8906004 Informal Interpretation

(redacted)

Victor Cohen
Premerger Notification Office
Bureau of Competition
Federal Trade Commission
600 Pennsylvania Avenue, NW, Room 303
Washington, D.C. 20580

Dear Mr. Cohen:

Further to my letter to you of June 7, 1989 and our conversation of today, this is to confirm your advice that ocean going containers, owned by a foreign corporation which while under lease to shipping companies, are transitorily in the United States in the process of being loaded, unloaded or transhipped overland, will be considered assets located outside the United States. Thus, whether the acquisition of such assets by a U.S. person is exempt from the requirements of the Act will depend on whether the acquisition of those assets would be exempt under Section 802.50(a) of the Pre-Merger Notification Rules.

If I have incorrectly stated any aspect of our conversation, please let me know immediately.

Sincerely,

cc: (redacted)