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It seems odd that a new A/C still at the factory when this AD came out would not have the MOD done before delivery.
The AD was entered into the Federal Register on September 12, 2006 with a compliance date of October 17, 2006, the accident happened on September 29 (?).
The airplane was already built and unless the new owner was aware that there was an AD prior to the delivery of the aircraft, why should the manufacture spend the money to comply with AD? To do so, would cut into the profits.