer from photos of
the cartridge that Digital Imaging sent to
him, but he adds that Tonerdumping did
not purchase the cartridge from Static
Control directly but from two different
remanufacturer companies, one of which
said the cartridge was from Static Control.
Mr. Orth emphasizes that Tonerdumping
Aster explains it has The firm’s statement reads in its entirety:
is currently working with Ninestar to
been working to meet establish the G&G brand in Germany, On 10 February 2017, the
the REACH and that part of this effort includes European Union published
regulation. The quality control and following EU Regulation (EU) 2017/227 to
regulations. DecaBDE plastic will be include decaBDE stating that
company says third-
forbidden after March 2019, he says, “the substance decaBDE shall
party testing shows but his suppliers including “Ninestar and be subject to a limit of 0,1 % (by
its new product Aster are well prepared for this.” He weight) for its use in the
samples meet this says he was misquoted by Digital production of or placing the
Imaging and never said that the reason market in another substance as
standard. why these manufacturers are changing a constituent, a mixture, or an
their plastic had anything to do with article or any part thereof after 2
Digital Imaging’s report. “The truth,” he March 2019.”
says, “is that our major toner cartridge
Since that time, and as a
suppliers changed the plastic a few
certified REACH Compliant
months ago and have taken steps to
Company, Aster Graphics has
ensure that no plastic part will exceed
worked both internally and with
the prescribed limits in the future.” Mr.
its raw material suppliers to
Orth adds, “As the most important
meet this standard. Very
measure, our largest supplier has
recently, Aster Graphics has
indicated and demonstrated that the
received positive third-party test
change to unpolluted plastic took place
results confirming that new
months ago. We have already received
product samples have met the
RoHs and REACH tests from the first
stringent 0,1 % (by weight)
toner cartridges that can prove this.
standard. Aster Graphics will be
These tests were made by an
supplying these test results to
independent organization and not by the
its customers and all future
manufacturers themselves.”
shipments of products will utilize
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 7
Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
the new plastic formulations. more stringent regulations on decaBDE
could result in less use of
In our work to meet this
remanufactured plastics in products. The
standard, Aster determined that
group warns that if regulations are
the decaBDE levels in our
lowered still further to 10 mg/kg, which
products were coming from the
has been proposed, “Recycling plastics
Steve Weedon, recycled plastic content in raw
from WEEE or ELVs in Europe will come
materials. It is well known that
director and to an end: producing recycled plastics
this new standard has been
corporate strategist challenging for the electrical and containing less than 10 mg/kg of
decaBDE is not technically feasible at
for Print-Rite, was electronic equipment (WEEE)
industrial scale, even for the best
nonplussed about recycling industry in Europe and
performing operators with whom EuRIC
its future, as noted in the
the prospect of Position of the European
is working. This would effectively halt
testing. Recycling Industries’ companies which invested heavily in the
development of innovative sorting and
Confederation (EuRIC),
treatment processes from recycling
https://www.mgg-
plastics, while bringing no added benefit
recycling.com/wp-
to the protection of human health or the
content/uploads/EuRIC_Recast
environment.”
_POP-
Regulation_Position_June2018. Print-Rite Statement
pdf.
Print-Rite was not implicated in any of
Aster Graphics has always Digital Imaging’s articles about decaBDE
maintained high environmental or in the ETIRA announcement.
and social sustainability However, because the company is a
standards. We are pleased to major maker of new-build toner
announce that in December cartridges, we thought we’d reach out to
2018 we received the Print-Rite to see what the company could
prestigious Nordic Swan license say about decaBDE levels in its
approval, Nordic Ecolabel cartridges and whether Print-Rite was at
license No. 3008 0052 for our all worried that its cartridges are on
line of Remanufactured OEM ETIRA’s list for future testing.
Toner Cartridges. For many
years Aster Graphics has also
held the following certifications:
CE, RoHS, ISO 14001.
So, as Digital Imaging suggested, it
seems that Aster’s source for the
recycled plastic in cartridge casings was
the problem. Aster did not directly
address whether any of its older Steve Weedon, director and corporate
cartridges had higher decaBDE levels strategist for Print-Rite, was nonplussed
and may have violated any European about the prospect of testing. He stated,
regulations—its emphasis was on the “We comply to REACH and RoHs
fact that it is now in compliance with standards and have test lab results
European laws. report[s] from [a] third-party European
test house as well as from a Chinese
The position statement Aster points to
certified testing house. Print-Rite is also
from EuRIC asserts that the EU’s ever
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 8
Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
issue. And it contains a potential
bombshell.
Static’s January 11 statement reads:
In December, Static Control
responded to allegations of an
unauthorized substance being
in a limited number of cartridges
based on an article in the
German publication Digital
Imaging.
certified under qc080000 Standards, Static Control investigated
which means we have accredited internally and sent cartridges
systems to monitor and put into place and components used for
processes that ensure we are certified remanufacturing cartridges to
and our products comply to REACH and LGA, a third-party, independent
RoHs standards.” laboratory based in Germany for
immediate testing. The
Static’s Bombshell
investigation revealed the
On December 21, Static issued a majority of Static Control
statement on what Digital Imaging had cartridges and components
reported about its cartridges containing complied with all applicable
elevated levels of decaBDE. The firm environmental regulations but a
said only “a small number” of cartridges small number of cartridges
were affected and that the majority of its contained a fire-retardant
cartridges “were in compliance with all chemical that is restricted by
applicable environmental regulations.” RoHS.
Static laid the blame for the
LGA also discovered that some
contaminated plastic on a “rogue raw
of the Static Control cartridge
material supplier” and that it has “acted
models previously alleged in the
immediately to remedy this issue in the
original article to contain the
affected cartridge lines” (see “Static
chemical were actually found to
Control Says It Has Resolved
comply with the regulations,
Contaminated Plastic Issue”).
contradicting the report
We reached out to both Static Control supplied. The inconsistent test
and Ninestar, which is Static’s parent results further fueled Static
company and manufactures its new-build Control’s desire to investigate
toner cartridges, following Digital this issue thoroughly. The issue
Imaging’s January 4 report to see if they relates to using recycled
could provide more information on what plastics. The chemical is
their testing of their cartridges showed, specifically used to aid the use
how much of their product line was of recycled plastics.
affected, and similar questions. Ninestar
Static Control began an audit of
did not comment. While we did not
all plastics in our product line,
receive a reply to our questions from
both for cartridges and
Static Control, about a week after we
components to ensure either
sent our questions, the company issued
new plastics were used or the
a new public statement on the decaBDE
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 9Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
recycled product was free of the scope of the problem, brought its product
If, as Static Control flame-retardant chemical. line in compliance with RoHS and REACH
claims, elevated regulations, and has been selling only
In addition, we tested offerings
levels of decaBDE from a broad selection of the products that comply with regulations on
levels of decaBDE since its December 21
are rampant industry with both cartridges and
announcement. But the firm is also calling
throughout the components, including some of
into question whether elevated decaBDE
our competitors. The fire-
industry, including retardant chemical was found in levels are only a problem with new-build
in new-builds, the vast majority of the industry toner cartridges. If, as Static Control
claims, elevated levels of decaBDE are
remans, and samples tested and in all of the
rampant throughout the industry, including
competitor cartridges and
components, the in new-builds, remans, and components,
components submitted to our
problem is far laboratory. These results indicate
the problem is far bigger than it seemed
bigger than it last fall. And, as noted above, Static is far
that the fire retardant’s presence
from the only party commissioning testing.
seemed last fall. is endemic in the industry and
affects compatible cartridges, Who Is in the Catbird Seat?
remanufactured cartridges, and
Originally, we thought that the decaBDE
components.
issue, driven as it was largely by
We have discussed the remanufacturing industry groups, had the
implications of the testing with potential to help remanufacturers in
ETIRA and fully expect to provide Europe win back some share from new-
more information in the coming build makers, especially in the short
weeks. term. But, we also thought this issue was
Since our December too big for new-build makers to ignore
announcement, Static Control’s and that the bigger companies in the
European cartridge offering has industry would work quickly to bring their
been free of the fire-retardant lines into compliance.
chemical. Since our audit, we can Now, however, with Static indicating it is
confirm that all Static Control a problem that affects the aftermarket as
components and cartridges sold a whole, it appears that more aftermarket
at this time in Europe comply with supplies firms than originally thought may
RoHS and REACH be scrambling to bring their lines into
requirements. compliance. It poses a real dilemma for
As always, Static Control remains resellers in choosing what to offer. And it
diligent in complying with all is alarming to customers who are only
applicable environmental now learning that their aftermarket toner
regulations around the world and cartridges may contain elevated levels of
will continue to take all necessary a toxic substance.
steps to remain RoHS and While we are eager to see what happens
REACH compliant. next with all the testing, we are equally
Static’s aim here appears to be twofold. It interested to see what happens in regard
is once again trying to reassure customers to enforcement of European
that it acted immediately when it learned environmental regulations. As far as we
of the elevated decaBDE levels in a pair know, authorities have not acted on the
of its cartridge models, commissioned its decaBDE issue. Enforcement is the
own testing with LGA to determine the responsibility of the EU’s various
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 10Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
As the decaBDE scandal grows, the big question is who will be left perched
in the catbird seat?
member states and therefore varies from levels, that is good news for
country to country. It is unclear to us remanufacturers, but it is also a good
what might make authorities act upon the message for OEMs and one they will
As the issue of decaBDE issue and what that leverage. But, if, as Static suggests, a
decaBDE in enforcement might look like in practice. broader swath of the aftermarket industry is
However, we noticed that Chemical implicated, including compatible cartridge
aftermarket toner Inspection and Regulation Service makers, remanufacturers, and component
cartridges continues (CIRS) has published a table of makers alike, expect OEMs to take that
to implicate more administrative and criminal penalties for message and run with it.
violating provisions of the REACH
companies and There will always be customers who prefer
regulation. In Germany, for example,
industry players aftermarket cartridges due to their lower
administrative penalties include fines of up
price points, and while by and large that
point fingers at each to €100,000. Criminal penalties, however, won’t change as a result of the decaBDE
other, there is a real in Germany for REACH violations are issue, some customers could be turned off
stiffer and include fines of up to €1 million
chance that … the from the category. Instead of
and up to five years of prison. remanufacturers scooping up some share
reputation of the
As the issue of decaBDE in aftermarket from new-build makers, it is possible we
aftermarket industry toner cartridges continues to implicate may see OEMs take a little bit of share
as a whole in Europe more companies and industry players point away from both.
will be damaged. fingers at each other, there is a real chance [Editor’s note: Actionable Intelligence has
that there will be no winners in the ongoing not played any role in submitting any
battle between new-build cartridges makers company’s toner cartridges for testing. Our
and remanufacturers, only losers, and that aim is to report on details of testing as they
the reputation of the aftermarket industry as
become available in industry publications
a whole in Europe will be damaged. That
and company press releases. Our writing
leaves OEMs perched in the catbird seat. If on the topic appears exclusively on
in the end it appears that only new-build www.Action-Intell.com and not in any other
toner cartridges had elevated decaBDE industry publications.]
© 2019 Actionable Intelligence » HP’s use is with permission from Actionable Intelligence 11Actionable Intelligence | Testing of Contaminated Cartridges Continues to Make Waves in Europe
About Actionable Intelligence
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