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

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-4949

Duravant LLC and FMH Conveyors Americas:

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 and 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
exv10w1







Exhibit 10.1




AMENDMENT TO

RULES AND PROCEDURES

FOR

DIRECTORS’ DEFERRED COMPENSATION PROGRAM




The following amendment to rules and procedures governing the deferral by a Non-Employee
Director pursuant to (i) Section 7(b) of the AvalonBay Communities, Inc. 1994 Stock Option and
Incentive Plan, and (ii) Section 8(b) of the AvalonBay Communities, Inc. 2009 Stock Option and
Incentive Plan (the “2009 Plan”), was adopted by the Company’s Board of Directors on February 10,
2010. All capitalized terms used herein shall have the same meaning as used in the 2009 Plan
unless otherwise specifically provided herein.




Section 6 of the Rules and Procedures is amended in its entirety to read as follows:





	 	 	 	“6. Payment. All vested stock units credited to a Non-Employee
Director’s Account shall be paid in shares of Stock to the Non-Employee Director,
or his designated beneficiary (or beneficiaries) or estate, in a lump sum within
30 days after the Non-Employee Director incurs a Separation from Service (within
the meaning of Section 409A of the Internal Revenue Code of 1986, as amended (the
‘Code’) and in accordance with the presumptions set forth in Treasury Regulation
Section 1.409A-1(h)) with the Company; provided, however, that fractional shares
shall be paid in cash, and provided, further, that in the event the Non-Employee
Director is a ‘specified employee’ within the meaning of Section 409A of the Code
and the regulations promulgated thereunder, such distribution shall be made upon
the earlier of the Non-Employee Director’s death, or six months and a day after
his Separation from Service, all Accounts under this deferred compensation
arrangement shall become immediately payable in a lump sum.”
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-2018-0025-5500

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
#### The People of the State of New York, Respondent, v Herminio Villa, Appellant.

Judgment unanimously affirmed. Memorandum: There is no merit to defendant’s contention that the trial court erred by refusing to give a missing witness charge with respect to the People’s failure to call Luis Davila as a witness. Defendant failed to establish that Davila was knowledgeable about a material issue in the case and that he would be expected to testify favorably to the People *(see, People v Gonzalez,*68 NY2d 424, 427-428).

Defendant’s conviction is supported by legally sufficient evidence *(see, People v McManus,*67 NY2d 541, 545; *People v Gomez,*65 NY2d 9,10-11). Defendant’s challenge to the court’s refusal to charge criminally negligent homicide *(see,*Penal Law § 125.10) as a lesser included offense of murder in the second degree *(see,*Penal Law § 125.25 [2]) is foreclosed by reason of the jury’s verdict of guilty of murder in the second degree, the crime alleged in the indictment, and its implicit rejection of the charged lesser included offenses of first and second degree manslaughter *(see, People v Boettcher,*69 NY2d 174, 180; *People v Kern,*149 AD2d 187, 238, *affd*75 NY2d 638); *People v Feris,*144 AD2d 691).

We have reviewed defendant’s remaining contentions, in-*970eluding those raised in his supplemental *pro se*brief, and we find them to be either unpreserved for our review or, where preserved, lacking in merit. (Appeal from judgment of Onondaga County Court, Cunningham, J.—murder, second degree.) Present—Dillon, P. J., Green, Lawton, Davis and Lowery, JJ.
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-2018-0025-5646

Fluor Enterprises, 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
[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Sunshine Act Meetings]
[Page 15953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7746]



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


NATIONAL TRANSPORTATION SAFETY BOARD

TIME AND PLACE: 9:30 a.m., Tuesday, April 4, 1995.

PLACE: The Board Room, 5th Floor, 490 L'Enfant Plaza, S.W., Washington, 
D.C. 20594.

STATUS: Open.

MATTERS TO BE CONSIDERED:

6413A--Aviation Accident Report: Flight Into Terrain During Missed 
Approach, USAir Flight 1016, Douglas DC-9, Charlotte/Douglas 
International Airport, Charlotte, North Carolina, July 2, 1994

NEWS MEDIA CONTACT: Telephone: (202) 382-0660.

FOR MORE INFORMATION CONTACT: Bea Hardesty, (202) 382-6525.

    Dated: March 24, 1995.
Bea Hardesty,
Federal Register Liaison Officer.
[FR Doc. 95-7746 Filed 3-24-95; 3:33 pm]
BILLING CODE 7533-01-P
#### STATE of Missouri, Respondent, v. Mark WESTERGAARD, Appellant. Mark WESTERGAARD, Movant-Appellant, v. STATE of Missouri, Respondent.

Nos. 60982, 62793.

Missouri Court of Appeals, Eastern District, Division One.

Aug. 3, 1993.

Judith C. LaRose, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Michael J. Runzi, Asst. Atty. Gen., Jefferson City, for respondent.

Before CRANDALL, P.J., and REINHARD and CRIST, JJ.

*ORDER*

PER CURIAM.

Defendant, Mark Westergaard, appeals from the judgments of conviction for two counts of burglary in the second degree, attempted burglary in the second degree, felony stealing, and misdemeanor stealing. He was sentenced as a persistent offender to terms of twelve years, twelve years, ten years, and twelve years, all sentences to run concurrently. He was fined $150.00 for the count of misdemeanor stealing. Defendant also appeals from the denial of his Rule 29.15 motion, without an evidentia-ry hearing.

In regard to defendant’s direct appeal, no jurisprudential purpose would be served by a written opinion. The judgments of conviction are affirmed. Rule 30.25(b).

The judgment of the trial court denying defendant’s Rule 29.15 motion is based on findings of fact that are not clearly erroneous; no error of law appears. An opinion would have no precedential value. The judgment is affirmed. Rule 84.16(b).
<PAGE>

                                                                    EXHIBIT 23.1

                           CONSENT OF BDO SEIDMAN, LLP


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

MULTIMEDIA GAMES, INC.
AUSTIN, TEXAS

We hereby consent to the incorporation by reference in the registration
statements of Multimedia Games, Inc., on Form S-8 (File No. 333-23123, and File
No. 333-51072) and Form S-3 (File No. 333-30721 and File No. 333-64128) of our
report dated November 16, 2001, relating to the consolidated financial
statements and schedule of Multimedia Games, Inc. appearing in the Company's
Annual Report on Form 10-K for the year ended September 30, 2001.


BDO Seidman, LLP

Houston, Texas
December 21, 2001
EXHIBIT 32.2





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 American Bio Medica Corporation (the “Company”) on Form 10-K for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on March 25, 2011 (the “Report”), I, Stefan Parker, Chief Financial Officer and Executive Vice President of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.




/s/ Stefan ParkerStefan ParkerChief Financial OfficerPrincipal Financial OfficerExecutive Vice President, FinanceMarch 25, 2011
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/A 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, Theresa Q. Hoffmann, Vice President of Finance 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/ Theresa Q. Hoffmann

Theresa Q. Hoffmann

Vice President of Finance (Principal Financial Officer)

August 13, 2009
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-2018-0025-5493

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 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

March 15, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4986

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
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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-2018-0025-6424

Sims Group USA Holdings Corporation, dba Sims Metal Management: 

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
<PAGE>   1
                                                                  EXHIBIT 99 (B)



INDEPENDENT ACCOUNTANTS' REPORT


The Board of Directors
Greenwood Trust Company and
Wilmington Trust Company:

We have examined management's assertion, included in the accompanying
"Management's Report on Internal Control Related to Servicing Procedures," that
Greenwood Trust Company ("GTC") maintained effective internal control over
financial reporting as of November 30, 1999, insofar as such internal control
relates to the servicing procedures provided by GTC to prevent or detect
misstatements due to error or fraud in amounts that would be material in
relation to the assets of the Discover Card Trust 1993B (the "Trust") under the
Pooling and Servicing Agreement Sections 3.02, 4.03, 4.06, 4.07, 4.09, and 8.07,
dated February 1, 1993 (the "Agreement"). Management is responsible for
maintaining effective internal control over financial reporting. Our
responsibility is to express an opinion on management's assertion based on our
examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants and,
accordingly, included obtaining an understanding of internal control over
financial reporting, testing, and evaluating the design and operating
effectiveness of internal control, and performing such other procedures as we
considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion.

Because of inherent limitations in any internal control, misstatements due to
error or fraud may occur and not be detected. Also, projections of any
evaluation of internal control over financial reporting to future periods are
subject to the risk that the internal control may become inadequate because of
changes in conditions, or that the degree of compliance with the policies or
procedures may deteriorate.

In our opinion, management's assertion that GTC maintained effective internal
control over financial reporting as of November 30, 1999, insofar as such
internal control relates to the servicing procedures provided by GTC, to prevent
or detect misstatements due to error or fraud in amounts that would be material
in relation to the assets of the Trust under the Agreement, taken as a whole, is
fairly stated, in all material respects, based on the criteria established in
Internal Control - Integrated Framework issued by the Committee of Sponsoring
Organizations of the Treadway Commission.



<PAGE>   2


This report is intended solely for the information and use of the Board of
Directors and management of GTC, Wilmington Trust Company as Trustee, and the
Investor Certificateholders, and is not intended to be and should not be used by
anyone other than these specified parties.



                                                    /s/ Deloitte & Touche, LLP
                                                    ----------------------------


January 21, 2000