13th Advanced Forum on Import Compliance & Enforcement

November 20 – 21, 2024 • The National Union Building, Washington, D.C.

2024 CO-CHAIRS

Carol M. Anderson

Senior Corporate Counsel, Global Trade Microsoft

Amy Magnus Director Customs Affairs and Compliance

A.N. Deringer Trade Ambassador for CBP's Trade Support Network

John Williamson Managing Director, Legal FedEx Logistics

BENCHMARK WITH LEADERS FROM:

A.N. Deringer

Logistics

Solar Technology

KEYNOTE INTERVIEW: Felicia Pullam Executive Director Office of Trade Relations

U.S. Customs and Border Protection (CBP)

INSIGHTS FROM THE FDA:

S. Max Brewster

Import Compliance Officer

U.S. Food & Drug Administration (FDA)

National Foreign Trade Council Northrop Grumman The Walt Disney Company Trade Force Multiplier LLC

U.S. Customs and Border Protection (CBP)

U.S. Food and Drug Administration (FDA) Volvo Group

The revamped 2024 agenda focuses on the “weeds” of navigating the most complex compliance challenges at the forefront! Don’t Miss Forward-Looking, Practical Discussions, including:

CHEVRON-RIGHT Post-Election Compliance and Policy Outlook: Preparing for What’s Ahead

CHEVRON-RIGHT Strengthening UFLPA Compliance Efforts: What It Takes to Rebut the Presumption of Forced Labor

CHEVRON-RIGHT Supply Chain Toolkit: How Importers are Leveraging AI to Strengthen Supply Chain Traceability and Visibility CHEVRON-RIGHT China and the Expansion of Section 301 Tariffs: Preparing for the Enforcement Aftermath CHEVRON-RIGHT The Nuances of Section 321 de minimis Provision: Best Practices for Complying with Type 86 Entry, and Considerations for E-Commerce Supporting Sponsor Associate Sponsors

COMPLIMENTARY WEBINAR

Thursday, Sept. 12, 2024 | 1:00 – 2:00 pm EDT

Strengthening UFLPA Compliance through Effective Supply Chain Mapping, Traceability and Visibility: Top 5 Due Diligence and Risk-Management Pointers

Gain key updates and takeaways for mitigating the risk of UFLPA violations through effective supply chain mapping, traceability, and visibility, including:

• Lessons from recent enforcement trends and real-world dilemmas

• Mapping out your supply chain to include sub-suppliers and more

• Establishing stringent vetting processes for suppliers

• Monitoring third party compliance and identifying possible issues

• Resolving issues through a corrective action plan

Kelly Herman

Corporate Counsel, Import Export Northrop Grumman

Richard Mojica Member Miller & Chevalier Chartered

EARN CLE CREDITS

CONTINUING LEGAL EDUCATION CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.AmericanConference.com/Accreditation/CLE/

AGENDA-AT-A GLANCE

PRE-CONFERENCE WORKSHOPS – Tuesday, November 19, 2024

A 9:00 am – 12:30 pm (Registration opens at 8:30 am)

The Ins and Outs of CBP’s UFLPA Compliance, Due Diligence and Documentation Requirements: A Thorough, Step-by-Step Review and Analysis of Grey Areas

MAIN CONFERENCE DAY 1

Wednesday, November 20, 2024

8:00 am Networking Breakfast and Registration

9:00 am Opening Remarks from the Co-Chairs

9:10 am CBP KEYNOTE INTERVIEW:

Felicia Pullam, Executive Director, Office of Trade Relationss, U.S. Customs and Border Protection (CBP)

9:45 am Post-Election Compliance and Policy Outlook: Impacts on Global Trade and Supply Chains

10:45 am Extended Networking Break

11:15 am UFLPA COMPLIANCE IN PRACTICE

Intensifying Measures to Tackle Uyghur Forced Labor: What It Takes to Rebut the Presumption of Forced Labor—Recent, Concrete Examples and Lessons Learned in UFLPA Compliance and Enforcement

12:15 pm Networking Luncheon

1:30 pm China and the Expansion of Section 301 Tariffs: Navigating the Complexities of Expanded Tariffs and Preparing for Increased Enforcement—Implications for the EV Sector and Other Industries

2:30 pm Extended Networking Break

3:00 pm The Nuances of Section 321 de minimis Provision: Best Practices for Complying with Type 86 Entry, and Considerations for E-Commerce

4:00 pm GEOPOLITICAL RISK, PART 1

Mitigating Risks Associated with Geopolitical Tensions, Trade Disputes, and Political Instability Impacting Global Trade Flows

5:00 pm Day 1 Closing Remarks and Adjourns to Day 2 Networking Cocktail Reception

B 1:30 – 5:00 pm (Registration opens at 1:00 pm)

Your Updated Blueprint for Navigating the Most Complex Classification, Valuation and Country of Origin Challenges: Deep Dive into Substantial Transformation, Determining Origin and More

MAIN CONFERENCE DAY 2 Thursday, November 21, 2024

8:00 am Networking Breakfast and Registration

9:00 am Opening Remarks from the Co-Chairs

9:10 am Integrating Multijurisdictional Forced Labor Regulations into Your Import Compliance Framework: Assessing and Combatting Risks throughout Your Supply Chain, Including Section 307

10:00 am Networking Break

10:15 am GEOPOLITICAL RISK, PART 2

The Realities of Addressing Supply Chain Disruptions: Best Practices for Strengthening Supply Chain Resiliency

11:15 am Supply Chain Toolkit: Practical Applications of AI and Advanced Technologies in Supply Chain Traceability and Visibility to Prepare for Enforcement Actions

12:00 pm Networking Luncheon

1:15 pm ENFORCE AND PROTECT ACT (EAPA) ENFORCEMENT

AD/CVD, Penalties, and “Reasonable Suspicion:” Key Takeaways on Intensifying EAPA Enforcement

2:00 pm The Surge in US-Mexico Trade and Nearshoring: Navigating the Regulatory Challenges and Tariff Implications

2:45 pm Networking Break

3:00 pm Guide to PGA Importing Regulations: Ensuring Compliance with Partner Government Agencies (PGA) Requirements to Avoid Entry Refusal or Penalties

3:45 pm Enhancing Trade Security: Updates to CBP's Global Business Identifier Test

4:30 pm Closing Remarks from the Co-Chairs and Conference Ends

2024 SPEAKER FACULTY

GOVERNMENT SPEAKERS

KEYNOTE INTERVIEW WITH CBP: Felicia Pullam

Executive Director Office of Trade Relations

U.S. Customs and Border Protection (CBP)

S. Max Brewster Import Compliance Officer

U.S. Food and Drug Administration (FDA)

Christopher Mabelitini Director, Intellectual Property Rights & E-Commerce Division Trade Policy and Programs, Office of Trade

U.S. Customs and Border Protection

Brodie M. Mack, Jr. Chief, Import and Certification Division, NEF-230, Office of Vehicle Safety Compliance

National Highway Traffic Safety Administration

2024 CO-CHAIRS

Carol M. Anderson

Senior Corporate Counsel, Global Trade Microsoft

Amy Magnus Director Customs Affairs and Compliance

A.N. Deringer Trade Ambassador for CBP's Trade Support Network

John Williamson Managing Director, Legal FedEx Logistics

INDUSTRY SPEAKERS AND THOUGHT LEADERS

Cindy Allen CEO and Managing Director Trade Force Multiplier LLC

Bryce Bittner Managing Counsel McKinsey & Company

Jean-Rene Broussard Associate General Counsel, US Regulatory DHL

Jay C. Campbell Partner White & Case LLP

Danielle Carter VP, Global Trade & SER Hewlett Packard Enterprises

Zachary Coffelt Associate General Counsel, Global Trade Compliance Meta

Carla Ackley Cravalho Director of Global Trade Compliance Cepheid

Phillip Duplisey Director, Supply Chain Intelligence mesur.io

Aaron Gothelf Assistant General Counsel, Global Trade The Walt Disney Company

Tom Gould Principal Tom Gould Customs Consulting

Kelly Herman Corporate Counsel, Import Export Northrop Grumman

Liz Johnson Senior Analyst Sayari

Peter Martin Managing Lead Counsel, International Trade Compliance McKesson

Doug Nystrom Associate Director, North America Impactt

Michael Pantschyschak Director, Global Trade Licensing L3Harris Technologies

John Pickel Senior Director, International Supply Chain Policy National Foreign Trade Council (NFTC)

Alicia Romo America’s Customs Manager, People Leader Cisco

Marianne Rowden CEO

E-Merchants Trade Council, Inc. (EMTC) Former President & CEO, AAEI

Rafael Saakyan Director, Trade Compliance ITT Inc.

Todd Smith Founder & CEO KYG Trade

Luke Tillman Head of Global Trade Affairs and Compliance LONGi Solar Technology

Jennifer Varney Global Trade Compliance Manager

Volvo Group

Ethan Woolley Director

Kharon

LAW FIRM SPEAKERS

Roop K. Bhatti Partner

Cassidy Levy Kent (USA) LLP

Former Counsel to Commissioner Jason E. Kearns, U.S. International Trade Commission

Ted Murphy Partner

Sidley Austin LLP

Hon. Nazak Nikakhtar Partner

Wiley Rein LLP

Jeremy Page Partner

Page-Fura, P.C.

Beth Ring

Senior Member Sandler, Travis & Rosenberg, P.A

Robert A. Shapiro Partner

Thompson Coburn LLP

Neena Shenai

Partner, International Trade, Investment and Market Access Practice Group WilmerHale

Daniel Cannistra Partner Crowell & Moring LLP

Nicholai Diamond Counsel

Akin Gump Strauss Hauer & Feld LLP

Eric Emerson Partner Steptoe LLP

Gregory Husisian Partner and Chair, International Trade and National Security Practice Foley & Lardner LLP

Jessica Lynd White & Case LLP

Former Trade Counsel, Committee on Ways and Means, U.S. House of Representatives

David Spooner Partner

Barnes & Thornburg LLP

Former Assistant

Secretary for Import Administration, U.S. Department of Commerce

Christopher Timura Partner

Gibson, Dunn & Crutcher LLP

Patrick Togni Partner

King & Spalding

APRE-CONFERENCE WORKSHOPS

Tuesday, November 19, 2024

9:00 am – 12:30 pm (Registration Opens at 8:30 am)

The Ins and Outs of CBP’s UFLPA Compliance, Due Diligence and Documentation Requirements: A Thorough, Step-by-Step Review and Analysis of Grey Areas

Through in-depth discussion and hypothetical scenario planning, this workshop will give attendees an invaluable, smaller-group benchmarking opportunity as we navigate UFLPA enforcement trends. Discover how your UFLPA due diligence and compliance program compares to other organizations and bring your questions!

Topics include:

• Conducting thorough mapping of the entire supply chain to identify and trace suppliers, particularly those sourcing from the XUAR region

• Implementing rigorous third-party audits of suppliers

• Educating and training supply chain and procurement teams on identifying and mitigating risks related to forced labor, with a particular focus on the XUAR regionEstablishing robust reporting mechanisms for any suspected instances of forced labor

• Leveraging cutting-edge technologies to enhance transparency and traceability in the supply chain, ensuring real-time monitoring and verification of supplier practices

• Conducting risk assessments specifically targeting forced labor risks in the XUAR region

• Adjusting due diligence processes to address any identified vulnerabilities

• Establishing and promoting accessible grievance mechanisms for workers within the supply chain to report violations anonymously and safely, ensuring prompt investigation and remediation of any forced labor allegations

1:30 – 5:00 pm (Registration opens at 1:00 pm)

BEric Emerson Partner

Steptoe LLP

Doug Nystrom

Associate Director, North America Impactt

Christopher Timura Partner

Gibson, Dunn & Crutcher LLP

Your Updated Blueprint for Navigating the Most Complex Classification, Valuation and Country of Origin Challenges: A Deep Dive into Substantial Transformation, Determining Origin and More

During this in-depth workshop, we will dive into the weeds of classification, valuation, and origin determinations with a view to providing an updated compliance roadmap to take back to your desk. Discussion points include:

• Applying the appropriate rules of origin based on substantial transformation or trade agreements like USMCA or EU Free Trade Agreements, especially for goods with components from various countries

• Ensuring compliance with country-specific labeling and marking requirements to avoid penalties and facilitate smooth customs clearance

• Understanding the criteria for substantial transformation, including how a product's name, character, or use must change during the manufacturing process

• Addressing the complexities involved in processes where multiple components and steps are involved, making the determination of substantial transformation more challenging

• Examining the complexities involved in determining the transaction value for customs purposes, including issues related to transfer pricing, additions to the price, and potential adjustments by customs authorities

• Navigating the ambiguities in HTS classification, especially for products that can fit multiple descriptions, and understanding the impact of proper classification on duty rates and compliance

Bryce Bittner Managing Counsel

McKinsey & Company

Jean-Rene Broussard

Associate General Counsel, US Regulatory DHL

Nicholai Diamond Counsel

Akin Gump Strauss Hauer & Feld LLP

• Ensuring that transfer pricing for related-party transactions aligns with arm’s length standards to satisfy customs authorities and avoid disputes

• Implementing best practices such as maintaining comprehensive documentation, seeking advance rulings, providing regular training, consulting with experts, and utilizing automated systems to ensure compliance and mitigate risks

MAIN CONFERENCE DAY 1

MODERATOR:

11:15 am UFLPA COMPLIANCE IN PRACTICE

Intensifying Measures to Tackle Uyghur Forced Labor: What It Takes to Rebut the Presumption of Forced Labor—Recent, Concrete Examples and Lessons Learned in UFLPA Compliance and Enforcement

Efforts to combat Uyghur forced labor are being intensified through robust enforcement, supply chain transparency requirements, and enhanced international collaboration. This session will take stock of this evolving landscape and key challenges, including:

• Conducting rigorous risk assessments specific to Xinjiang, identifying suppliers and regions at high risk of forced labor, and implementing targeted mitigation strategies

• Establishing and enforcing a robust supplier code of conduct that prohibits forced labor and ensures compliance through audits and certifications

• Implementing traceability systems that enable tracking of supply chains from raw materials to finished products, providing transparency and accountability

• Engaging in collaborative efforts with industry peers, NGOs, and regulatory bodies to share best practices, leverage collective insights, and advocate for ethical standards in supply chain management

• Educating stakeholders to recognize indicators of forced labor, emphasizing continuous monitoring

12:15 pm Networking Luncheon

1:30 pm China and the Expansion of Section 301 Tariffs:

The expansion of Section 301 tariffs on Chinese goods introduces new complexities. This has significant implications for multiple industries, necessitating strategic adjustments to supply chains and cost management practices. During this panel, we will explore:

• Optimizing operational efficiency across diverse sectors engaged in cross-border commerce between the US and Mexico

• Navigating the grey areas of USMCA rules of origin and other provisions

• Assessing tariffs under USMCA or other agreements, and evaluating the implications for different sectors such as automotive, agriculture, and manufacturing

• Efficiently managing customs clearance processes to avoid delays and ensure compliance with documentation requirements

• Exploring opportunities for supply chain restructuring or nearshoring to mitigate tariff risks and enhance operational resiliency

Danielle Carter VP, Global Trade & SER

Hewlett Packard

Enterprises

John Pickel Senior Director, International Supply Chain Policy

National Foreign Trade Council (NFTC)

Ethan Woolley Director

Kharon

MODERATOR: Gregory Husisian Partner and Chair, International Trade and National Security Practice Foley & Lardner LLP

Zachary Coffelt

Associate General Counsel, Global Trade Compliance

RISK, PART 1

Mitigating Risks Associated with Geopolitical Tensions, Trade Disputes, and Political Instability Impacting Global Trade Flows

During this panel, we will explore:

• Reducing dependency on any single market or supplier by expanding into multiple regions and establishing a more resilient supply chain network

• Implementing comprehensive risk management frameworks that include geopolitical risk assessments and contingency planning to address potential disruptions

• Engaging in active dialogue with government officials and trade organizations

• Developing flexible logistics strategies that can quickly adapt to changing political landscapes and ensure continuity of operations despite geopolitical shifts

Aaron Gothelf Assistant General Counsel, Global Trade The Walt Disney Company

Ted Murphy Partner Sidley Austin LLP

David Spooner Partner

Barnes & Thornburg LLP

Former Assistant Secretary for Import Administration, U.S. Department of Commerce

5:00 pm Day 1 Closing Remarks and Networking Cocktail Reception

MODERATOR: Michael Pantschyschak

Director, Global Trade Licensing

L3Harris Technologies

MAIN CONFERENCE DAY 1 Wednesday, November 20, 2024

MAIN CONFERENCE DAY 2

Thursday, November 21, 2024

8:00 am Networking Breakfast and Registration

9:00 am Co-Chairs’ Day 2 Remarks

Carol M. Anderson Senior Corporate Counsel, Global Trade Microsoft

Amy Magnus Director Customs Affairs and Compliance

A.N. Deringer

Trade Ambassador for CBP’s Trade Support Network

John Williamson Managing Director, Legal FedEx Logistics

9:10 am Integrating Multijurisdictional Forced Labor Regulations into Your Import Compliance Framework: Assessing and Combatting Risks throughout Your Supply Chain, Including Section 307

Integrating multijurisdictional forced labor regulations into your import compliance framework requires a systematic approach. This begins with a comprehensive interpretation and application of forced labor laws in different jurisdictions to determine a path to integrating and reconciling varying requirements. During this panel discission, we will explore:

• Contrasting U.S. vs. EU and Canadian forced labor regulations

• How to dovetail multijurisdictional requirements into a cohesive program

• Identifying high-risk areas and suppliers susceptible to forced labor practices through targeted due diligence measures

• Implementing robust procedures, including due diligence, audits and supplier assessments

• Establishing clear internal policies and ongoing training for employees and suppliers

• Setting out clear targets, timelines, and performance metrics to track the effectiveness of your program

10:00 am Networking Break

Media Partner

Jessica Lynd White & Case LLP

Luke Tillman Head of Global Trade Affairs and Compliance

LONGi Solar Technology

Patrick Togni Partner

King & Spalding

10:15

GEOPOLITICAL RISK, PART 2

The Realities of Addressing Supply Chain Disruptions: Best Practices for Strengthening Supply Chain Resiliency

Supply chain disruptions are an inevitable challenge, requiring proactive strategies to enhance resiliency and mitigate risks effectively. This highly anticipated session will discuss the latest best practices for dealing with disruptions and enhancing supply chain resiliency:

• Establishing relationships with multiple suppliers across different locations to reduce the impact of localized disruptions

• Implementing real-time tracking systems and advanced analytics to monitor inventory levels, shipment status, and potential bottlenecks

• Identifying critical risks, outlining response strategies, and regularly updating your plans in response to changing circumstances

• Fostering strong relationships with suppliers through regular communication and collaboration; and working closely with them to understand their challenges

11:15 am

Carla Ackley Cravalho Director of Global Trade Compliance Cepheid

Alicia Romo America’s Customs Manager, People Leader

Cisco

John Williamson Managing Director, Legal

FedEx Logistics

MODERATOR: Carol M. Anderson

Senior Corporate Counsel, Global Trade Microsoft

Supply Chain Toolkit: Practical Applications of AI and Advanced Technologies in Supply Chain Traceability and Visibility to Prepare for Enforcement Actions

This panel will provide practical insights and real-life examples of how generative AI can be used for:

• SKU/BOM-level Tier N supplier mapping

• Identifying and soliciting missing documentation needed to rebut the presumption for UFLPA detentions

• Generating comprehensive draft responses to detention notices

• SKU/BOM-level internal audits and pre-emptive reviews assessing forced labor compliance risk

• Assisting with SKU/BOM-level Free Trade Agreement qualification either prior to or on a post entry review basis

• Research and assistance with SKU/BOM-level China 301 origin determinations

12:00 pm Networking Luncheon

1:15 pm

Todd Smith Founder & CEO

ENFORCE AND PROTECT ACT (EAPA) ENFORCEMENT AD/CVD and “Reasonable Suspicion:” Key Takeaways on Intensifying EAPA Enforcement

Navigating AD/CVD (Antidumping and Countervailing Duty) regulations requires importers to mitigate CBP enforcement risks by ensuring strict compliance to avoid penalties, including fines and additional duties. Proactive measures, such as thorough due diligence in supply chain verification and accurate documentation, are essential to address “reasonable suspicion” concerns and maintain smooth import operations. Key discussion points include:

• Clarifying the current landscape of AD/CVD regulations

• What is (and isn’t) a “reasonable suspicion”

• Assessing the risk of retroactive duties

• Trends in penalties and duty rates - and their broader implications

• Satisfying CBP expectations for completing their questionnaire

• How CBP is investigating suspected evasion

• Conducting thorough supply chain verification to ensure accurate reporting and documentation

• Implementing proactive compliance measures to address “reasonable suspicion” concerns

• Ensuring accurate and detailed documentation to support compliance efforts

C. Campbell

Daniel Cannistra

Crowell & Moring LLP

MODERATOR: Beth Ring

Senior Member Sandler, Travis & Rosenberg, P.A

Phillip Duplisey Director, Supply Chain Intelligence mesur.io

2:00

The Surge in US-Mexico Trade and Nearshoring: Navigating the Regulatory Challenges and Tariff Implications

During this panel, we will discuss:

• Implementing complex customs procedures and industry standards governing US-Mexico trade

• Proactively engaging with customs authorities to streamline cross-border operations

• Aligning your compliance strategy with trade agreements to optimize benefits

• Understanding and managing the impact of tariff policies on cost structures and profitability

• Implementing strategic planning to enhance risk management, supply chain efficiency and financial risk mitigation

2:45

Networking Break

3:00

Rafael Saakyan Director, Trade Compliance ITT Inc.

Robert A. Shapiro Partner

Thompson Coburn LLP

MODERATOR: Roop K. Bhatti Partner

Cassidy Levy Kent (USA) LLP

Former Counsel to Commissioner

Jason E. Kearns, U.S. International Trade Commission

Guide to PGA Importing Regulations: Ensuring Compliance with Partner Government Agencies (PGA) Requirements to Avoid Entry Refusal and Penalties

Compliance with Partner Government Agencies (PGAs) like the FDA, EPA, and USDA is essential to avoid entry refusal or penalties for imported goods. Importers must adhere to specific regulations, including proper labeling, certification, and testing. Non-compliance can lead to delays, fines, or entry refusal. During this panel, we will explore:

• Adhering to detailed PGA requirements, including precise labeling, certification, and testing standards to meet FDA, EPA, and USDA guidelines

• Implementing robust compliance measures to avoid costly delays, substantial fines, or outright entry refusal for non-compliant imports

• Staying continuously updated on evolving PGA regulations and requirements to ensure ongoing compliance

• Maintaining thorough and accurate records, including import documentation and compliance certifications

S. Max Brewster Import Compliance Officer

U.S. Food and Drug Administration (FDA)

Brodie M. Mack, Jr. Chief, Import and Certification Division, NEF-230, Office of Vehicle Safety Compliance

National Highway Traffic Safety Administration

3:45 pm Enhancing Trade Security: Updates to CBP’s Global Business Identifier (GBI) Test

U.S. Customs and Border Protection (CBP) has been working on updates to its Global Business Identifier (GBI) test to enhance trade security and streamline international trade processes. The GBI test aims to modernize and improve the identification of businesses involved in cross-border trade. Topics will include:

• Purpose of the GBI test, including enhanced identification and improved compliance with trade regulations

• Key components of the GBI, including entity identification numbers, legal entity identifier, Global Location Number (GBN), and the Data Universal Numbering System

• Benefits of the GBI System, including streamlined processes, risk management, and global harmonization

• Best practices for implementation and testing, including pilot programs, feedback, and necessary adjustments

• Future outlook for the expansion of the GBI system, including new types of identifiers and the inclusion of most participants

4:30 pm Closing Remarks from the Co-Chairs and Conference Ends

Kelly Herman

Corporate Counsel, Import Export Northrop Grumman

Amy Magnus Director Customs Affairs and Compliance

A.N. Deringer

Trade Ambassador for CBP’s Trade Support Network

Upcoming Events

October 29 – 30, 2024

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November 6 – 7, 2024

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December 4 – 5, 2024

New York, NY

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