For Item 5, it is not necessary to provide aggregate revenue at the 6-digit code level for 10-digit manufacturing codes.
If there is a 10-digit code overlap, check the overlap box in Item 5. If there is only a 6-digit code overlap in a manufacturing code, do not check the overlap box for the 10-digit code in Item 5, but do report the overlap in Item 7.
UPDATE: September 25, 2019: This no longer represents the view of the PNO.
[REDACTED, see responses below in bracketed all caps. Premerger Notification Practice Manual (5th ed) #190 also speaks to these issues.
Timothy (Ty) Carson
Bureau of Competition
Federal Trade Commission
400 7th Street, SW
Washington, DC 20024
Sent: Tuesday, October 04, 2016 4:32 PM
To: Carson, Timothy
Subject: HSR Form Item 5 & 7
Hi Timothy – I have a general question related to completing Items 5 and 7 of the HSR Form with regard to manufacturing codes.
For Item 5, the instructions indicate to only submit data at the 10-digit product code level for manufacturing codes. Can you please confirm that it is not necessary to provide aggregate revenue at the 6-digit code level for manufacturing codes? [CONFIRMED]
Additionally, if there is an overlap for the 10-digit code, do we check the overlap box? [YES, CHECK THE OVERLAP BOX IN ITEM 5]
I’m unclear on that issue based on this sentence of the instructions – “If there is only a 6-digit overlap in a manufacturing code in Item 7, do not check the Overlap box for a related 10-digit code in Item 5.” Does this mean if there is overlap at the 6-digit manufacturing code level but not at the 10-digit code level, that you only report the overlap in Item 7, but you do not check the overlap box for Item 5? [YES]
Thank you for your help!