us-ftc-hsr-informal-interpretations-ca910a3d5412540b6113650716bd522a•2010007 Informal Interpretation
2010007 Informal Interpretation
us-ftc-hsr-informal-interpretations-ca910a3d5412540b6113650716bd522a2010007 Informal InterpretationGuidance
Tags:
Confirmed.
Question
From: [Redacted]
Sent: Friday, October 9, 2020 6:48:18 PM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Subject: Question Regarding Item 5 of the HSR Form
Hi all,
I would like to confirm my understanding on determining sales in or into the U.S. for the purpose of reporting Item 5 revenues.
In Informal Interpretation #1006102 (June 30, 2010) (https://www.ftc.gov/enforcement/premerger-notification-program/informal-interpretations/1006012), the PNO previously advised that the sale of bananas to a U.S. army base in Iraq, where title and risk of loss of the bananas passed in Iraq, was not considered a sale in or into the United States for the purposes of 802.51.
Please confirm that the same would hold true for Item 5 purposes where there are non-manufacturing revenues derived from activities on a U.S. army base and U.S. embassy in a foreign country. The activities in this instance are services provided to U.S. military and embassy personnel.
1 Sheinberg, Samuel I. From: Sheinberg, Samuel I. Sent: Tuesday, October 13, 2020 10:02 AM To: Cc: Subject: RE: Question Regarding Item 5 of the HSR Form Confirmed. From: Sent: Friday, October 9, 2020 6:48:18 PM (UTC-05:00) Eastern Time (US & Canada) To: Subject: Question Regarding Item 5 of the HSR Form Hi all, I would like to confirm my understanding on determining sales in or into the U.S. for the purpose of reporting Item 5 revenues. In Informal Interpretation #1006102 (June 30, 2010) (https://www.ftc.gov/enforcement/premerger‐notification‐ program/informal‐interpretations/1006012), the PNO previously advised that the sale of bananas to a U.S. army base in Iraq, where title and risk of loss of the bananas passed in Iraq, was not considered a sale in or into the United States for the purposes of 802.51. Please confirm that the same would hold true for Item 5 purposes where there are non‐manufacturing revenues derived from activities on a U.S. army base and U.S. embassy in a foreign country. The activities in this instance are services provided to U.S. military and embassy personnel.
2
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