Mr. Val A. Browning October 2, 1952 ship any guns at the higher prices until it has completed deliveries of all types and grades of guns called for by the contract at the lower prices. Otherwise, some guns would be invoiced to your company at two price levels during the same period and, even if they were of different types or grades, the invoices would not show the customary differences in prices for the differences in types or grades and might be misunderstood by the appraiser. Furthermore, FN should not accept your offer of high- er prices for additional quantities until it has so completed the contract at the lower prices and, simultaneously with the acceptance of your offer, the of such guns prices it for should home increase correspondingly consumption in Belgium and make them effective concurrently with the first shipment to your company at the higher prices. Otherwise, FN's acceptance of your offer at the higher prices, though relating to future deliveries, would involve an unfavorable comparison with the then existing prices for home consumption in Belgium and might suggest that the latter were artificial and did not represent the dutiable value of the guns which you would import. By adhering my Opinion that there Standpoint, either in spect of their eous existence strictly to the above suggestions, it is would be no difficulty from a customs respect of invoicing the guns or in re- dutiable value. On the other hand, the simultanof two contracts, express or implied, for the same kinds of guns at two price levels would probably require a reference to both contracts on the consular invoices and might also require at the St. filing of copies would also of the contracts with the appraiser Louis. It be preferable new element that, if possible, the matter of obtaining additional quantities at higher prices be deferred until the pending question of the dutiable value of your guns is decided by the appraiser at St. Louis. I say this, because it might inject a of uncertainty into question decision of of dutiable value or, at least, delay that question by the appraiser. still an by This letter is simply exploratory. your company to pay higher prices It for offer quantities of existing contract veries at for the by the guns delivered would lower existing be prices an wikia within contract the inducement and period to the further a assumes that additional covered by an complete the deli- is called a shorter time to deliver additional than quantities