---
title: "What exemptions from HSR premerger notification exist under 16 CFR 802? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources."
canonical: https://www.m-i-n-d.ai/minds/antitrust/exemptions-hsr-premerger-notification-exist-under-16-cfr-802-answer-under-100
jurisdiction: "US Federal"
last_verified: 2026-09-23
license: CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/
attribution: "Source: MIND (m-i-n-d.ai)"
---

# What exemptions from HSR premerger notification exist under 16 CFR 802? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under 16 CFR 802.1, acquisitions of goods transferred in the ordinary course of business are exempt from HSR notification requirements pursuant to Section 7A(c)(1) of the Clayton Act. Exempt categories include new goods (§ 802.1(b)); current supplies such as inventory, office supplies, and raw materials (§ 802.1(c)); and used durable goods meeting specific criteria, including resale purposes (§ 802.1(d)(1)–(2)), replacement of productive capacity within six months (§ 802.1(d)(3)), or use solely for management and administrative support services (§ 802.1(d)(4)).

## Details / How it works

Section 802.1 implements the statutory exemption in Section 7A(c)(1) of the Clayton Act for acquisitions of goods transferred in the ordinary course of business. The rule identifies three exempt categories: **(b) New goods** — acquisition is exempt unless part of an operating-unit acquisition; **(c) Current supplies** — new or used assets held for resale, consumption, or incorporation into a final product; and **(d) Used durable goods** — goods designed to be used repeatedly with a useful life greater than one year, subject to four alternative criteria.

## Numbers & thresholds

The ordinary-course exemption applies regardless of transaction value, but the examples in § 802.1 use a **$50 million (as adjusted)** threshold to illustrate when notification would otherwise be required. The six-month window in § 802.1(d)(3) governs the replacement-of-productive-capacity criterion.

## Exceptions & edge cases

An acquisition of all or substantially all assets of an **operating unit** is never in the ordinary course of business (§ 802.1(a)). Manufacturing, research and development, testing, and distribution are expressly excluded from 'management and administrative support services' under § 802.1(d)(4). If sold assets also derived revenue from third-party services, the § 802.1(d)(4) exemption does not apply.

## Sources

- [1] U.S. National Archives, Electronic Code of Federal Regulations — 16 CFR 802.1 · https://www.ecfr.gov/current/title-16/section-802.1 · as of 2026-09-23