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

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5904

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
EXHIBIT 32.1

CERTIFICATIONS OF THE PRINCIPAL EXECUTIVE OFFICER Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report of Lucas Energy, Inc. (the Company) on Form 10-Q for the three month period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, William A. Sawyer, 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, to the best of 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 consolidated financial condition and results of operations of the Company.

/S/William A. SawyerWilliam A. SawyerPresident and Chief Executive OfficerFebruary 13, 2009

1

---
[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Notices]
[Page 19590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9662]



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


ENVIRONMENTAL PROTECTION AGENCY
Office of Pollution Prevention and Toxics

[OPPTS-44616; FRL-4949-7]


TSCA Chemical Testing; Receipt of Test Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the receipt of test data on 1,3,5-
trimethylbenzene (CAS No. 108-67-8), submitted pursuant to a final test 
rule under the Toxic Substances Control Act (TSCA). Publication of this 
notice is in compliance with section 4(d) of TSCA.

FOR FURTHER INFORMATION CONTACT: James Willis, Acting Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-543B, 401 
M St., SW., Washington, DC 20460, (202) 554-1404, TDD (202) 554-0551.

SUPPLEMENTARY INFORMATION: Section 4(d) of TSCA requires EPA to publish 
a notice in the Federal Register reporting the receipt of test data 
submitted pursuant to test rules promulgated under section 4(a) within 
15 days after it is received.

I. Test Data Submissions

    Test data for 1,3,5-trimethylbenzene were submitted by Koch 
Industries, Inc., pursuant to a test rule at 40 CFR 799.5075. They were 
received by EPA on February 9, 1995. The submission describes a 14-day 
oral gavage toxicity study in rats with a recovery group. This chemical 
is used as an intermediate in the production of an antioxidant for 
plastics.
    EPA has initiated its review and evaluation process for these data 
submissions. At this time, the Agency is unable to provide any 
determination as to the completeness of the submissions.

II. Public Record

    EPA has established a public record for this TSCA section 4(d) 
receipt of data notice (docket number OPPTS-44616). This record 
includes copies of all studies reported in this notice. The record is 
available for inspection from 12 noon to 4 p.m., Monday through Friday, 
except legal holidays, in the TSCA Public Docket Office, Rm. B-607 
Northeast Mall, 401 M Street SW., Washington, DC 20460.

    Authority: 15 U.S.C. 2603.

List of Subjects

    Environmental protection, Test data.

    Dated: April 10, 1995.
Charles M. Auer,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.
[FR Doc. 95-9662 Filed 4-18-95; 8:45 am]
BILLING CODE 6560-50-U
* 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. 98-10256 

Summary Calendar

 

MACK HARVEY COLEMAN,

Plaintiff-Appellant,

versus

D. POLLOCK, Captain; THOMPSON, Lieutenant;

KENNELLY, Lieutenant; HALLEBURTON, Sergeant;

GUTIERREZ, Correctional Officer III; MS. PIKE,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:97-CV-69

- - - - - - - - - -

October 19, 1998

Before DAVIS, DUHE’, and PARKER, Circuit Judges.

PER CURIAM:*

Mack Harvey Coleman, Texas prisoner #552048, proceeding pro

se and in forma pauperis (IFP), appeals the district court’s

dismissal of his civil rights lawsuit, 42 U.S.C. § 1983, for

failure to prosecute, namely, for failure to comply with the

magistrate judge’s order to supply clarifying financial

information regarding his IFP application. The district court

did not abuse its discretion in dismissing the case for failure 
No. 98-10256

-2-

to comply with its order. See McCullough v. Lynaugh, 835 F.2d

1126, 1127 (5th Cir. 1988); Fed. R. Civ. P. 41(b).

Coleman’s allegations, raised for the first time in this

court, regarding an assault by a fellow inmate on March 7, 1998,

and deliberate indifference, retaliation, and discrimination by

prison officials in the Neal Unit where Coleman is currently

incarcerated, do not amount to plain error. See Douglass v.

United Serv. Auto. Ass’n, 79 F.3d 1415, 1428 (5th Cir.

1996)(review of issues raised for the first time on appeal is

limited to plain error)(en banc); Robertson v. Plano City of

Texas, 70 F.3d 21, 23 (5th Cir. 1995); see United States v.

Vital, 68 F.3d 114, 119 (5th Cir. 1995)(factual issues which are

capable of resolution by the district court cannot rise to the

level of plain error); Gabel v. Lynaugh, 835 F.2d 124, 125 (5th

Cir. 1988). 

Coleman’s motion for injunctive relief against prison

official’s of Neal Unit who were not parties to the instant

§ 1983 complaint is DENIED. See Fed. R. App. P. 8(a).

Coleman’s appeal is without arguable merit and thus

frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.

1983). Because the appeal is frivolous, it is DISMISSED. See

5th Cir. R. 42.2.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

295 

KA 12-01680 

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND WHALEN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT 

V MEMORANDUM AND ORDER

RAFAEL DIAZ, DEFENDANT-APPELLANT. 

 

EASTON THOMPSON KASPEREK SHIFFRIN LLP, ROCHESTER (BRIAN SHIFFRIN OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (GEOFFREY KAEUPER OF

COUNSEL), FOR RESPONDENT. 

 

Appeal, by permission of a Justice of the Appellate Division of

the Supreme Court in the Fourth Judicial Department, from an order of

the Monroe County Court (James J. Piampiano, J.), entered August 21,

2012. The order denied defendant’s motion pursuant to CPL 440.10 to

vacate the judgment convicting defendant of murder in the second

degree and robbery in the first degree. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed. 

Memorandum: Defendant was convicted following a jury trial of

murder in the second degree (Penal Law § 125.25 [3] [felony murder])

and robbery in the first degree (§ 160.15 [4]), and the judgment of

conviction was affirmed on appeal (People v Diaz, 38 AD3d 1314, lv

denied 9 NY3d 864). Defendant thereafter moved pursuant to CPL 440.10

to vacate the judgment on the ground that he was denied effective

assistance of counsel at trial. County Court summarily denied the

motion, and we granted defendant’s CPL 460.15 application for a

certificate granting leave to appeal.

“To prevail on a claim of ineffective assistance of counsel, it

is incumbent on defendant to demonstrate the absence of strategic or

other legitimate explanations” for defense counsel’s allegedly

deficient conduct (People v Rivera, 71 NY2d 705, 709; see People v

Benevento, 91 NY2d 708, 712-713). At trial, the People were limited

to using the indicted robbery as the underlying felony for the felony

murder charge, and were precluded from using an unindicted robbery of

the murder victim as the underlying felony (see Diaz, 38 AD3d at

1314). In his CPL 440.10 motion, defendant contended that trial

counsel was ineffective in failing to use the statement of his

codefendant at trial inasmuch as that statement supported the theory

that the fatal shooting occurred during the robbery of the murder
-2- 295 

KA 12-01680 

victim and not the victim of the indicted robbery. We reject that

contention inasmuch as the statement of the codefendant, together with

the other evidence at the trial, established that the fatal shooting

occurred during the robbery of both the murder victim and the victim

of the indicted robbery. The statement of the codefendant would not

have undermined the People’s theory and proof at trial but, rather,

would have undermined trial counsel’s reasonable defense strategy to

preclude any evidence of the unindicted robbery. Trial counsel’s

decision not to use the statement of the codefendant therefore cannot

be characterized as ineffective assistance of counsel (see Benevento,

91 NY2d at 712-713).

Entered: March 28, 2014 Frances E. Cafarell

Clerk of the Court
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-2018-0025-4103

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
[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Page 3272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-941]



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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice (95-002)]


NASA Advisory Council; Task Force on Shuttle-Mir Rendezvous and 
Docking Missions; Meeting

AGENCY: National Aeronautics and Space Administration.

ACTION: Notice of meeting.

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

SUMMARY: In accordance with the Federal Advisory Committee Act, Pub. L. 
92-463, as amended, the National Aeronautics and Space Administration 
announces a meeting of the NASA Advisory Council, Task Force on 
Shuttle-Mir Rendezvous and Docking Missions.

DATE: February 19, 1995, 10 a.m. to 5:30 p.m.

ADDRESS: National Aeronautics and Space Administration, 2 Independence 
Square, Room 9H40, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT:
Mr. William L. Vantine, Code M, National Aeronautics and Space 
Administration, Washington, DC 20546, 202/358-1698.

SUPPLEMENTARY INFORMATION: The meeting will be open to the public up to 
the seating capacity of the room. The agenda for the meeting is as 
follows:

--Review the upcoming Shuttle-Mir missions from the following 
perspectives: training, operations, rendezvous and docking.

    It is imperative that the meeting be held on this date to 
accommodate the scheduling priorities of the key participants. Visitors 
will be requested to sign a visitor's register.

    Dated: January 9, 1995.
Timothy M. Sullivan,
Advisory Committee Management Officer.
[FR Doc. 95-941 Filed 1-12-95; 8:45 am]
BILLING CODE 7510-01-M
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 Vystar Corporation (the “Company”) on
Form 10-Q for the quarter ended June 30, 2010 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), the undersigned,
William R. Doyle, Chairman, President and Chief Executive Officer of the
Company, and Jack W. Callicutt, Chief Financial Officer of the Company, each do
hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of our
knowledge:





(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 results of operations of the
  Company.




/s/ William R.
  DoyleWilliam
      R. DoyleChairman,
      President and Chief Executive OfficerAugust
      16, 2010/s/ Jack W.
  CallicuttJack
      W. CallicuttChief
      Financial OfficerAugust
      16, 2010




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




The
foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and is not
to be incorporated by reference into any filing of Vystar Corporation,
whether made before or after the date hereof, regardless of any general
incorporation language in such filing.
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-6530

GEORGE A. BRANDON, 

 Plaintiff – Appellant, 

 v. 

MICHAEL WADE, Sheriff, 

 Defendant – Appellee. 

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Raymond A. Jackson, District 

Judge. (2:07-cv-00509-RAJ-JEB) 

Submitted: January 14, 2010 Decided: January 20, 2010 

Before MOTZ, GREGORY, and SHEDD, Circuit Judges. 

Affirmed by unpublished per curiam opinion. 

George A. Brandon, Appellant Pro Se. Leslie A. Winneberger, 

BEALE, BALFOUR, DAVIDSON & ETHERINGTON, PC, Richmond, Virginia, 

for Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

George A. Brandon appeals the district court’s order 

denying relief on his 42 U.S.C. § 1983 (2006) complaint. We 

have reviewed the record and find no reversible error. 

Accordingly, we deny Brandon’s motion for appointment of counsel 

and affirm for the reasons stated by the district court. 

Brandon v. Wade, No. 2:07-cv-00509-RAJ-JEB (E.D. Va. filed 

Jan. 30, 2009 & entered Feb. 3, 2009). We dispense with oral 

argument because the facts and legal contentions are adequately 

presented in the materials before the court and argument would 

not aid the decisional process. 

AFFIRMED
Exhibit 32.2



Certification of CFO under Section 906



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 Trump Atlantic City Associates, Trump Atlantic City Funding, Inc., Trump Atlantic City Funding II, Inc. and Trump Atlantic City Funding III, Inc. (the Companies) on
Form 10-K for the year ending December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Francis X. McCarthy, Jr., the Chief Financial Officer of the Companies, 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 Companies.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------



|                                    
|------------------------------------
|/s/ FRANCIS X. MCCARTHY, JR.        
|Francis X. McCarthy, Jr.            
|Chief Financial Officer of          
|Trump Atlantic City Associates      
|Trump Atlantic City Funding, Inc.   
|Trump Atlantic City Funding II, Inc.
|Trump Atlantic City Funding III, Inc



March 31, 2005



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

---

Exhibit 13.2

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 Gilat Satellite Networks Ltd. (the Company) on Form 20-F for the period
ending December 31, 2006 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Tal Payne, principal financial officer of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted § 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.

/s/ Tal Payne
Tal Payne
Chief Financial Officer
March 28, 2007



---

---
**EXHIBIT      32 **

**CERTIFICATION**

**OF**

**CHIEF      EXECUTIVE OFFICER**

**AND**

**CHIEF      FINANCIAL OFFICER**

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

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   |                                                                    |                                                  |
|--------|-------------------------------------------------------------------------|-------------------------------------------------------|
|   | By:                                                           | /s/                Richard Man                Fai Lee |
|   | Richard Man Fai Lee                                                     |
|   | Chief Executive Officer(Principal                    Executive Officer) |

|                                                    |                                                                                     |                                                       |
|---------------------------------------------------------|------------------------------------------------------------------------------------------|------------------------------------------------------------|
|                                                    | By:                                                                            | /s/                  Joseph Tik                  Tung Wong |
|                                                    | Joseph Tik Tung Wong                                                                     |
|                                                    | Chief Financial Officer(Principal                      Financial and Accounting Officer) |
|                                                    |                                                                                     |
| November                    13,                    2008 |                                                                                     |