Customs Baggage Rule Guide for NRIs/ International Passengers (updated upto 7th March, 2014)

Customs Baggage Rule Guide for NRIs/ International Passengers (updated upto 7th March, 2014)

This Guide is intended to provide you with details of custom baggage rules applicable for international passengers especially Non-Resident Indians. 

What is Green Channel - green channel, depicted by a green line at the Customs clearance in airports, is meant for passengers who have no dutiable goods to declare and allow them to go out of airport without any custom checking  

What is Red Channel - The red channel is for those who have dutiable goods to declare and they need to pay the duty for the items they imported over and above the duty free allowance limit.

Penal Provision - The penal provisions for attempting to walk through the green channel with restricted, banned or dutiable goods include confiscation, non-declaration, wrong declaration and concealment of imported goods is an offence under Custom Act which may result in confiscation, fine, penalty and even prosecution, imposition of fine up to five times the value of the goods involved, and arrest and prosecution in serious cases.  

Duty Free Import of Gold -  Male Indian passengers residing abroad for more than a year  are allowed to  bring in Rs 50,000 worth of jewellery duty-free while females are allowed Rs 100,000 worth of jewellery, the stay condition remaining the same.  Please remember here that, the passenger is allowed to bring only gold ornaments or gold jewellery.  These duties free condition is not applicable for any other forms of gold like gold bars, gold coins etc.  Also, please note that, the passengers must stay in aboard at least one year to eligible for this duty free limit.  If the passenger stayed in abroad less than a year, he/she needs to pay duty for the entire gold or gold ornaments imported with his/her baggage.  This import of gold is apart from the normal duty free allowance of items mentioned in the Appendix A

Import of Gold /Silver - There was a time when India did not allow import of gold at all; now one can bring in up to 1 kg, though the import is dutiable. However, ornaments studded with stones and pearls are not allowed. The passenger has the option to bring in the gold in his luggage or as unaccompanied baggage within 15 days of his arrival in India.  The passenger is liable to pay 10% of tax for gold import over and above the duty free limit mentioned in the above paragraph (the rate of duty is subject to change).  A passenger is also allowed to import 10 kg of silver subject to the payment of applicable duty. 

As per the Customs Circular No 06/2014-Customs, Dated 06th March, 2014, the rules and  related conditions regarding import of gold by ‘eligible passengers’ which provides that the gold in the form of bars and ornaments are allowed to be imported by ‘eligible passengers’ upon payment of 10% customs duty. As per the rule, the duty is to be paid in the foreign currency and total gold so imported should not exceed 1 kg. The rule prescribes that ‘eligible passenger’ means passenger of Indian Origin or a passenger holding valid passport issued under the Passport Act, 1967 who is coming in to India after a period of not less than 6 months of stay abroad. Short visits, if any, made by the ‘eligible passenger’ during the aforesaid period of 6 months shall be ignored if the total duration of stay does not exceed 30 days. Further, the benefit of notification is available only if the passenger has not availed of this exemption in any of such short visits.

There is a possibility of custom clearance receipt being used by unscrupulous elements as cover documents for easy circulation of many more gold bars that are smuggled into the country. These documents may also be used to influence cases involving seizure of gold bars in areas other than Customs Area. To avoid such type of misuses, now onwards, the engraved serial number of gold bars must be invariably mentioned in the baggage receipt issued by Customs.  In case of gold in any other form, including ornaments, the eligible passenger must be asked to declare item wise inventory of the ornaments being imported. This inventory, duly signed and duly certified by the eligible passenger and assessing officer, should be attached with the baggage receipt.  Wherever possible, the custom officer, may, inter alia, ascertain the antecedents of such passengers, source for funding for gold as well as duty being paid in the foreign currency, person responsible for booking of tickets etc. so as to prevent the possibility of the misuse of the facility by unscrupulous elements who may hire such eligible passengers to carry gold for them

 

Import of Laptop/Note Book Computer - One Laptop computer (notebook computer) can be brought by a passenger (excluding a member of the crew of a ship / aircraft) without making any payment of duty if the passenger is of the age of 18 years or above

Import of Television - As per the Government notification No. 84/2013-Customs(N.T) dated 19th August,2013, the Revenue Department amended the rules so as to “disallow import of flat panel (LCD/LED/Plasma) television as part of free baggage allowance” .  In effect from 26th August,2013, travelers bringing in LCD/LED/Plasma TV as part of baggage will have to pay customs duty at 35 per cent plus an education cess of three per cent to take the total import duty to 36.05 per cent.

How to compute Import Duty -  Import duty applicable over and above the normal duty free limit If the total value of the goods being brought exceeds the prescribed duty free allowance limit for a passenger, then customs duty has to be paid on the value which is in excess of the free allowance. The duty applicable on this exceeded amount would be presently charged @  36.05%.

Eg. If a passenger has brought various dutiable goods worth Rs.60,000  in total and that the duty free allowance applicable to him is Rs.35,000/-, the value which is in excess of the free allowance is Rs 25,000 (60,000 – 35,000) .  In this case the Custom Duty payable would be 36.05 % of Rs.25, 000 i.e. Rs. 9,012.00

Baggage Declaration - New Customs Rule – (Circular No. 05/2014-Customs -  F. No. 520/13/2013- Cus.VI Dated 27th February, 2014)

 W.e.f 1st March,2014, new customs rules  implemented  will require all passengers flying into India to self-declare currency exceeding Rs 10,000, gold jewellery and gold bullion in their possession. The passengers will also be required to declare number of baggage, including hand-carried baggage..

The Customs Baggage Declaration (Amendment) Regulations of 2014 require an Indian citizen to fill up the immigration form only when he or she goes out of the country. Indian citizens returning from abroad are not required to fill up. Now, the form will ask in-bound passengers to specifically declare prohibited goods and dutiable items, including gold jewellery, gold bullion and Indian currency exceeding the permitted limit.

The currency limit for Indian citizens is set at Rs 10,000.  Non-resident Indians can take foreign exchange, but they have to declare amounts exceeding  $5,000 or equivalent or when the aggregate value of foreign exchange (banknotes, travelers cheques) exceeds $10,000. For the first time, travelers would be asked to specifically declare any prohibited articles, gold jewellery (over free allowance), gold bullion and Indian currency exceeding Rs10,000 in the new  declaration form.

Old fields like declaration of satellite phone, foreign currency exceeding $5,000 or equivalent, aggregate value of foreign exchange including currency exceeding $10,000 or equivalent, meat, meat products, dairy products, fish or poultry products and seeds, plants, fruits, flowers and other planting material have been retained in the new format. 

Currency Rules  -  As per the present rule (RBI Circular No.RBI/2013-14/233 AP(DIR Series) Circular No.39 dated 6th September,2013- RBI Clarification)a resident individuals travelling abroad can bring into India currency notes of Government of India and Reserve Bank of India notes upto an amount not exceeding Rs. 10,000.  This is applicable for a person resident in India gone outside India or having gone out of India on temporary visit. Also, a person can take outside India (other than to Nepal and Bhutan) currency notes of Government of India and Reserve Bank of India notes up to an amount not exceeding Rs.10,000 (Rupees ten thousand only) per person; and ii) who had gone out of India on a temporary visit, may bring into India at the time of his return from any place outside India (other than from Nepal and Bhutan), currency notes of Government of India and Reserve Bank of India notes up to an amount not exceeding Rs.10,000 (Rupees ten thousand only) per person.

Any person can bring in to India from a place outside India, foreign currency//fore exchange without any limit, but currency brought in, in excess of $5,000 and aggregate in excess of $10,000 (including traveller's cheques), must be declared to Customs by filling the required Declaration Form. 

Alcoholic Drinks and Tobacco Products imported in excess of the limit is chargeable to duty at the rate applicable to their commercial imports as per the Custom Tariff Act 1962 (applicable duty - Cigarette   100%, Whisky  150%, Beer 100% +  3%-4%  education cess)

Baggage of Deceased Person -  Used bonafide personal and householder effects of deceased person are allowed to be imported free of duty subject to the condition that a Certificate from the concerned Indian mission (Embassy / High Commission) is produced at the time of clearance regarding the ownership of the goods by the deceased person.

Detained Baggage -  A passenger may request the Custom to detain his baggage either for re-export at the time of his departure from India or for clearance subsequently on payment of duty. The detained baggage would be examined and full details will be recorded.  Such baggages are kept in the custody of the Customs.

Duty Free Allowances

Passengers returning from countries other than Nepal, Bhutan, Myanmar or China. - An Indian resident or a foreigner residing in India, returning from any country other than Nepal, Bhutan, Myanmar or China, shall be allowed clearance free of duty articles in his bona fide baggage to the extent mentioned in Appendix- A

Provided that such Indian resident or such foreigner coming by land route as specified in Annexure IV, shall be allowed clearance free of duty articles in his bonafide baggage to the extent mentioned in column (2) of Appendix ‘B’.”

                                       Appendix - A


  (1)

Articles allowed free of duty
(2)

(a) All passengers of and above 10 years of age and returning after stay abroad of more than three days.

(i) Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii) Articles other than those mentioned in Annex. I upto a value of Rs. 35,000 if these are carried on the person or in the accompanied baggage of the passenger.

(b) All passengers of and above 10 years of age and returning after stay abroad of three days or less.

(i) Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii) Articles other than those mentioned in Annex. I upto a value of Rs. 15,000 if these are carried on the person or in the accompanied baggage of the passenger.

(c) All passengers up to 10 years of age and returning after stay abroad of more than three days.

(i) Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii) Articles other than those mentioned in Annex. I upto a value of Rs. 15,000 if these are carried on the person or in the accompanied baggage of the passenger.

(d) All passengers upto 10 years of age and returning after stay abroad of three days or less.

(i) Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii) Articles other than those mentioned in Annex. I upto a value of Rs. 3,000 if these are carried on the person or in the accompanied baggage of the passenger.

 

Explanation. - The free allowance under this rule shall not be allowed to be pooled with the free allowance of any other passenger.

                Annexure I

 

1.

Firearms.

2.

Cartridges of fire arms exceeding 50.

3.

Cigarettes exceeding 200 or cigars exceeding 50 or tobacco exceeding 250 gms.

4.

Alcoholic liquor or wines in excess of two litres.

5.

Gold or silver, in any form, other than ornaments.

6.

Flat Panel (LCD/LED/Plasma) Television.

Annexure IV

 

Amritsar:

1.

Amritsar Railway Station

2.

Attari Road

3.

Attari Railway Station

4.

Khalra

 

Baroda:

5.

Assara Naka

6.

Khavda Naka

7.

Lakhpat

8.

Santalpur Naka

9.

Suigam Naka

 

Delhi:

10.

Delhi Railway Station

 

Ferozpur District:

11.

Hussainiwala

 

Jodhpur Division:

12.

Barmer Railway Station

13.

Munabao Railway Station

 

Baramullah District:

14.

Adoosa

 

Poonch District:

15.

Chakan-da-bagh

 

Passengers returning from Nepal, Bhutan, Myanmar or China.

 An Indian resident or a foreigner residing in India, returning from Nepal, Bhutan, Myanmar or China, other than by land route, shall be allowed clearance free of duty articles in his bona fide baggage to the extent mentioned in column (2) of Appendix B.


                       APPENDIX B


  (1)

(2)

(i) Passengers of and above 10 years of age and returning after stay abroad of more than three days.

(i) Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii) Articles other than those mentioned in Annex. I upto a value of Rs. 6,000 if these are carried on the person or in the accompanied baggage of the passenger.

(ii) Passengers upto 10 years of age and returning after stay abroad of more than three days.

(i) Used personal effects, excluding jewellery, required for satisfying daily necessities of life.

(ii) Articles other than those mentioned in Annex. I upto a value of Rs. 1500 if these are carried on the person or in the accompanied baggage of the passenger.

 


Explanation. - The free allowance under this rule shall not be allowed to be pooled with the free allowance of any other passenger.

 

Professionals returning to India. - An Indian passenger who was engaged in his profession abroad shall on his return to India be allowed clearance free of duty, in addition to what he is allowed under rule 3 or, as the case may be, under rule 4, articles in his bona fide baggage to the extent mentioned in column (2) of Appendix C.

 

APPENDIX C
 

(1)

Articles allowed free of duty
(2)

(a) Indian passenger returning after at least 3 months.

(i) Used household articles upto an aggregate value of Rs. 12,000

(ii) Professional equipment upto a value of Rs. 20,000.

(b) Indian passenger returning after at least 6 months.

(i) Used household articles upto an aggregate value of Rs.12,000

(ii) Professional equipment upto a value of Rs. 40,000.

(c) Indian passenger returning after a stay of minimum 365 days during the preceding 2 years on termination of his work, and who has not availed this concession in the preceding three years.

(i) Used household articles and personal effects, (which have been in the possession and use abroad of the passenger or his family for at least six months), and which are not mentioned in Annex I, Annexure II or Annexure III upto an aggregate value of Rs.75,000.

(Item (c), in column(2), in entry (i), for the figures 30,000, the figures 75,000 has been substituted vide Notification No. 11/2002 - Customs (N.T.) dated March 1st, 2002)

 

 

 

                Annexure I


 

1.

Firearms.

2.

Cartridges of fire arms exceeding 50.

3.

Cigarettes exceeding 200 or cigars exceeding 50 or tobacco exceeding 250 gms.

4.

Alcoholic liquor or wines in excess of two litres.

5.

Gold or silver, in any form, other than ornaments.

6.

Flat Panel (LCD/LED/Plasma) Television.

 

                Annexure II

 

1.

Colour Television or Monochrome Television.

2.

Digital Video Disc Player.

3.

Video Home Theatre System.

4.

Dish Washer.

5.

Music System.

6.

Air-Conditioner.

7.

Domestic refrigerators of capacity above 300 litres or its equivalent.

8.

Deep Freezer.

9.

Microwave Oven.

10.

Video camera or the combination of any such video camera with one or more of the following goods, namely:-  

 

a)

Television Receiver;

 

b)

Sound recording or reproducing apparatus;

 

c)

Video reproducing apparatus.

11.

Word Processing Machine.

12.

Fax Machine.

13.

Portable Photocopying Machine.

14.

Vessel.

15.

Aircraft.

16.

Cinematographic films of 35 mm and above.

17.

Gold or Silver, in any form, other than ornaments.

 


                Annexure III
 

1.

Video Cassette Recorder or Video Cassette Player or Video Television Receiver or Video Cassette Disk Player.

2.

Washing Machine.

3.

Electrical or Liquefied Petroleum Gas Cooking Range

4.

Personal Computer( Desktop Computer)

5.

Laptop Computer( Notebook Computer)

6.

Domestic Refrigerators of capacity up to 300 litres or its equivalent.

 

 


Jewellery. - A passenger returning to India shall be allowed clearance free of duty jewellery in his bona fide baggage to the extent mentioned in column (2) of Appendix D.

 

APPENDIX D
 

 

 

(1)

Jewellery

(2)

Indian passenger who has been residing abroad for over one year.

(i) Jewellery upto an aggregate value of Rs. 50,000 by a gentleman passenger, or

(ii) Upto aggregate value of Rs. 1,00,000 by a lady passenger.

 

Tourists. - A tourist arriving in India shall be allowed clearance free of duty articles in his bona fide baggage to the extent mentioned in column (2) of Appendix E.

APPENDIX E


  (1)

Articles allowed free of duty
(2)

a) Tourists of Indian origin coming to India other than tourists of Indian origin coming by land routes as specified in Annexure IV;

(i) used personal effects and travel souvenirs, if -

(a) these goods are for personal use of the tourist, and 

(b) these goods, other than those consumed during the stay in India,are re-exported when the tourist leaves India for a foreign destination.

(ii) articles as allowed to be cleared under rule 3 or rule 4.

(b) Tourists of foreign origin, other than those of Pakistani origin coming from Pakistan, coming to India by air.

 (i) used personal effects

 

(ii) articles other than those mentioned in Annexure I upto a value of ` 8000 for personal use of the tourist or as gifts and  travel souvenirs if these are carried on the person or in the accompanied baggage of the passenger.

(c) Tourists – (i) of Pakistani origin coming from Pakistan other than by land routes;

(ii) of Pakistani origin or foreign tourists coming by land routes as specified in Annexure IV;

(iii) of Indian origin coming by land routes as specified in Annexure IV.

(i) used personal effects

 

(ii) articles other than those mentioned in Annexure I upto a value of ` 6000 for personal use of the tourist or as gifts and  travel souvenirs if these are carried on the person or in the accompanied baggage of the passenger.”

 

 


Transfer of residence. - (1) A person who is transferring his residence to India shall be allowed clearance free of duty, in addition to what he is allowed under rule 3 or, as the case may be, under rule 4, articles in his bona fide baggage to the extent mentioned in column (1) of Appendix F, subject to the conditions, if any, mentioned in the corresponding entry in column (2) of the said Appendix.

APPENDIX F


  Articles allowed free of duty

Conditions

Relaxation that may be considered

(a) Used personal and household articles, other than those listed at Annex. I or Annex. II, but including the article listed at Annexure III and jewellery upto fifty thousand rupees by a gentleman passenger or one lakh rupees by a lady passenger.

(1) Minimum stay of two years abroad, immediately preceding the date of his arrival on TR,

(2) total stay in India on short visit during the 2 preceding years should not exceed 6 months, and

(3) passenger has not availed this concession in the preceding three years.

(a) For condition (1) Shortfall of upto 2 months in stay abroad can be condoned by Assistant Commissioner of Customs or Deputy Commissioner of Customs if the early return is on account of :

(i) terminal leave or vacation being availed of by the passenger; or
(ii) any other special circumstances.

(b) For condition (2)

Commissioner of Customs may condone short visits in excess of 6 months in deserving cases.

(c) For condition (3)

No relaxation

(b) Jewellery taken out earlier by the passenger or by a member of his family from India.

Satisfaction of the Asstt. Commissioner of Customs regarding the jewellery having been taken out earlier from India.

--

 


             
(2) The conditions may be relaxed to the extent mentioned in column (3) of the said Appendix.


9.      Provisions regarding unaccompanied baggage. - (1) Provisions of these Rules are also extended to unaccompanied baggage except where they have been specifically excluded.


(2) The unaccompanied baggage had been in the possession abroad of the passenger and is dispatched within one month of his arrival in India or within such further period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow.


(3) The unaccompanied baggage may land in India upto 2 months before the arrival of the passenger or within such period, not exceeding one year, as the Assistant Commissioner of Customs or Deputy Commissioner of Customs may allow, for reasons to be recorded, if he is satisfied that the passenger was prevented from arriving in India within the period of two months due to circumstances beyond his control such as sudden illness of the passenger or a member of his family, or natural calamities or disturbed conditions or disruption of the transport or travel arrangements in the country or countries concerned or any other reasons, which necessitated a change in the travel schedule of the passenger.

 

10. (1)        Application of these Rules to members of the crew. - The provisions of these Rules shall apply in respect of members of the crew engaged in a foreign going vessel for importation of their baggage at the time of final pay off on termination of their engagement.


          Provided that except as specified in this sub-rule, a crew member of a vessel shall be allowed to bring items like chocolates, cheese ,cosmetics and other petty gift items for their personal or family use which shall not exceed the value of rupees one thousand five hundred.


(2) Notwithstanding anything contained in these rules a crew member of an aircraft shall be allowed to bring items gifts like chocolates, cheese, cosmetics and other petty gift items at the time of the returning of the aircraft from foreign journey for their personal or family use which shall not exceed the value of rupees one thousand five hundred.           

 

Export Certificate


If you intend taking out with you articles of high value such as a camera, laptop, notebook computer, video camera or jewellery, be sure to ask the Customs Officer, at the time of your departure, for an export certificate for such articles. He will examine the items and certify that they are being taken out of India by you.
 

 

If a passenger going abroad is taking any item (non-commercial, personal, private property) as baggage which is intended to be re-imported into India on a later date, to avoid paying Customs duty on that item during such re-importation, the passenger should ask the Customs at the departure terminal to issue an "Export Certificate" in respect of that particular item. The Customs officer will examine the item(s) and certify that the item(s) are being taken out of India by the passenger. The certificate will be valid for three years and must accompany the item, when brought back into India by the passenger or any member of his/her immediate family, in order to clear the item without paying any customs duty.

The "Export certificate" contains a declaration signed by the passenger, his/her name and address, the description/model number/serial number of the article, identification particulars, value and any other remarks made by the customs officer.

Any dutiable item, even if taken out from India, shall attract duty unless accompanied by a valid "Export Certificate" issued in the name of the passenger or in the name of any member of his/her family.

 
 

Goods taken out from India by a passenger while going abroad can be imported again into India free of duty provided the passenger had received an export certificate from the Customs in respect of that particular item while going abroad.


Keep this certificate safe with you and when you return to India, show the Certificate to the Customs Officer who will then be able to pass these free of duty. The advantage of having the Export Certificate is that the concessions you are entitled to, when you return, are not affected.

Please take special care to obtain an Export Certificate in respect of jewellery that you intend to take out to avoid any problem on your return.
 

Can goods be kept in the temporary custody of Customs?

 

Yes. Goods can be kept in the safe custody of Customs against a Detention Receipt.

 

Examples of some situations when goods may be kept in the custody of Customs :

 

1.   Passenger does not have sufficient money to pay duty and/or other dues on the goods at that moment.

2.   Passenger does not have sufficient foreign currency to pay duty on items on which duty is payable in convertible foreign exchange.

3.   Passenger does not want to take the item along with him into India but intends to return with the goods when leaving India.

4.   Passenger disputes the valuation/duty determined by Customs and intends to appeal against the decision to higher authorities.

5.   The goods are prohibited goods and the passenger has declared the items to Customs authorities. However, not all prohibited items can be kept in the safe custody in this manner. Items like Narcotic Drugs, explosives etc. are liable to seizure/confiscation.

If, for any reason the passenger is not able to collect the article at the time of leaving India, the article may be returned to him/her through any other passenger authorised by him/her and leaving India or as cargo consigned in his/her name. Similarly, dutiable goods which passengers desire to clear subsequently, may also be detained temporarily for clearance on payment of duty and/or fine and other dues. Unclaimed packages found in the Baggage Hall and handed over by airlines will similarly be received by the officer in charge of detained baggages for safe custody.

Procedure : Before detention of the Baggage concerned, the same is examined and inventorised. The officer concerned shall issue Detention Receipts (DR) for all goods detained by the Customs, in which the particulars of the goods as well as the name and address of the owner/importer is recorded. The DR is handed over to the owner which has to be produced by him/her when releasing the goods. In case the DR is lost, the goods can be got released against an indemnity bond. The detained package is sealed with Customs seal in the presence of the passenger and his signature is obtained as an evidence. The record of such detained packages are maintained in a separate register and the detained packages are kept in the custody of the Customs department.

Subsequently, when the passenger claims the packages, either for re-export or clearance on payment of duty and/or other dues, he/she has to produce the detention receipt and his/her passport and the goods are shown to the passenger to verify whether the seals are intact and his/her signature is obtained in confirmation of the same. Thereafter, the goods are released to the passenger, either for re-export or release and the necessary entries are made in the register regarding release of the package. If delivery is sought through an agent, a proper authorisation letter containing attested signatures of the authorised agent is needed. An advance notice of 24 hrs. (excluding Sundays) is required for clearance / delivery of valuables like gold jewellery, precious stones etc. No request for subsequent re-assessment of value of the detained baggage is usually entertained.

If the goods are not taken delivery within the period mentioned on the DR, the Customs authorities may initiate action to dispose of the goods as per norms.

 

Disclaimer - This Customs Baggage guide has been compiled with the help of information available on official website of  Indian Customs Department, Reserve Bank of India, and other reliable website  sources. I have taken adequate care to provide current and authentic information. This  Guide is intended to serve as a ready reference book to   guide NRIs  and International Passengers on various matters related to Customs Baggage Rules  while travelling to India.. This does not purport to be a legal document. So I am not sure that, any errors occurred while compiling this reference guide. In case of any variation between what has been stated in this  Guide and the relevant Act, Rules, Regulations, Policy Statements, Government Orders/Circulars etc., the latter shall prevail. Kindly note that, customs Baggage rules are  subject to change. Errors and omissions are expected.   

This free e-book is circulated  with the understanding that, neither the author nor the publisher will be responsible for any action taken on the basis of contents of this book whether directly or indirectly for any error or omission to any person whether a user of this e-book or not. The persons willing to accept this disclaimer only required to read this e-book.

Your suggestions, comments, criticism may send to   Prakash@yourownadviser.com    

 

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