1609002 Informal Interpretation

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From: Storm, Evan
Sent: Tuesday, September 06, 2016 2:52 PM
To:
Subject: RE: Ocean Shipping Sales "in or into" the US
Informal 0307004 is superseded by PNPM 152. “Sales in or into” are the same for both 802.50 and 802.51.
Regards
Evan
From:
Sent: Friday, September 2, 2016 4:25 PM
To: kwalsh@ftc.gov; 'Whitehead, Nora' <nwhitehead@ftc.gov>
Subject: Ocean Shipping Sales "in or into" the US
Kate and Nora –
I am conducting a couple of HSR filing analyses and have two questions on which I would appreciate your advice. I am
sending as two separate e‐mails (and would appreciate two separate responses) because I may forward the responses to
different clients and both issues are not relevant to both clients.
I am having trouble reconciling the attached interpretation from the PNPM and this informal interpretation:
https://www.ftc.gov/enforcement/premerger‐notification‐program/informal‐interpretations/0307004 and I am hoping
that you might be able to help me sort it out.
I read the PNPM interpretation as saying that the PNO’s position for a foreign flagged vessel is that sales in or into the
US would be:
 	Revenues from US imports, regardless of who paid, PLUS
 	Revenues from US exports, regardless of who paid.
I read the informal interpretation as saying sales in or into the US would be:
 	Revenues from US imports only if the recipient is paying, PLUS
 	Revenues from US exports only if the shipper is paying.
Am I misreading one or the other? Also, I note that the PNPM interpretation is specifically about 802.50(a) and the
informal interpretation about 802.51(b). It is not evident to me why “sales in or into” would have a different meaning in
the two sections, but I would be glad to learn.
Any guidance you can provide would be helpful as I actually get this question fairly frequently.

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Thanks,