alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N OTE : This order is nonprecedential

. 

# United States **Court of Appeals** 
**for the Federal Circuit**

______________________

PINKERTON TOBACCO CO., LP, NYZ AB, SWEDISH MATCH NORTH AMERICA LLC, HELIX INNOVATIONS GMBH, Plaintiffs

- Appellants

v.

KRETEK INTERNATIONAL, INC., DRYFT SCIENCES, LLC, Defendants

- Appellees

______________________

2022

- 1454

______________________

Appeal from the United States District Court for the

Central District of California in No. 2:20

- cv

- 01 322

- SB

MRW, Judge Stanley Blumenfeld Jr.

______________________

ON MOTION

______________________

O R D E R

Upon consideration of Appellant’s unopposed motion to dismiss this appeal as moot, pursuant to Federal R ule of Appellate Procedure 42(b),

I T I S O RDERED T HAT : Case: 22-1454 Document: 59 Page: 1 Filed: 05/18/2023PINKERTON TOBACCO CO

., LP v. KRETEK INTERNATIONAL

, INC

. 2

(1) The motion is granted. The appeal is dismissed.

(2) The parties shall bear their own cos ts.

Ma y 18 , 2023

Date F OR THE C OURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

ISSUED AS A MANDATE: May 18, 2023 Case: 22-1454 Document: 59 Page: 2 Filed: 05/18/2023
[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Proposed Rules]
[Page 16824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8045]



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



ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[IL104-1-6697b; FRL-5158-8]


Approval and Promulgation of Implementation Plans; Illinois

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Proposed rule.

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

SUMMARY: The United States Environmental Protection Agency (USEPA) 
proposes to approve Illinois' November 28, 1994, request to amend the 
marine vessel loading rules for the Chicago and Metro-East areas as 
part of the State's 15 percent (%) Rate of Progress Plan control 
measures for Volatile Organic Matter emissions. The control measures 
require marine terminals, from May 1 through September 15, to operate a 
vapor collection and control system which achieves a 95% control 
efficiency. In the final rules section of this Federal Register, the 
USEPA is approving this action as a direct final rule without prior 
proposal because USEPA views this as a noncontroversial action and 
anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If no adverse comments are 
received in response to that direct final rule, no further activity is 
contemplated in relation to this proposed rule. If USEPA receives 
adverse comments, the direct final rule will be withdrawn and all 
public comments received will be addressed in a subsequent final rule 
based on the proposed rule. USEPA will not institute a second comment 
period on this action. Any parties interested in commenting on this 
notice should do so at this time.

DATES: Comments on this proposed rule must be received on or before May 
3, 1995.

ADDRESSES: Written comments should be mailed to: J. Elmer Bortzer, 
Chief, Regulation Development Section, Regulation Development Branch 
(AR18-J), U.S. Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the State submittal and USEPA's analysis of it are 
available for inspection at: Regulation Development Section, Regulation 
Development Branch (AR18-J), U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Rosanne Lindsay, Regulation 
Development Section, Regulation Development Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-1151.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in the rules section of this Federal Register.

    Dated: February 9, 1995.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 95-8045 Filed 3-31-95; 8:45 am]
BILLING CODE 6560-50-P
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-2018-0025-6111

Aisin World Corp. of 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
[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Page 18163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8700]



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

SMALL BUSINESS ADMINISTRATION


National Small Business Development Center Advisory Board; Public 
Meeting

    The National Small Business Development Center Advisory Board will 
hold a public meeting on May 17, 1995, from 9 am through 4 pm, at the 
U.S. Small Business Administration, 7th Floor, 633 17th Street, Denver, 
Colorado 80202.
    The purpose of the meeting is to discuss such matters as may be 
presented by Advisory Board members, staff of the SBA, or others 
present.
    For further information, write or call Mary Ann Holl, SBA, 4th 
Floor, 409 3rd Street SW., Washington, DC 20416, telephone 202/205-
7302.
Dorothy A. Overal,
Director, Office of Advisory Council.
[FR Doc. 95-8700 Filed 4-7-95; 8:45 am]
BILLING CODE 8025-01-M
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 19, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3693

JLG Industries, Inc:

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 this particular product is available 

only from China.

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
[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Notices]
[Pages 16124-16125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7662]



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

DEPARTMENT OF ENERGY
[Docket No. MT95-8-000]


Columbia Gas Transmission Corp.; Notice of Proposed Changes in 
FERC Gas Tariff

March 23, 1995.
    Take notice that on March 20, 1995, Columbia Gas Transmission 
Corporation (Columbia), tendered for filing to become part of its FERC 
Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, 
to be effective May 1, 1995:

First Revised Sheet No. 552
First Revised Sheet No. 553
First Revised Sheet No. 554
First Revised Sheet No. 571
First Revised Sheet No. 572
First Revised Sheet No. 573

    Columbia is tendering for filing revised portions of its ``Request 
for Service--New Agreement'' and ``Request for Service--Increase in 
Quantity of an Existing Agreement'' forms contained in its FERC Gas 
Tariff. Columbia states that the filing is being made in accordance 
with Order No. 566, which eliminated the requirement in 18 CFR 
250.16(b)(1)(ii) that a pipeline include the information required for a 
Form No. 592 Affiliate Transportation Log in the request for service 
forms in the pipeline's tariff. Under previous regulations, a pipeline 
was required to report certain information on Form No. 592 that a 
pipeline could only obtain through its request for service forms. in 
Order No. 566, ``the Commission is no longer requiring pipelines to 
report these categories of information, and therefore, a tariff 
provision requiring shippers to disclose such information is no longer 
needed.'' Columbia also states that, for administrative convenience in 
processing requests for service making use of Columbia's SIT Rate 
Schedule, it is adding new item ten to the ``Request for Service--New 
Agreement'' form (First Revised Sheet No. 553). Columbia states that 
this is consistent with Section 1 of Columbia's SIT Rate Schedule.
    Columbia states that copies of its filing have been mailed to all 
firm customers and affected state regulatory commissions.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, [[Page 16125]] 825 North Capitol Street, N.E., 
Washington, D.C. 20426, in accordance with Rules 211 and 214 of the 
Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214). All such motions or protests should be filed on or before 
March 30, 1995. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to the proceeding. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public 
inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 95-7662 Filed 3-28-95; 8:45 am]
BILLING CODE 6717-01-M
Exhibit 32.1



CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
18 U.S.C. SECTION 1350



In connection with the Quarterly Report on Form 10-Q of Universal Capital Management, Inc. (the Company) for the quarter ended October 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael D. Queen, President of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to my knowledge:



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 result of operations of the Company.



|                  |  |     |                                         | 
|----------------- |  | --- | --------------------------------------- | 
|December 18, 2007 |  | By: | /s/ Michael D. Queen                    | 
|                  |  |     | Michael D. Queen                        | 
|                  |  |     | President (Principal Executive Officer)
Exhibit 32.2





CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
18 U.S.C. SECTION 1350



In connection with the Quarterly Report on Form 10-Q of Universal Capital Management, Inc. (the Company) for the quarter ended October 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Joseph T. Drennan, Principal Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to my knowledge:

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 result of operations of the Company.



/s/ Joseph T. Drennan

Joseph T. Drennan,

Principal Financial Officer

December 18, 2008
After examining the appellate record, this panel has determined *

unanimously that oral argument would not materially assist in the determination

of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is

therefore submitted without oral argument. This order and judgment is not

binding precedent except under the doctrines of law of the case, res judicata and

collateral estoppel. It may be cited, however, for its persuasive value consistent

with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

F I LED

United States Court of Appeals

Tenth Circuit

March 15, 2007

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

RONALD K. BASSETT,

Petitioner-Appellee,

v.

R. WILEY, Warden,

Respondent-Appellant.

No. 06-1514

District of Colorado

(D.C. No. 06-CV-374-WYD)

ORDER AND JUDGMENT

*

Before MURPHY, McWILLIAMS, and HARTZ, Circuit Judges.

The abatement entered in this matter originally on January 29, 2007, is

lifted. In accord with the response the government submitted to our order dated

February 21, 2007, and more particularly in light of our opinion in Wedelstedt v.

Wiley, __F.3d__, No. 06-1461, 2007 WL 512517 (10th Cir. Feb. 20, 2007), the
-2-

judgment of the district court in this matter is AFFIRMED.

Entered for the Court, 

Per Curiam
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 Quarterly Report of JayHawk Energy, Inc. a Colorado
corporation (the "Company") on Form 10-Q for the period ending December 31,
2009, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), Lindsay E. Gorrill, Chief Executive Officer of the Company,
certifies to the best of his knowledge, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 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 result of operations of the
      Company.





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





/s/
      Lindsay GorrillLindsay
      Gorrill
              Chief
      Executive Officer
              February
      11, 2010
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4614

Apergy ESP Systems, LLC:

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
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

February 3, 2015

d0126 

# Order

Clerk February 3, 2015

149334(24)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 149334

COA: 317960

Saginaw CC: 10

- 034334

- FH

ROBERT LEE ESSEX

, Defendant

- Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s November

25, 2014 order is considered, and it is DENIED, bec ause it does not appear that the order

was entered erroneously.
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-2018-0025-5497

SGRE, Inc:

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
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4982

Apergy ESP Systems, LLC:

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
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-6260

Yanfeng US Automotive Interior Systems I LLC:

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/12.21.18_Notice_of_Product_E

xclusions.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 the 10-digit HTSUS subheading under which your request was filed. 

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