2010007 Informal Interpretation

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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.

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