74
Opinion of the Court
confirms both the State's legitimate interest in taxing the transaction and the absence of an attempt to interfere with the free flow of commerce, be it foreign or domestic.
C
We proceed to evaluate the tax under Japan Line's two Foreign Commerce Clause factors. Left to decide whether Tennessee's tax rests on the Japan Line or the Container Corp. side of the scale, we have no doubt that the analysis and holding of Container Corp. control.
Itel asserts that Tennessee's law invites multiple taxation of container leases because numerous foreign nations have a sufficient taxing nexus with the leases to impose equivalent taxes, and many nations in fact would do so were it not for the Container Conventions' prohibitions. As an initial matter, of course, we have concluded that the Conventions do not prohibit Tennessee's sales tax or equivalent taxes imposed by other nations. To the extent Tennessee has invited others to tax cargo container leases, foreign sovereigns, in an exercise of their independent judgment, have chosen not to accept.
Furthermore, the Foreign Commerce Clause cannot be interpreted to demand that a State refrain from taxing any business transaction that is also potentially subject to taxation by a foreign sovereign. "Japan Line does not require forbearance so extreme or so one-sided." Container Corp., supra, at 193. Tennessee has decided to tax a discrete transaction occurring within the State. See Wardair Canada Inc. v. Florida Dept. of Revenue, 477 U. S. 1, 9 (1986). And, according to its interpretation of its revenue code, which we accept, Tennessee credits against its own tax any tax properly paid in another jurisdiction, foreign or domestic, on the same transaction. Tenn. Code Ann. § 67-6-313(f) (1989). By these measures, Tennessee's sales tax reduces, if not eliminates, the risk of multiple international taxation. Absent a conflict with a "consistent international practice
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