1205017 Informal Interpretation

Date:
Rule:
Form Item 5
Staff:
Michael Verne
Response/Comments:

  – YES.

Question

From:

(redacted)

Sent:

Wednesday, May 23, 2012 10:16 AM

To:

Verne, B. Michael

Subject:

Item 5 question

Mike,

I'dappreciate your guidance on this Item 5 question.

Hereis the background: My client manufactures custom manufacturing equipment (Le.,my client builds equipment that its customers then use to build the productsthe customers sell). Along with the equipment it manufactures, my clientprovides project design services and installation of the specialized equipmentthat it constructs. The client does not separate out revenues attributed to thedesign and installation services from the manufactured equipment revenues. Any effortto try to separate out those revenues would result in highly speculativeand inexact numbers.

Hereis the question: May the client report all of the revenues in response to Item 5in the relevant 10-digit NAICS codes for the types of equipment itmanufactures?

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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