2010007 Informal Interpretation

Date:

Tags:

Rule:
Item 5
Staff:
Sam Sheinberg
Response/Comments:

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.

 

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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