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02/06/98 1:44 PM 1 (B) in the case of smokeless tobacco products, the average, 2 weighted by relative population of the following age groups in 1995 3 as determined by the Bureau of the Census, of the percentage of 4 individuals in grade 12 (ages 16 and 17), individuals in grade 10 5 (ages 14 and 15), and individuals in grade 8 (age 13) who used 6 smokeless tobacco products on a daily basis in 1996. 7 The percentages specified in this subparagraph are those measured by the 8 University of Michigan Survey or by such comparable index using identical 9 methodology as is chosen by the Secretary after notice and the opportunity 10 for comment in accordance with section 553 of title 5, United States Code. 11 (4) The term "cigarette manufacturers" means manufacturers of 12 cigarettes sold in the United States. 13 (5) The term "inflation" refers to [Fill in/same as elsewhere in Act?]. 14 (6) The term'non-attainment percentage for cigarettes" means the 15 number of percentage points yielded by - 16 (A) in a year in which the percent incidence of underage use of 17 cigarettes is less than the base incidence percentage, subtracting - 18 (i) the percentage by which the percent incidence of 19 underage use of cigarettes in that year is less than the base 20 incidence percentage, from 54093 65