alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014282EN.01001002.xml

| 25.8.2014 | EN | Official Journal of the European Union | C 282/10 |
| --- | --- | --- | --- |

25.8.2014

EN

Official Journal of the European Union

C 282/10

---

Judgment of the Court (Sixth Chamber) of 12 June 2014 (request for a preliminary ruling from the Bundesfinanzhof — Germany) — SEK Zollagentur GmbH v Hauptzollamt Gießen

(Case C-75/13) (1)

1

((Customs Union and Common Customs Tariff - Unlawful removal from customs supervision of goods liable to import duties - Incurrence of a customs debt))

2014/C 282/14

Language of the case: German

Referring court

Referring court

Bundesfinanzhof

Parties to the main proceedings

Parties to the main proceedings

Applicant: SEK Zollagentur GmbH

Applicant:

Defendant: Hauptzollamt Gießen

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1) | Articles 50 and 203 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005, must be interpreted as meaning that an article left for temporary storage must be deemed to have been removed from customs supervision if it is declared for an external Community transit procedure, but it does not in fact leave the storage facility and is not presented to the customs office at the place of destination, although the transit documents have been presented there. |
| --- | --- |

1)

Articles 50 and 203 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005, must be interpreted as meaning that an article left for temporary storage must be deemed to have been removed from customs supervision if it is declared for an external Community transit procedure, but it does not in fact leave the storage facility and is not presented to the customs office at the place of destination, although the transit documents have been presented there.

| 2) | The fourth indent of Article 203(3) of Regulation No 2913/92, as amended by Regulation No 648/2005, must be interpreted as meaning that, in circumstances such as those of the main proceedings, where an article is removed from customs supervision, the person who, as the approved consignor, placed that article in the external Community transit procedure is a customs debtor under that provision. |
| --- | --- |

2)

The fourth indent of Article 203(3) of Regulation No 2913/92, as amended by Regulation No 648/2005, must be interpreted as meaning that, in circumstances such as those of the main proceedings, where an article is removed from customs supervision, the person who, as the approved consignor, placed that article in the external Community transit procedure is a customs debtor under that provision.

---

(1)  OJ C 147, 25.5.2013.

1

---
Exhibit 32.1


CERTIFICATION 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 Annual Report of ATC Healthcare, Inc. (the "Company") on
Form 10-K/A for the year ending February 29, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, David Savitsky,
Chief Executive Officer of the Company, hereby certify, to the best of my
knowledge, 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, as amended; and

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



/S/ DAVID SAVITSKY
David Savitsky
Chief Executive Officer
November 3, 2004


This certification accompanies this Report on Form 10-K/A pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent
required by such Act, be deemed filed by the Company for purposes of Section 18
of the Securities Exchange Act of 1934.

A signed original of the written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.


                                       47
Exhibit 10.11.12


 


FIRST AMENDMENT TO SUBSCRIPTION AGREEMENT


 


This First
Amendment to Subscription Agreement (this “Agreement”), dated January 24, 2007,
amends that certain Subscription Agreement (the “Subscription Agreement”) dated
effective as of November 15, 2007 by and between Education Media, Inc.,
a Delaware corporation (the “Company”), and James V. Kimsey (“Buyer”).


 


The parties
agree as follows:


 


1.     Capitalized
terms not otherwise defined herein shall have the meanings ascribed to them in
the Subscription Agreement.


 


2.     The
Consulting Contract is hereby amended as follows:


 


a.               RECITALS:
“WHEREAS, Buyer wishes to
purchase from the Company 780,000 shares of the Company’s Common Stock, par
value $0.0001 per share (the “Shares”); and


 


WHEREAS,
the Buyer wishes to purchase the Shares from the Company and the Company wishes
to sell the Shares to the Buyer on the terms and subject to the conditions set
forth in this Agreement.”


 


b.     Section 2.2  Purchase
Price: “As payment in full for the Shares being purchased under this
Agreement and against delivery of the certificates therefor, simultaneous with
the execution hereof, Buyer shall pay $7800.00 to the Company by wire transfer
of immediately available funds or by such other method as may be reasonably
acceptable to the Company, (the “Purchase Price”).”


 


3.     In all other
respects the Subscription
Agreement remains unchanged and in full force and effect.


 


IN
WITNESS WHEREOF, the undersigned have executed this
Agreement to be effective as of the date first set forth above.


 


	
   

  	
  EDUCATION MEDIA, INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ 
  Peter Kirsch

  	
   

  
	
   

  	
  Name: Peter Kirsch

  
	
   

  	
  Title: Chief Executive Officer

  
	
   

  	
   

  
	
   

  	
  JAMES V. KIMSEY

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  /s/ 
  James V. Kimsey
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


The undersigned, the Chief Executive Officer of DCI USA, Inc. (the "Company"),
does hereby certify under the standards set forth and solely for the purposes of
18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that the Quarterly Report on Form 10-QSB of the Company for the quarter
ended September 30, 2006 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and information contained in
that Form 10-QSB fairly presents, in all material respects, the financial
condition and results of operations of the Company.


Dated: November 20, 2006                     /s/Jonathan Ilan Ofir
                                             ---------------------
                                             Jonathan Ilan Ofir,
                                             Chief Executive Officer

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
No. 43287.

#### Protests 409345-G, etc., of American Shipping Co. et al. (New York).

Opinion by

Tilson, J.

It was stipulated that certain items consist of embroidered articles in part of braid, lace, or trimming the same as those passed upon in *Glemby’s*v. *United States*(13 Ct. Cust. Appls. 533, T. D. 41397), Normandy lace like that the subject of *United States*v. *Amrein*(26 C. C. P. A. 353, C. A. D. 40), and filet lace like that the subject of *United States*v. *Jabara*(22 id. 77, T. D. 47065). The claim at 75 percent under paragraph 1430 was therefore sustained.
**Exhibit 12.2**

 

**RULE 13a-14(a) CERTIFICATION**

 

I, Kin Shek Leung, certify that: 

 

1. I have reviewed this Annual Report on Form 20-F of Global-Tech Appliances Inc.; 

 

2. Based on my knowledge, this Annual Report does not contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this Annual Report; and 

 

3. Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in allmaterial respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this Annual Report. 

 

4. The Company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the Company and have: 

 

(a)Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the Company, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which this report is being prepared; 

 

(b) Evaluated the effectiveness of the Company’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; 

 

(c) Disclosed in this Annual Report any change in the Company’s internal control over financial reporting that occurred during the period covered bythis Annual Report that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting; and 

 

5. The Company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to theCompany’s auditors and the audit committee of the Company’s board of directors (or persons performing the equivalent functions): 

 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonablylikely to adversely affect the Company’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the Company’s internal controlover financial reporting. 

 

Date: September 30, 2005
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO 18U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of BroadwindEnergy, Inc. (the “Company”) on Form 10-Q for the period ended June 30,2010, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Stephanie K. Kushner, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1)                                  The Report fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

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

 

 
| /s/ Stephanie K. Kushner  |   |
|---------------------------|--------|
| Stephanie K. Kushner      |   |
| Chief Financial Officer   |   |
|                      |   |
| Date: August 9, 2010 |   |

 

----
II 

Calendar No. 22 

112TH CONGRESS 

1ST SESSION S. 222 

To limit investor and homeowner losses in foreclosures, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2011 

Mr. WHITEHOUSE (for himself, Mr. BLUMENTHAL, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

MARCH 31, 2011 

Reported by Mr. LEAHY, without amendment 

A BILL 

To limit investor and homeowner losses in foreclosures, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Limiting Investor and 

5 Homeowner Loss in Foreclosure Act of 2010’’. 


sroberts on DSK69SOYB1PROD with BILLS
2 

S 222 RS

1 SEC. 2. LOSS MITIGATION PROGRAMS. 

2 (a) IN GENERAL.—Section 105 of title 11, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(e) Without limiting the court’s authority under 

6 subsection (d) or under any other statute or rule, the 

7 court, by local rule or order, may establish and maintain 

8 a loss mitigation program for the consideration and nego9 tiation of consensual alternatives to avoid foreclosure be10 tween an individual debtor and the holder of a claim se11 cured by a security interest in real property that is the 

12 debtor’s principal residence.’’. 

13 (b) CONFORMING AMENDMENT.—Section 362(e) of 

14 title 11, United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘(3) If the party in interest requesting relief from 

17 the stay under subsection (d) of this section participates 

18 in a loss mitigation program maintained pursuant to sec19 tion 105(e) of this title, the time periods specified in para20 graphs (1) and (2) of this subsection shall be tolled during 

21 the time period commencing on the date on which such 

22 participation began and ending on the date on which no23 tice of such termination is filed and served on the debt24 or.’’. 


sroberts on DSK69SOYB1PROD with BILLS

sroberts on DSK69SOYB1PROD with BILLS
Calendar No. 22 

112TH CONGRESS 

1ST SESSION S. 222 

A BILL 

To limit investor and homeowner losses in 

foreclosures, and for other purposes. 

MARCH 31, 2011 

Reported without amendment 


sroberts on DSK69SOYB1PROD with BILLS
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2089 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2089

 To amend title 10, United States Code, to expand the authority of the 
 Secretary of the Army to loan or donate excess small arms to certain 
   eligible organizations for funeral and other ceremonial purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2012

 Ms. Klobuchar introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To amend title 10, United States Code, to expand the authority of the 
 Secretary of the Army to loan or donate excess small arms to certain 
   eligible organizations for funeral and other ceremonial purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Honoring Our Nations Outstanding 
Rifle Squads Act'' or the ``HONOR Act''.

SEC. 2. EXPANSION OF AUTHORITY OF THE SECRETARY OF THE ARMY TO LOAN OR 
              DONATE EXCESS SMALL ARMS FOR FUNERAL AND OTHER CEREMONIAL 
              PURPOSES.

    Section 4683(a) of title 10, United States Code, is amended by 
adding at the end the following new paragraph:
    ``(3) In order to meet the needs of an eligible organization with 
respect to the performance of funeral and other ceremonies, the 
Secretary may, at the discretion of the Secretary--
            ``(A) loan or donate excess small arms to the eligible 
        organization for such ceremonies;
            ``(B) authorize the eligible organization to retain small 
        arms other than M-1 rifles for such ceremonies; or
            ``(C) if excess small arms stocks are insufficient to meet 
        requirements of the eligible organization for such ceremonies, 
        provide excess small arms to the organization on a rotational 
        basis with other eligible organizations pursuant to a program 
        and procedures prescribed by the Secretary for that purpose.''.
                                 <all>
```
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# DLA Distribution Bahrain Staff Sgt. Morales promoted in brief ceremony

By DLA Distirbution Public Affairs

                NEW CUMBERLAND, Pa.  –              
U.S. Army Staff Sgt. George Edward Morales was promoted during a small ceremony at Defense Logistics Agency Distribution, Bahrain Oct. 31. Morales was promoted from Sgt. to Staff Sgt.

Morales began his Army career September 2009 and served for 12 years so far with two tours in Afghanistan. He has earned five Army Commendation Medals, four Army Achievement Medals, and four Good Conduct Medals.

Starting as a supply clerk for the 101st airborne Morales has made continuous positive impacts on various supply programs anywhere he’s been stationed.Currently working at DDNB, Morales hopes to take lessons learned there and apply them as his career moves forward.

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DLADistribtionDDNBpromotionUS Army
#### H. S. Dorf & Co., Inc. (American Overocean Corp.) *v.*United States

No. 5986.

Invoice dated Merida, Yucatan, Mexico, May 23, 1942.

Certified May 25, 1942.

Entered at New Orleans, La., June 4, 1942.

Entry No. 1840.

(Decided February 28, 1944)

*Philip Stein*for the plaintiff.

*Paul P. Bao,*Assistant Attorney General *(Joseph E. Weil,*special attorney), for the defendant. ■

Ekwall, Judge:

This is an appeal for reappraisement from the finding of value made by the appraiser at the port of New Orleans, La., upon what is described on the invoice and entry as 127 bales of' dyed sisal twine. It was entered at $.09% per pound plus certain charges for colors per unit, plus packing, plus an addition to make market value of $.03 per pound, less certain nondutiable charges.. The appraiser found a value of $.12%, United States currency per lb., plus *}{<ji*United States currency per lb. for tubes (which are' invoiced as special packing), plus charges for colors at invoice units, less certain nondutiable charges marked X on the invoice, upon a gross weight, basis.

At the trial counsel for the plaintiff stated that his proof would be directed toward proving that the charge for the wooden tubes, which was added on appraisement at %¡£ per lb., should have been at 1 %¡é each. He thereupon called as a witness the examiner of this merchandise at the port of New Orleans who testified that the cost of the wooden tubes was as claimed, 1 %¡é each. From certain notations on the official papers it appears that the value of the merchandise as found by the appraiser represents export value as that value is defined in section 402 (d) of the Tariff Act of 1930.

Upon this record I find the value of the sisal twine to be $.12% per lb., plus $.01% each for tubes (special packing), plus charges for colors. *393at invoiced units, less truck freight'to Progresso, loading and other expenses at Progresso, ocean freight, marine insurance, and consular-invoice fee, as invoiced, upon a gross weight basis.