Approved Code No. 204-Amendment No. 3 Registry No. 1129-03
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON MARCH 25, 1935
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents. Washington. D. C. - Price 5 cenU
Approved Code No. 204-Amendment No. 3
Registry No. 1129-03
This publicntion is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:
Atlanta, Ga.: 625 Citizens & Southern National Bank Building.
Baltimore, Mll.: 130 Customhouse.
Birminghnm, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Room 1200, 80 Federal Street.
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, -400 North Michigan Avenue.
Cleveland, Ohio.: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
Houston, Tex.: 403 Milam Building.
Jacksonville, Fla.: 425 United States Courthouse and Post Office
Los Angeles. Calif.: 751 Figueroa Street, South.
Louisville, Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenn.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 214 Customhouse.
New York, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Building.
Providence, R. I.: National Exchange Bank Building, 17 Exchange
St. Louis, Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, 785 Market Street.
Seattle, Wash.: 1730 Exchange Building.
Approved Code No. 204-Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
PLUMBING FIXTURES INDUSTRY
As Approved on March 25, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
PLUMBING FIXTURES INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Plumbing Fixtures
Industry, and hearings having been duly held thereon and the an-
nexed report on said amendment, containing findings with respect
thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including Exec-
utive Order No. 6859, dated September 27, 1934, and otherwise; does
hereby incorporate, by reference, said annexed report and does find
that said amendment and the Code as constituted after being
amended comply in all respects with the pertinent provisions and will
promote the policy and purposes of said Title of said Act, and does
hereby order that said amendment be and it is hereby approved, and
that the previous approval of said Code is hereby amended to include
an approval of said Code in its entirety as amended, such approval
and such amendment to take effect twenty days from the date hereof,
unless good cause to the contrary is shown to the National Industrial
Recovery Board before that time and the National Industrial Recov-
ery Board issues a subsequent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
BARTON W. MURRAY,
WASHINGTON, D. C.,
March 25, 1935.
REPORT TO THE PRESIDENT
The White House
SIR: This is a report on an amendment to the Code of Fair Com-
petition for the Plumbing Fixtures Industry as proposed in accord-
ance with Article IX, Section 2 of said Code, and on which a Public
Hearing was conducted in Washington on February 13, 1935. Due
opportunity to be heard was afforded all interested parties.
The amendment provides for the delegation of Article VII, Trade
Practices and Article VIII, Marketing Policies, as well as other
provisions pertaining thereto. The Wage and Hour provisions of
the Code and the number of workers employed are in no way affected
by this amendment.
Article VII prohibits as unfair methods of competition, the fol-
lowing: Discrimination (between purchasers of the same class);
Secret Rebates; Postdating and Predating; Inducing Breach of
Contract; Repudiation of Contracts; Lump Sum and Combination
Bidding; False Marking or Branding; Misrepresentation or False
or Misleading Advertising; Substitution (of inferior articles);
Defamation; Commercial Bribery; Protection (against price ad-
vance or decline); Threats of Litigation; Espionage of Competi-
tors; Used Materials (sale of products of the Industry to second-
hand dealers); and Other Unfair Practices.
Article VIII, lists certain trade practices which are to be followed
in the marketing of products, the deviation from which rules con-
stitutes unfair competition. These practices are:
Orders (limitations on forward contracts)
Invoices (Method of rendering)
Standardization of Products (Establishment of grading rules and
Grading (Prohibition against the sale of seconds in the United
Field Inspection, (Limitations on granting of credits for defective
Consigned Stocks (Prohibition against)
Distribution ((a) Classification of customers, (b) establishment
of selling price floor, (c) conduct of each type of business separately
if engaged in more than one, (d) prohibition against direct sales to
consumer, (e) publication of suggested resale prices to consumer)
Cost Protection (Sales below cost and cost accounting system)
Uniform Terms of Sale (Establishment of, by Code Authority)
Published Lists (Open price filing)
Close-outs (Rules for sale of obsolete material)
Subsection (c) and part of Subsection (b), Section 2 of Article VI,
which are deleted, refer to the investigation of complaints by Fair
Competition Committees. Subsection (d), Section 2, Article VI,
provides for the submission of information to the Code Authority.
Lines four and five of the first paragraph of Section 2, Article IX
make reference to the provisions of Section 7, Article VIII aid are,
The Assistant Deputy Administrator in his final report to the
National Industrial Recovery Board on said amendment to said
Code having found as herein set forth and on the basis of all the
proceedings in this matter:
It is found that:
(a) The amendment to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, sub-section (a) of Section 7, and
sub-section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of said
For these reasons, therefore, this amendment has not been ap-
For the National Industrial Recovery Board:
W. A. HARRIMAN,
MARCH 25, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE PLUMBING FIXTURES INDUSTRY
Article VI, Section 2, Subsection (b)-Delete the first and last
sentences, reading respectively as follows:
It shall investigate complaints of violations of this Code and
shall take such steps as may be necessary to secure an equitable dis-
position of any such complaint."
The Code Authority may, to such extent as it may determine, act
by and through the.Fair Competition Committee of each Industry."
Article VI, Section 2, Subsection (c)-Delete all of this subsection.
Article VI, Section 2, Subsection (d)-Delete all of this subsection.
Article VII, Trade Practices-Delete all of this article.
Article VIII, Marketing Policies-Delete all of this article.
Article IX, Section 2-Delete from lines four and five of the first
paragraph subject, however, to the provisions of Section 7 of
Reletter Subsection (e) of Article VI, Section 2 to read Subsec-
Reletter Article IX to read Article VII.
Reletter Article X to read Article VIII.
Reletter Article XI to read Article IX.
Reletter Article XII to read Article X.
Approved Code No. 204-Amendment No. 3.
Registry No. 1129-03.
Digitized by the Internet Archive
in 2011 with funding from
University ol Florida. George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation
UNIVERSITY OF FLORIDA
IIIIIII B1 lIIIII 11111111111 11111111111111111
3 1262 08584 2044