alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
J-S29019-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee

v.

CHARLES JACOB BERGER Appellant No. 1173 WDA 2015

Appeal from the PCRA Order July 7, 2015 In the Court of Common Pleas of Fayette County Criminal Division at No(s): CP-26-CR-0000898-2008

BEFORE: BENDER, P.J.E., PANELLA, J., and FITZGERALD , J. * JUDGMENT ORDER BY PANELLA, J.: FILED MAY 19, 2016 Appellant’s counsel, James Eugene DePasquale, Esqui re, has filed a brief in this matter in which he concedes that Appe llant cannot satisfactorily

establish his claim of ineffective assistance of tr ial counsel. Attorney DePasquale is currently in the rather odd position of arguing against his

client’s interests. This cannot stand. Attorney DePasquale has not filed an “application f or leave to withdraw as counsel” pursuant to Commonwealth v. Turner , 518 Pa. 491, 544 A.2d 927 (1988), and Commonwealth v. Finley , 550 A.2d 213 (Pa. Super. 1988). In Commonwealth v. Friend , 896 A.2d 607, 615 (Pa. Super.

____________________________________________

* Former Justice specially assigned to the Superior Court.J-S29019-16

- 2 -

2006), this Court clarified “the conditions precede nt to an order of court which terminates the representation of PCRA counsel [:]” 1) As part of an application to withdraw as counsel , PCRA counsel must attach to the application a “no-merit” letter, 2) PCRA counsel must, in the “no-merit” letter, lis t each claim the petitioner wishes to have reviewed, and detail the nature and extent of counsel’s review of the merits of eac h of those claims, 3) PCRA counsel must set forth in the “no-merit” le tter an explanation of why the petitioner’s issues are meri tless, 4) PCRA counsel must contemporaneously forward to t he petitioner a copy of the application to withdraw, w hich must include (i) a copy of both the “no-merit” letter, a nd (ii) a statement advising the PCRA petitioner that, in the event the trial court grants the application of counsel to wi thdraw, the petitioner has the right to proceed pro se, or with the assistance of privately retained counsel; 5) the court must conduct its own independent revie w of the record in the light of the PCRA petition and the is sues set forth therein, as well as of the contents of the petition of PCRA counsel to withdraw; and 6) the court must agree with counsel that the petit ion is meritless. If counsel wishes to file an application for leave to withdraw as counsel, we advise counsel to file a no-merit lette r which fully presents each claim Berger wishes to pursue on appeal, including the appropriate standards of review and legal authority in support of counsel’s contention

that these claims are without merit within 30 days ; or, in the alternative, counsel may file a proper brief on the merits. The Commonwealth shallJ-S29019-16

- 3 -

thereafter have thirty days following the filing of Appellant’s brief in which to file its response. Case remanded with instructions. Panel jurisdiction retained.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3538

Tianhai Electric North America:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

‘‘Made in China 2025’’ or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 19, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3062

Stant Corporation:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND THE CONSOLIDATED STATEMENT OF OPERATIONS FILED AS
PART OF THE ANNUAL REPORT ON FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH ANNUAL REPORT ON FORM 10-K.
</LEGEND>
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                      11,819,147
<SECURITIES>                                         0
<RECEIVABLES>                                7,711,523
<ALLOWANCES>                                 4,088,600
<INVENTORY>                                  3,672,395
<CURRENT-ASSETS>                            19,902,956
<PP&E>                                      13,703,431
<DEPRECIATION>                              11,664,018
<TOTAL-ASSETS>                              26,488,290
<CURRENT-LIABILITIES>                        8,648,500
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       114,758
<OTHER-SE>                                  17,208,365
<TOTAL-LIABILITY-AND-EQUITY>                26,488,290
<SALES>                                     32,767,117
<TOTAL-REVENUES>                            32,767,117
<CGS>                                       32,234,423
<TOTAL-COSTS>                               32,234,423
<OTHER-EXPENSES>                            23,178,969
<LOSS-PROVISION>                                65,388
<INTEREST-EXPENSE>                             213,719
<INCOME-PRETAX>                            (22,268,722)
<INCOME-TAX>                                     7,796
<INCOME-CONTINUING>                        (22,276,518)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (22,276,518)
<EPS-BASIC>                                      (2.20)
<EPS-DILUTED>                                    (2.20)



</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF BRIGHT HORIZONS FAMILY SOLUTIONS, INC. AT MARCH 31, 2000
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                      10,531,000
<SECURITIES>                                         0
<RECEIVABLES>                               19,674,000
<ALLOWANCES>                                (1,370,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                            36,126,000
<PP&E>                                      67,132,000
<DEPRECIATION>                             (14,803,000)
<TOTAL-ASSETS>                             114,793,000
<CURRENT-LIABILITIES>                       34,201,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       123,000
<OTHER-SE>                                  64,535,000
<TOTAL-LIABILITY-AND-EQUITY>               114,793,000
<SALES>                                              0
<TOTAL-REVENUES>                            66,622,000
<CGS>                                                0
<TOTAL-COSTS>                               56,840,000
<OTHER-EXPENSES>                             5,905,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (75,000)
<INCOME-PRETAX>                              3,952,000
<INCOME-TAX>                                 1,640,000
<INCOME-CONTINUING>                          2,312,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,312,000
<EPS-BASIC>                                       0.20
<EPS-DILUTED>                                     0.19


</TABLE>
Exhibit 4.47

[CONFORMED COPY]

Term sheet dated the 16th October 2002

THIS GUARANTEE dated the 16th October 2002 is made between:

WHEREAS:

IT IS AGREED AS FOLLOWS:

Article 1 Definitions



"Borrower"

SBS Broadcasting B.V.;"Business Day"

a day on which banks are open for business in Amsterdam;"Financial Agreement"

a loan agreement dated 16th October 2002 between the Borrower and the Bank by which the Bank agreed to make a loan in an amount of €11.800.000, = (in words: eleven million eight hundred thousand Euros) available to the
Borrower including further agreements or security documents executed pursuant to such loan agreement;"Indebtedness"

all debts and liabilities, actual or contingent, present or future of the Borrower under or in connection with the Financial Agreement;




1

---

Article 2 Guarantee



Article 3 Payments



to
pay as its own debt to the Bank the Amount set forth in the Notice within five (5) Business Days following the day on which the Notice is received by the Guarantor.







Article 4 Further undertakings of the Guarantor

2

---



Article 5 Continuing liability

The
Guarantor's liability under the Guarantee shall not be impaired, discharged or in any other way affected by reason of:

Article 6 Cost and expenses

The
Guarantor shall on first demand indemnify the Bank against any loss or expense (including legal and out-of-pocket expenses) incurred by the Bank in connection with the
enforcement of, or preservation of rights under this agreement or otherwise in respect of recovery of moneys owing under this guarantee.

Article 7 Notices

Any
notice or other communication under, or in connection with the matters contemplated by, this Guarantee shall, except as otherwise provided in the Guarantee, be addressed to the recipient and sent:





or
to such address or telefax number or attention of such other person as may from time to time be notified by the party concerned to the other party.

3

---

Article 8 Applicable Law

IN WITNESSwhereof the parties hereto have signed this Guarantee on the date first above written.

|                                 |  |                       
|-------------------------------- |  | ----------------------
|Place: Amsterdam                 |  |                       
|SBS Broadcasting S.A
By:         |  | ING Bank N.V.
By:     
|/s/ Erik T. Moe
Attorney-in-Fact |  | /s/ W.G. van Wijgerden
|                                 |  | /s/ A. Mastenbroek    

4

---

QuickLinks
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

March 26, 2010

Mr. Lacey L. Gourley

Bracewell & Giuliani, L.L.P.

111 Congress Avenue, Suite 2300

Austin, TX 78701

Ms. Pamela Stanton Baron

Attorney at Law

P.O. Box 5573

Austin, TX 78763

Mr. Jeffrey D. Small

12451 Starcrest, Suite 100

San Antonio, TX 78216-2988

Mr. Thomas R. Phillips

Baker Botts L.L.P.

98 San Jacinto Center, Suite 1500

Austin, TX 78701

Honorable Gloria A. Saldana

224th District Court Judge, Bexar County

100 Dolorosa St., Ste. 400

San Antonio, TX 78205-3028

RE:Case Number:  07-0871

Court of Appeals Number:  04-07-00464-CV

Trial Court Number:  2007CI03597

Style:IN RE  UNITED SERVICES AUTOMOBILE ASSOCIATION

Dear Counsel:

Today the Supreme Court of Texas issued an opinion in the above-referenced cause.  You may obtain a copy of the opinion at: http://www.supreme.courts.state.tx.us/historical/recent.asp.  If you would like the opinion by email, please contact Claudia Jenks at claudia.jenks@courts.state.tx.us or call (512)463-1312 ext. 41367.  (Justice Johnson not sitting)

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**Case No. 07-0871Page 2**
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**ANDRE MURRAY,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 44 EAL 2016** 

**Petition for Allowance of Appeal from the Order of the Superior Court** 

ORDER

PER CURIAM

AND NOW **, this 29th day of June, 2016, the Petition for Allow ance of Appeal is** 

DENIED

**.**

**Justice Donohue did not participate in the consideration or decision of this** 

**matter.**
##### 



UNITED STATES SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 Form 10-Q/A
 (Amendment No. 1)
  þ
    
    QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
 For the quarterly period ended March 31, 2006
 or
 o
    
    TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
 For the transition period from  to
 Commission File Number: 0-24091
 Tweeter Home Entertainment Group, Inc.
  Delaware
(State or other jurisdiction of
incorporation or organization)
    
    04-3417513
(I.R.S. Employer Identification No.)
 40 Pequot Way
Canton, MA 02021   781-830-3000
 þ o
  Large accelerated filer o
    
    Accelerated filer þ
    
    Non-accelerated filer o
 o þ
  TITLE OF CLASS
Common Stock, $0.01 par value
    
    OUTSTANDING AT MAY 5, 2006
25,457,464




---



##### 



Explanatory Note




---



##### 



SIGNATURES
  TWEETER HOME ENTERTAINMENT GROUP, INC.By:
    
    /s/ Joseph G. McGuireJoseph G. McGuirePresident and Chief Executive Officer andacting Chief Financial OfficerDate: June 26, 2006
**EXHIBIT 32.2**TWEETER HOME ENTERTAINMENT GROUP, INC.CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002In connection with this Quarterly Report of Tweeter Home Entertainment Group, Inc. (the “Company”)on Form 10-Q for the period ending December 31, 2006 as filed with the Securities and ExchangeCommission on the date hereof, (the “Report”), I, Gregory W. Hunt, Senior Vice President and ChiefFinancial Officer of the Company, hereby certify, pursuant to 18 U.S.C. (section) 1350, as adoptedpursuant to (section) 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and(2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.Date: February 9, 2007   /s/ Gregory W. Hunt Gregory W. Hunt  Senior Vice President and Chief Financial Officer
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 23-0516

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

RAY ALLEN ROBERTS,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including February 20, 2024, within which to prepare, 

file, and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

January 12 2024

01/12/2024

Case Number: DA 23-0516
315 INDUSTRIAL ROAD

SUMMERVILLE, SC 29483

www.eccotemp.com

(843)536-8645

September 13, 2018

To: Office Of The United States Trade Representative

Docket Number USTR-2018-0025

Regarding: Request for Exclusion 

Dear Sirs:

I would like to request the exclusion of product covered under HTSUS 8419.11.0000 

Instantaneous Gas Water Heaters from 83-FR 28710 tariff schedule. Identification 

of such products for exclusion should produce no difficulty to U.S. Customs and 

Border Security. Our product is easily identifiable, and as far as I know the only one 

of this nature coming directly from China. 

During the past three years my company has purchased these quantities and 

amounts. Model 45 gas tankless water. UPC 891876002393.

2015 

2016 

2017 

There are no products produced under this heading or definition in the United 

States. While various products in this heading are available from third countries, all 

are heavily dependent on components manufactured in China. At this time the 

necessary brass castings, oxygen free copper exchangers, and mechanical control 

mechanisms are not being produced by U.S. suppliers. The low technology 

manufacturing used to produce these components is labor intensive, low skilled, and 

has largely been deemed as undesirable by U.S. producers.
315 INDUSTRIAL ROAD

SUMMERVILLE, SC 29483

www.eccotemp.com

Products which are labeled as third country point of origin, are in fact produced 

predominately in China, and assembled in a third country. This arms length 

transaction places an unfair burden on those who import directly from Chinese 

suppliers without using an intermediary country.

The imposition of tariffs on the category 8419.11.0000 is devastating to our 

company, and the U.S. consumer with higher prices and limited selection, without

rewarding the country with a U.S. supply alternative. 

All water heaters sold in China as described in the HTSUS are currently made in 

China. There is no negative impact to be gained with the “Made in China 2025” 

initiative. There are no U.S. manufactures being excluded from competition in the 

China market with U.S. made products.

It is our view that the imposition of tariffs on HTSUS 8419.11.0000 does not 

accomplish any positive action toward unfair competition, restraint of trade, or loss 

of intellectual property. This category relies on components and technology not 

available or desirable to U.S. manufactures. It is apparent who loses, companies like 

mine and the American consumer. The only winners are the Asian multinationals 

who are able to avoid the consequences.

Regards,

Michael Elrod

Eccotemp Systems, LLC
Organization Name:

Note: Representatives submitting on behalf of an organization must enter information below.

Requestor Representative:

Section 301 Investigation: China's Acts, Policies, and Practices Related to Technology 

Transfer, Intellectual Property, and Innovation - Form to Request Exclusion of Product

When submitting a product exclusion request using this form, enter the specified 

information in the following fields and explain the basis and rationale for your statements. 

By completing this form, you certify that the information provided is complete and 

correct to the best of your knowledge. 

1. Indicate whether the comment contains business confidential information (BCI), is a public

document, or is a public version of a BCI document.

3.

2. Please provide a complete and detailed description of the product of concern:

4.

5. Requestor's relationship to the product:

CONTINUED BELOW

*

10-digit HTSUS item number* for product you wish to address in this product exclusion request:

Use numerical characters only with no special characters (example: 1023456789). For help in finding 

the HTSUS item number associated with your product, see https://hts.usitc.gov/

1

7.

6. Does this submission in regulations.gov include additional attachments?

Please indicate whether any additional attachment contains business confidential

information (BCI), is a public document, or is a public version of a BCI document.

VERSION 1

Requestor Information

Requestor Name (Last, First):

Public Version of BCI

RCH1003, 103.1 ton Capacity, 3.00 in Stroke, Single-Acting, Hollow Plunger Hydraulic Cylinder; 

Maximum Operating Pressure psi: 10000; Weight Kgs: 63,0; Oil Capacity Advance cm3: 1011; 

Stroke Ranges mm: 48 - 94

8412210075 Schmidt, Jackie Enerpac Jackie SchmidtImporter Yes Contains BCI
END 2

8. Is this product, or a comparable product, available from sources in the United States?:

VERSION 1

11. Please provide information in support your request, taking account of the instructions

provided in Section B of the Federal Register notice (note: text entered below can extend

beyond the apparent size of this box).

9. Is this product, or a comparable product, available from sources in third countries?:

10. Please provide the value and quantity (with units) of the Chinese-origin product of concern

that you purchased for each calendar year specified. Limit this figure to the products

purchased by your firm (or by members of your trade association) alone. Please provide 

estimates if precise figures are unavailable.

2016 Value:

2015 Value:

2017 Value:

2016 Quantity:

2015 Quantity:

2017 Quantity:

No No BCI BCI BCI BCI BCI BCI

See addendum for additional information.