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No, not a defect, just basic physics. Almost everything that is intended for off-road use gets a foam filter, and pleated paper for on-road designs. The exceptions arise with stuff like a Chinese pitbike, where they're built to be as cheap as possible, sometimes using whatever's on the shelf, or sometimes being built to a price point that is as cheap as possible, with a paper filter on the shelf is cheaper than a foam filter they have to order.
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