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0508005 Informal Interpretation
us-ftc-hsr-informal-interpretations-1b2f30529094ea133cf89b20482a2c820508005 Informal InterpretationGuidance
Date
Rule
Form Item 5
Response/Comments
Any shipments that originate from a U.S. establishment or are booked though a U.S. establishment would be considered U.S. operations. #4 the lease payout would not be U.S. operations.
Question
From: (redacted)
Sent: Wednesday, August 10, 2005 2:36 PM
To: Verne, B. Michael
Cc: Peay, Sandra M.
Subject: US revenue Question
For purposes of Section of the Form, and in connection with thefollowing fact pattern, what would be considered US revenue?
The company in question derives revenue primarily from the airshipping business.
1. Are shipments that originate in the US and are delivered outside of the USconsidered US operations?
2. Are shipments that originate outside the US and are delivered inside the USconsidered US operations?
3. Does it make a difference whether the order is placed in a US office or an overseas office?
4. If leases for airplanes take place outside the United States, if the lessee chooses to bring theplane into the US (it is totally up to the lessee where heflies the plane), would those lease payments be considered revenues fromoperations in the US?
If you could let me know it would be appreciated. If you'd like tocall me by phone, I can be reached at (redacted). Thank you.
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