1107017 Informal Interpretation

Form Item 5
Michael Verne

1) We are only looking for sales of the products
into the US, not total sales of those products
2) No - if a foreign manufacturer sells products to
a third party foreign distributor, those revenues are not reported, even if
the third party sells some or all of the products into the US.


From: (Redacted)
Sent: Thursday, July 28, 2011 10:55AM
To: Verne, B.Michael
Subject: New Item 5 Questions

Good morning Mike,

Hope all is well.

We have a few questionsabout new Item 5 revenue reporting. Reading the Federal Register and the new instructionswith regard to products manufactured outside the U.S. but sold in or into theU.S., there is no mention of "U.S." revenues. Are you looking for allsales of such products since if some are exported to the U.S., all could beexported to the U.S.?

On a related note, if aproduct is manufactured outside the U.S. and transferred to an independentwholesaler outside the U.S., are revenues caught in new Item 5 as thewholesaler may then sell the products into the U.S.? And, even if thewholesaler outside the U.S. is part of the manufacturer, would intercompanyrevenues be included in new Item 5 since the products may be sold into theU.S.?

Thanks for your help,

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