- 141 - is also the rate used by one of respondent’s experts and by petitioners’ expert, albeit in a discounted form. Respondent relied on the expertise of Keith Reams, who used a 1-percent rate to arrive at the royalties listed above. We approve Reams’ approach, with the exception that the royalty rate should be reduced to .75 percent. C. Imbalance and Transfer Fees Beginning in 1974, DHL performed delivery services in the United States for DHLI. The services took the form of the delivery of inbound items and the transfer of items passing through the United States from one foreign jurisdiction to another. Similarly, DHLI performed delivery (but no transfer) services for DHL in DHLI’s international jurisdictions. Until 1987, no reimbursement (of any kind) was made to either entity. In 1987, procedures were implemented that provided that the party with excess outbound shipments to be delivered in the other’s jurisdiction would pay a cost-plus-2-percent payment to the party that handled the excess shipments. For 1987 through 1990, DHL handled DHLI’s shipments that were in excess of DHL’s outbound shipments (to be delivered outside the United States). Similar provisions were made for payment for transfer items, which occurred only in connection with the movement of items through the United States, and so payments were to be made only by DHLI to DHL. Respondent does not question DHL’s and DHLI’s 1987 agreement or their methodology, but argues that imbalancePage: Previous 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Next
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