IMHO XXII does not have to "open a...manufacturing facility outside the U.S." and sell anywhere but the U.S."
The have approval to manufacture in the U.S....they can just export and not sell in U.S. (22nd Century Group Subsidiary Goodrich Tobacco Company Granted Federal Permit to Manufacture Tobacco Products)
p.s. ... for clarification they can manufacture and sell in U.S. now, but they would not get the blanket protection MSA membership affords, without being a part of it.
Secure overseas distribution, open plant now, manufacture and export for distribution overseas....end of story.
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