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The parties have stipulated that we may treat Puerto Ricos appeal as being from a final adjudication of the invalidity of Articles 5B, 5D and 19A. We have jurisdiction under 28 U. S. C. The district court concluded that Articles 5B and 19A facially discriminate against interstate commerce by banning the importation of a class of tires that may be legally sold and used in Puerto Rico. In reaching that conclusion it rejected the Secretarys argument that Law 171 is non discriminatory because the 3/32 requirement applies equally to importers and sellers of used tires. The argument was premised on the first sentence of Article 19A which states:The court rejected this interpretation of the statute as implausible on the strength of the second sentence of Article 19A which states:This provision shall apply to those who fail to comply but have not had their bond executed, according to what is pointed out in Article 5D . It read that provision as making the penalty applicable only to those who have filed bonds, i. e. , importers of used tires. We agree with the district courts interpretation.

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