alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2013 D e c i sion s O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit
10-31-2013 

# U S A v . D e r ek M e r ch a n t
P r e c e de n t i al or N on-P r e c e de n t i al : N on-P r e c e de n t i al D ock e t N o . 13-2104

F o l lo w thi s a nd a dd it ion al w ork s a t : h tt p://d i g it alc ommon s .l a w . v i l l a no v a . e du/thir dc ir c uit_2013

Thi s de c i sion i s br ou gh t t o y ou for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit a t V i l l a no v a U niv e r sit y S choo l of L a

w Di g it al R e posit or y

. I t h as be e n a c c e pt e d for inclusion in 2013 D e c i sion s b y a n a uthor i z e d a dmini s tr a t or of V i l l a no v a U niv e r sit y S choo l of L a

w Di g it al R e posit or y

. F or mor e infor m a t ion, p le as e c on t a ct Be n j a min . C a rl s on@l a

w . v i l l a no v a . e du
. R e c omme nde d C it a t ion

" U SA v . D e r e k M e r ch a n t " (2013). 2013 D e cisio n s . P a pe r 15. h tt p://d i g it alc ommon s .l a

w . v i l l a no v a . e du/thir dc ir c uit_2013/15

### UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

__________ No. 13

- 2104

__________ UNITED STATES OF AMERICA

v. DEREK MERCHANT,

Appellant

__________ On Appeal from the United States District Court for the Middle District of Pennsyl vania (D.C. Crim. No. 1

- 07

- cr - 00419

- 001) District Judge: Honorable William W. Caldwell

__________ Submitted under Third Circuit LAR 34.1(a)

October 28, 2013 Before: FISHER, JORDAN and ALDISERT, Circuit Judges
.

__________ JUDGMENT ORDER

__________ PER CURIAM It appearing that Appellant argues that the Fair Sentencing Act of 2010 , Pub. L. No. 111

- 220, 124 Stat. 2372 (2010) (“FSA”) , applies fully and retroactively to defendants

### 2

who , like him, w ere sent enced before its effective date; i t further appearing that the FSA for cocaine base offenses became effective subsequent to the sentencing of Appel lant for distribution and possession with intent to distribute more than 50 grams of cocaine; i t furt her appearing that the mandatory minimum sentence requirements of the FSA do not apply to Appellant, see United States v. Reevey , 631 F.3d 110, 111 (3d Cir. 2010); and it further appearing that the order denying Appellant’s Motion to Reduce Sentence under 18 U.S.C. § 3582(c)(2) was not in err or ; on consideration whereof, it is now hereby ADJUDGED and ORDERED that the judgment of the District Court for the Middle District of Pennsylvania as entered April 3, 2013 at D.C. Crim. No. 1

- 07

- cr - 00419

- 001 be and is hereby AFFIRMED
. Cost s shall not be taxed in this matter.

Attest: /s/ Marcia M. Waldron Clerk DATED: October 31, 2013
No. 53845.

#### Levin Bros. et al. *v.*United States,

protests 26102-K, etc. (New York).

Opinion by

Lawrence, J.

By virtue of the decision in *T. M. Duche & Sons, Inc.*v. *United States*(36 C. C. P. A. 19, C. A. D. 391), the protests were dismissed.
# Official Journal L 260/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.260.eng |
| --- | --- |
| Official Journal
  of the European Union | L 260 |
| | |
| English edition | Legislation | Volume 562 October 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.260.eng

Official Journal

of the European Union

L 260

English edition

Legislation

Volume 562 October 2013

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) No 940/2013 of 1 October 2013 establishing a prohibition of fishing for mackerel in areas VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal | 1 |
| | | Commission Implementing Regulation (EU) No 941/2013 of 1 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables | 3 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) No 940/2013 of 1 October 2013 establishing a prohibition of fishing for mackerel in areas VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal

1

Commission Implementing Regulation (EU) No 941/2013 of 1 October 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<PAGE>
                                                                    EXHIBIT 32.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report of PharmChem, Inc. (the
"Company") on Form 10-Q for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Joseph
W. Halligan, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

         (1)      The Report fully complies with the requirements of Section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

         (2)      The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.

Dated:  August 11, 2003


                                                 /s/ Joseph W. Halligan
                                                 -------------------------------
                                                 Joseph W. Halligan
                                                 President and Chief Executive
                                                 Officer
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Proposed Rules 70919 

Dated: October 6, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–22613 Filed 10–12–23; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. FDA–2003–F–0321] 

Kerry Inc.; Filing of Food Additive 

Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of petition. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

announcing that we have filed a 

petition, submitted by Kerry, Inc., 

proposing that the food additive 

regulations be amended to provide for 

the safe use of sodium alginate as a 

stabilizer and thickener in plant protein 

products at a level not to exceed 3 

percent. 

DATES: The food additive petition was 

filed on August 9, 2023. 

ADDRESSES: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and insert the 

docket number found in brackets in the 

heading of this document into the 

‘‘Search’’ box and follow the prompts, 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Kampmeyer, Center for 

Food Safety and Applied Nutrition, 

Food and Drug Administration, 5001 

Campus Dr., College Park, MD 20740, 

240–402–1255. 

SUPPLEMENTARY INFORMATION: Under 

section 409(b)(5) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 

348(b)(5)), we are giving notice that we 

have filed a food additive petition (FAP 

3A4836), submitted on behalf of Kerry 

Inc., by ToxStrategies, LLC, 739 

Thornapple Dr., Naperville, IL 60540. 

The petition proposes to amend the food 

additive regulations in part 172 (21 CFR 

part 172) ‘‘Food Additives Permitted for 

Direct Addition to Food for Human 

Consumption’’ to provide for the safe 

use of sodium alginate as a stabilizer 

and thickener in plant protein products 

(as defined in 21 CFR 170.3(n)(33)) at a 

level not to exceed 3 percent. 

The petitioner has claimed that this 

action is categorically excluded under 

21 CFR 25.32(k) because the substance 

is intended to remain in food through 

ingestion by consumers and that is not 

intended to replace macronutrients in 

food. In addition, the petitioner has 

stated that, to their knowledge, no 

extraordinary circumstances exist. If 

FDA determines a categorical exclusion 

applies, neither an environmental 

assessment nor an environmental 

impact statement is required. If FDA 

determines a categorical exclusion does 

not apply, we will request an 

environmental assessment and make it 

available for public inspection. 

Dated: October 6, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–22637 Filed 10–12–23; 8:45 am] 

BILLING CODE 4164–01–P 


lotter on DSK11XQN23PROD with PROPOSALS1
Sea Asparagus Tips, Salicornia spp., from Hawaii Pest List

Table 1. Actionable pests reported on Sea Asparagus (in any country) and present in Hawaii (on 

any host). 

Pest name Evidence of 

presence in 

Hawaii

Association with 

Sea Asparagus1

Plant part(s) 

association2

On 

harvested 

plant 

part(s)?3

Remarks

Organism

None Observed

Appendix

Pests with non-actionable regulatory status

We found some evidence of the below listed organisms being associated with sea asparagus tips

and being present in Hawaii; however, because these organisms have non-actionable regulatory

status for the continental United States, we did not list them in Table 2 of this risk assessment. 

Below we list these organisms along with the references supporting their potential association 

with sea asparagus, their potential presence in Hawaii their presence in the continental United 

States (if applicable), and their regulatory status for the continental United States. For organisms 

not present in the continental United States, we also provide justification for their non-actionable 

status.

Table 2. Pests with non-actionable regulatory status

Organism Evidence and/or other notes

ARTHROPODS

None

FUNGI

Macrophoma phaseolina Stanghellini etr al, 1992

M. E. Stanghellini, . J. D. Mihail, S. L. Rasmussen, and B. C. Turner. 1992 .Macrophomina 

phaseolina: A Soilborne Pathogen of Salicornia bigelovii in a Marine Environment. Plant Dis. 

76:751-752. 

 

1

If the pest occurs on the commodity and where appropriate, the host status is indicated. Host types are explained 

in Guidelines for Plant Pest Risk Assessment of Imported Fruit and Vegetable Commodities, Version 6.0 (PPQ, 2012).

2

The plant part(s) listed are those for the plant species under analysis. If the information is extrapolated, such as 

from plant part association on other plant species, this is noted.

3

“Yes” indicates simply that the pest has a reasonable likelihood of being associated with the harvested 

commodity; the level of pest prevalence on the harvested commodity (low, medium, or high) is qualitatively 

assessed in Risk Element A1 as part of the likelihood of introduction assessment (section 3).
Exhibit 32.1  CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Michael Jordan Friedman, Chief Executive Officer and Chief Financial Officer of Fresh Harvest Products, Inc. (the Company), do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:  1.  This Annual Report on Form 10-KSB of the Company for the year ended October 31, 2007 as filed with the Securities and Exchange Commission (the report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  2.  The information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the Company. /s/ Michael Jordan Friedman  _________________________________________ Michael Jordan Friedman, Chief Executive Officer   Date: signed on February 13, 2008    1
No. 66125.

#### M. Pressner & Co., Inc. *v.*United States,

protest 61/366 (New York).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of plastic camera viewers similar in all material respects to those the subject of Abstract 65082, the claim of the plaintiff was sustained.
# Official Journal L 237/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.237.eng |
| --- | --- |
| Official Journal
  of the European Union | L 237 |
| | |
| English edition | Legislation | Volume 553 September 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.237.eng

Official Journal

of the European Union

L 237

English edition

Legislation

Volume 553 September 2012

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) No 765/2012 of the European Parliament and of the Council of 13 June 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community | 1 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) No 765/2012 of the European Parliament and of the Council of 13 June 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
No. 52786.

#### Barrie Morell & Co. et al. *v.*United States,

protests 64595-K, etc. (New York).

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
# Official Journal C 15/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.015.eng |
| --- | --- |
| Official Journal
  of the European Union | C 15 |
| | |
| English edition | Information and Notices | Volume 5618 January 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.015.eng

Official Journal

of the European Union

C 15

English edition

Information and Notices

Volume 5618 January 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 015/01 | Planned closure of complaint CHAP (2011)3460 | 1 |
| 2013/C 015/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (1) | 2 |
| 2013/C 015/03 | Non-opposition to a notified concentration (Case COMP/M.6740 — BayWa/Cefetra) (1) | 8 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 015/01

Planned closure of complaint CHAP (2011)3460

1

2013/C 015/02

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections (1)

2

2013/C 015/03

Non-opposition to a notified concentration (Case COMP/M.6740 — BayWa/Cefetra) (1)

8

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 015/04 | Euro exchange rates | 9 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 015/05 | Information communicated by Member States regarding closure of fisheries | 10 |
| 2013/C 015/06 | Information communicated by Member States regarding closure of fisheries | 10 |
| 2013/C 015/07 | Information communicated by Member States regarding closure of fisheries | 11 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 015/04

Euro exchange rates

9

NOTICES FROM MEMBER STATES

2013/C 015/05

Information communicated by Member States regarding closure of fisheries

10

2013/C 015/06

Information communicated by Member States regarding closure of fisheries

10

2013/C 015/07

Information communicated by Member States regarding closure of fisheries

11

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
No. 60616.

#### The Kemper Thomas Co. *v.*United States,

protest 292632-K (Cleveland).

*458Opinion by

La whence, J.

In accordance with stipulation of counsel that the merchandise consists of molds in chief value of metal, designed only for use on bending machines for shaping decorated glass pieces, which machines contain an essential electrical feature, having the same uses and of the same kind in all material respects as the molds which were the subject of Abstract 59921, the claim of the plaintiff was sustained.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE TREADCO,
INC. QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED JUNE 30, 1998 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                               24,736,560
<ALLOWANCES>                                 1,368,143
<INVENTORY>                                 27,714,064
<CURRENT-ASSETS>                            58,977,274
<PP&E>                                      51,616,007
<DEPRECIATION>                              19,517,211
<TOTAL-ASSETS>                             104,998,138
<CURRENT-LIABILITIES>                       33,693,990
<BONDS>                                     12,132,607
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        50,723
<OTHER-SE>                                  59,022,247
<TOTAL-LIABILITY-AND-EQUITY>               104,998,138
<SALES>                                     84,598,543
<TOTAL-REVENUES>                            84,598,543
<CGS>                                       83,674,038
<TOTAL-COSTS>                               83,674,038
<OTHER-EXPENSES>                              (80,206)
<LOSS-PROVISION>                               760,644
<INTEREST-EXPENSE>                             540,871
<INCOME-PRETAX>                                463,840
<INCOME-TAX>                                   225,438
<INCOME-CONTINUING>                            238,402
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   238,402
<EPS-PRIMARY>                                     0.05
<EPS-DILUTED>                                     0.05
        

</TABLE>
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 Home Economic Research & Data Statistical Releases and Historical Data
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   Financial Accounts of the United States - Z.1 Current Release
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  F.221 Farm Mortgages  
 Billions of dollars; quarterly figures are seasonally adjusted annual rates Description
Series code
2014
2015
2015   Q1
2015   Q2
2015   Q3
2015   Q4
2016   Q1
2016   Q2
2016   Q3
LineAll sectors; farm mortgages; asset
	FA893065603
	11.8
	12.5
	12.3
	12.5
	12.6
	12.6
	4.1
	4.1
	4.1
	1Corporate farm business; farm mortgages; liability
	FA183165605
	4.4
	4.4
	5.9
	4.9
	3.8
	2.9
	1.0
	0.5
	1.0
	2Noncorporate farm business; farm mortgages; liability
	FA233165605
	7.4
	8.1
	6.4
	7.5
	8.8
	9.7
	3.1
	3.5
	3.2
	3All sectors; farm mortgages; asset
	FA893065603
	11.8
	12.5
	12.3
	12.5
	12.6
	12.6
	4.1
	4.1
	4.1
	4Households and nonprofit organizations; farm mortgages; asset
	FA153065605
	12.4
	6.1
	6.3
	7.6
	4.4
	6.0
	-3.0
	-0.5
	-3.8
	5Nonfinancial noncorporate business; farm mortgages; asset
	FA113065603
	-0.0
	0.1
	0.0
	0.1
	0.0
	0.1
	0.1
	0.0
	0.0
	6Federal government; farm mortgages; asset
	FA313065605
	0.9
	0.7
	0.7
	0.7
	0.7
	0.6
	0.5
	-1.2
	2.5
	7State and local governments, excluding employee retirement funds; farm mortgages; asset
	FA213065603
	0.0
	0.1
	0.1
	0.0
	0.1
	0.1
	0.0
	0.0
	0.1
	8U.S.-chartered depository institutions; farm mortgages; asset (USDA)
	FA763065633
	-6.9
	1.8
	1.8
	1.7
	1.8
	1.9
	2.0
	2.0
	2.0
	9Foreign banking offices in the U.S.; farm mortgages; asset
	FA753065603
	0.2
	0.0
	0.0
	-0.1
	-0.0
	0.2
	-0.1
	-0.1
	-0.0
	10Life insurance companies; farm mortgages on farm land; asset
	FA543065633
	1.4
	0.4
	0.4
	0.4
	0.4
	0.4
	0.4
	0.4
	0.4
	11State and local government employee defined benefit retirement funds; farm mortgages; asset
	FA223065643
	0.0
	0.0
	0.0
	0.0
	0.0
	0.0
	0.0
	0.0
	0.0
	12Government-sponsored enterprises; farm mortgages; asset
	FA403065605
	3.9
	2.7
	3.2
	2.3
	2.0
	3.4
	2.8
	3.3
	3.1
	13Agency-and GSE-backed mortgage pools; farm mortgages; asset
	FA413065605
	-0.1
	0.7
	-0.2
	-0.1
	3.2
	-0.1
	1.4
	0.1
	-0.2
	14 Back to top
  **NOTES** Excludes mortgages on farm houses.
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