1908001 Informal Interpretation

Date:

Tags:

Rule:
Item 5, 803.1
Staff:
Sam Sheinberg
Response/Comments:

An acquiring person must make an HSR filing for a pending transaction.  The acquiring person reports revenues in various industries, but the transaction has the following overlaps:

311119                        Other Animal Food Manufacturing

2001475000                Manufacturing of frozen cakes, pies, and other pastries

811191                        Automotive Oil Change and Lubrication Shops

The acquiring person’s Item 5 would look like this:

 

6-DIGIT INDUSTRY CODE AND/OR
10-DIGIT NAPCS-BASED PRODUCT CODE

DESCRIPTION

YEAR
2018
TOTAL DOLLAR REVENUES
($MM)

Overlap

311119

Other Animal Food Manufacturing

100.0

2034500000

Manufacturing of complete swine feed, supplements, concentrates, and premixes

50.0

2034525000

 

Manufacturing of complete beef cattle feed, supplements, concentrates, and premixes

50.0

311812

Commercial Bakeries

40.0

2001450000

Manufacturing of other sweet goods (doughnuts, pastries, coffee cakes. etc.), excluding cookies and frozen sweets

25.0

2001475000

Manufacturing of frozen cakes, pies, and other pastries

15.0

333414

Heating Equipment (except Warm Air Furnaces) Manufacturing

65.0

2038650015

Manufacturing of parts and attachments for gas burners

65.0

611430

Professional and Management Development Training

50.0

722511

Full-Service Restaurants

100.0

811191

Automotive Oil Change and Lubrication Shops

40.0

 

If there is only a 6-digit NAICS code overlap, filers should only check the overlap box for that code, see 311119 above.  If there is a 10-digit NAPCS code overlap, filers should check the overlap box for that code and the overlap box for the associated 6-digit NAICS code, see 2001475000 and 311812 above. 

In the chart, all 10-digit NAPCS codes add up to the amount in the associated 6-digit NAICS manufacturing codes. In addition, the 6-digit NAICS codes and the 10-digit NAPCS code(s) are all in ascending order, with the 10-digit NAPCS codes listed directly below the associated 6-digit NAICS manufacturing codes. 

Note 811191 for an overlap in a non-manufacturing 6-digit NAICS code.

For more information, see the Item 5 Tip Sheet.

 

 

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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