alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4702

II-VI Incorporated:

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

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4126

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

April 12, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3790

Alo Tennessee, Inc: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_04.15.19.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Stephen P. Vaughn

General Counsel
[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Notices]
[Page 2782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-641]


-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR

Aquatic Nuisance Species Task Force Ruffe Control Committee 
Public Meetings

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of public meetings.

-----------------------------------------------------------------------

SUMMARY: This notice announces three public meetings being held by the 
Ruffe Control Committee, a committee of the Aquatic Nuisance Species 
Task Force. The Committee will hold public meetings to take comments on 
the proposed Ruffe Control Program, a draft Environmental Assessment 
and a Benefits and Cost Analysis of the Ruffe Control Program.

TIME, DATE AND PLACE: The public meetings will be held at the following 
locations:

Buffalo (Amherst), NY:
    January 9, 1995; 7:00 p.m., Knox Hall, Room 4, University of 
Buffalo, North Campus, Amherst, NY
Chicago (Des Plaines) IL:
    January 10, 1995; 7:00 p.m., CMS Building, Main North Facility 
(west entrance), IL Dept. of Conservation Conf. Room, 911 Harrison, Des 
Plaines, IL
Superior, WI:
    January 11, 1995; 7:00 p.m., Hiawatha Room, Rothwell Student 
Center, University of Wisconsin-Superior, Superior, WI.

STATUS: The meetings are open to the public. Interested persons may 
make oral statements to the Committee or may file statements for 
consideration.

FOR FURTHER INFORMATION CONTACT:
Tonm Busiahn, Ruffe Control Committee Chairperson, at (715) 682-6185.

SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal 
Advisory Committee Act (5 U.S.C. App. I), this notice announces a 
meeting of the Ruffe Control Committee, a committee of the Aquatic 
Nuisance Species Task Force established under the authority of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (Pub. 
L. 101-646, 104 Stat. 4761, 16 U.S.C. 4701 et seq., November 29, 1990). 
Minutes of public meetings will be maintained by Tom Busiahn, 
Chairperson, Ruffe Control Committee, U.S. Fish and Wildlife Service, 
Fishery Resources Office, 2800 Lake Shore Drive East, Ashland, 
Wisconsin 54806, and will be available for public inspection during 
regular business hours, Monday through Friday within 30 days following 
the meeting.

    Dated: January 5, 1995.
Gary Edwards,
Co-Chair, Aquatic Nuisance Species Task Force, Assistant Director--
Fisheries.
[FR Doc. 95-641 Filed 1-10-95; 8:45 am]
BILLING CODE 4310-55-M
#### The People of the State of New York, Respondent, v Shadon Nixon, Appellant.

Judgment of the Supreme Court, New York County (Stephen G. Crane, J.), rendered January 7, 1988, convicting defendant, after a jury trial, of robbery in the second degree and grand larceny in the fourth degree and sentencing him as a second felony offender to concurrent prison terms of 6 to 12 years and 2 to 4 years on the robbery and grand larceny counts, respectively, is unanimously affirmed.

Defendant was convicted of mugging the complainant in the Times Square area, with the help of four others. As the five robbers walked away, the victim immediately summoned help from a nearby police officer. After all five were arrested, the complainant positively identified them. At the suppression hearing, both the officer and the victim testified as to the distinctive appearance or dress of the five robbers; both testified that this defendant wore a distinctive green tank top. About 10 minutes after the robbery, the victim observed each suspect separately, at the precinct, and made a confirmatory identification as to each. A few moments later the victim saw the suspects in a holding cell, when they started to curse and yell at him; this viewing only took about two seconds before the victim was ushered away.

Viewing the evidence in a light most favorable to the People *(People v Contes,*60 NY2d 620), we conclude that defendant’s guilt was proved beyond a reasonable doubt. We note the police-arranged identification procedure of significance, the identification being made a minute after the robbery when the victim positively identified defendant and the other suspects. This procedure did not evince any undue suggestiveness. The showup at the precinct was only a confirmatory identification. It was not an improper police-arranged showup at the precinct serving as an initial identification, the unreliability of which is well established *(cf., People v Riley,*70 NY2d 523). Nor do we conclude that, under these circumstances, the precinct confirmatory identification increased the likelihood of a misidentification *(compare, People v Lorick,*142 AD2d 501). The circumstances which led us to criticize the precinct showup in *Lorick,*which included a dubious street identification, made manifest the danger addressed in *People v Riley (supra).*In the present case, where the street identification could not have been more conclusive, those circumstances are not present. Concur—Murphy, P. J., Carro, Asch, Ellerin and Smith, JJ.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 7, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3033

LED Technologies: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_05.09.19.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
Exhibit 32.1

CERTIFICATION

OF

CHIEF EXECUTIVE OFFICER

AND

CHIEF FINANCIAL 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 Annual Report of Jarden Corporation (the Company) on Form 10-K for the year ended December 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Martin E. Franklin, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

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.

Martin E. Franklin

Chief Executive Officer

March 8, 2006

In connection with the Annual Report of Jarden Corporation (the Company) on Form
10-K for the year ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ian G.H. Ashken, Chief Financial 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

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.

Ian G.H. Ashken

Chief Financial Officer

March 8, 2006
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41748

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESUS SOTELO-MORENO, also known as

Jesus Miguel Sotelo, also known as

Miguel Angel Gonzalez-Murrieta,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. M-03-CR-423-1

--------------------

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Jesus Sotelo-Moreno appeals the sentence imposed following

his guilty plea conviction of being found in the United States

after deportation/removal in violation of 8 U.S.C. § 1326. 

Sotelo-Moreno contends that the “felony” and “aggravated felony”

provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. 

He therefore argues that his conviction must be reduced to one

under the lesser included offense found in 8 U.S.C. § 1362(a),

United States Court of Appeals

Fifth Circuit

F I L E D

June 23, 2004

Charles R. Fulbruge III

Clerk
No. 03-41748

-2-

his judgment must be reformed to reflect a conviction only under

that provision, and his sentence must be vacated and the case

remanded for resentencing to no more than two years’ imprisonment

and one year of supervised release. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Sotelo-Moreno acknowledges that his arguments are foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his arguments for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Notices]
[Page 15932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7520]



=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Heartland Financial USA, Inc., et al.; Formations of; 
Acquisitions by; and Mergers of Bank Holding Companies

    The companies listed in this notice have applied for the Board's 
approval under section 3 of the Bank Holding Company Act (12 U.S.C. 
1842) and Sec.  225.14 of the Board's Regulation Y (12 CFR 225.14) to 
become a bank holding company or to acquire a bank or bank holding 
company. The factors that are considered in acting on the applications 
are set forth in section 3(c) of the Act (12 U.S.C. 1842(c)).
    Each application is available for immediate inspection at the 
Federal Reserve Bank indicated. Once the application has been accepted 
for processing, it will also be available for inspection at the offices 
of the Board of Governors. Interested persons may express their views 
in writing to the Reserve Bank or to the offices of the Board of 
Governors. Any comment on an application that requests a hearing must 
include a statement of why a written presentation would not suffice in 
lieu of a hearing, identifying specifically any questions of fact that 
are in dispute and summarizing the evidence that would be presented at 
a hearing.
    Unless otherwise noted, comments regarding each of these 
applications must be received not later than April 21, 1995.
    A. Federal Reserve Bank of Chicago (James A. Bluemle, Vice 
President) 230 South LaSalle Street, Chicago, Illinois 60690:
    1. Heartland Financial USA, Inc., Dubuque, Iowa; to acquire 100 
percent of the voting shares of Riverside Community Bank, Rockford, 
Illinois.
    B. Federal Reserve Bank of Kansas City (John E. Yorke, Senior Vice 
President) 925 Grand Avenue, Kansas City, Missouri 64198:
    1. Community Financial Corporation, Topeka, Kansas; to become a 
bank holding company by acquiring 100 percent of the voting shares of 
Community National Bank (in organization), Topeka, Kansas.

    Board of Governors of the Federal Reserve System, March 22, 
1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-7520 Filed 3-27-95; 8:45 am]
BILLING CODE 6210-01-F
```
[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Sunshine Act Meetings]
[Page 15176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7115]

-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

Advisory Committee on Prosthetics and Special-Disabilities 
Programs; Notice of Availability of Annual Report

    Under section 10(d) of Public Law 92-462 (Federal Advisory 
Committee Act) notice is hereby given that the Annual Report of the 
Department of Veterans Affairs' Advisory Committee on Prosthetics and 
Special-Disabilities Programs for Fiscal Year 1994 has been issued. The 
Report summarizes activities of the Committee on matters relative to 
special disability programs, prosthetic rehabilitation technology, 
accomplishments which have been made, and the identification of areas 
where further study and improvements are required. It is available for 
public inspection at two locations:

Federal Documents Section, Exchange and Gift Division, LM 632, Library 
of Congress, Washington, D.C. 20540

      and

Department of Veterans Affairs, Prosthetic and Sensory Aids Service, 
Techworld Plaza--Room 542, 801 I Street NW., Washington, D.C. 20001.

    Dated: March 3, 1995.
Heyward Bannister,
Committee Management Officer.
[FR Doc. 95-7028 Filed 3-21-95; 8:45 am]
BILLING CODE 8320-01-M


                Sunshine Act Meetings



Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / 
Sunshine Act Meetings
[[Page 15176]] 

Board of Governors of the Federal Reserve System

Time and Date: 12:00 noon, Monday, March 27, 1995.

Place: Marriner S. Eccles Federal Reserve Board Building, C Street 
entrance between 20th and 21st Streets, N.W., Washington, D.C. 20551.

_______________________________________________________________________

Status: Closed.

Matters to be Considered:

    1. Proposals regarding a Federal Reserve Bank's building 
requirements.
    2. Proposed acquisition of a materials handling system within 
the Federal Reserve System.
    3. Personnel actions (appointments, promotions, assignments, 
reassignments, and salary actions) involving individual Federal 
Reserve System employees.
    4. Any items carried forward from a previously announced 
meeting.

Contact Person for More Information: Mr. Joseph R. Coyne, Assistant to 
the Board; (202) 452-3204. You may call (202) 452-3207, beginning at 
approximately 5 p.m. two business days before this meeting, for a 
recorded announcement of bank and bank holding company applications 
scheduled for the meeting.

    Dated: March 17, 1995.
Jennifer J. Johnson,

Deputy Secretary of the Board.

[FR Doc. 95-7115 Filed 3-20-95; 10:40 am]

BILLING CODE 6210-01-P
```