UNIV. OF FL LIB.
GOVERNMENT PRINTING OFFICE:
1Por sale bythe Baperntendent of oumets. ashagtnD. -- Ptric e
Approved Code No. 239--Amendment No. 2
Registry No. 312--04
NATIONAL, RECOVERY ADMINISTRATION
CODE OF FAIR COMIPEITI~IION
AS APPROVED ON MARCH 21, 1935
This plublil-utionl is for sale by the Superintend~ent of D~ocuments, Government
Printing Office, W 'I~lrehingtonl D. C., and by the following N. R. A. offices:
At'lantan, Ga\.: 625 Citizens & Southern National B~ank Buildling.
Baltimtorle, M-~1.: 130 Customhouse.
D~irmlindL11inni, Ala.: 201 Liberty National Lrife~ Buildlingr.
Boston, JInc~. .: Room 120~0, 80 ]Federal Street.
I-uffe ;lo, N. Y.: 210 White Burildine:.
Chican-l. Ill.: Room 204, 400 North Michigan. Avenue.
C1~~tl;veland Ohio.: j000 BulklIey Buildlina.
Dallas, Tex.: '1212 Republie B1ank ]Building.
D~etroit, M~ich.: 415 New Fedratr-l Building.
HouTIII n.11 Te~x.: 403 Mi\ilam Building.
Jackisonville, Fla.: 425 UCnitedl States Courthouse and Post Office
Los Ant-cles~. Calif.: 751 ]Figueroa Street, South.
Mlinneaprlolis, Minn.: 900 Roanokie B3uilding.
Nashville, Tennl.: 415 Cotton States Building.
Newfark, N. J.: 434 Industrial O~ffice ]Building, 1060 Broad Street.
New\\ Orleans, La.: 214 Customlhouse.
New Yorki, N. Y.: 45 Broadway.
Oklahoma City, Okla.: 42'7 Commerce Exchange Builklingr.
Philadelphia, Pa.: 933 Commnercial Trust Building.
Pittsburgh, ]Pa.: 401 Law and F'inance Building.
Portland, Oreg.: 407 Park Building.
Providfence, RE. I.: National Exchanuge Bank Buildinlg, 17 Exchange
St. L;ouis, Mo.: Suite 1220, 506 Olive Stre~et.
San Fl'll'rancisc, Calif.: Humbolt Bank B3uilding, TS3j Market Street.
Seattle, Wash. : 17"30 Exc~hnuge Building.
Approved Code No. 239--Amendment No. 2
A~MEND1MENITT TO CODE OF F`AIIR COMPETITION
PORCELAIN BRtEAKFiiAST FURLNITCURIE
As Approved on March 21, 1935
APPROVING AMENDMENT OF CODE OF PAIR COMPETITION FOR THEIR
PORCELAIN BREAKFAST FURNITURE ASSEMBLING TNDrT'SrY
An application having been duly made pursuanlt to and in full
compliance with the provisions of Title I of the National Inldustrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fiair Competition for the Porcelain Breakfast
FJurniture Atlssembling Industry, and an opportunity to be heard
having been. duly afforded to all interested parties and the annexed
report on said amendment, containing findings with respect thereto,
having been made and directed to the President;
NOWC THEREFORE, on behalf of the 1President of the United.
States, t~he National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6i859, and otherwise; does thereby incorporate,
by reference, said annexed report and does find that said amend.
ment and the Code as constituted after being amended comply iq
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.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A5. HABRRIMAN, Administrative Offecer.
Approval recommended :
JoHN W. Urr,
Acting Division Administrator.
WASHINGTON, D. C.,
March a91, 1985.
REPORT TO THE ]PRESIDENT
The WhSite Hiouse.
Sta: This is a report on the amendment to the Code of fair
Competition for the Porcelain Breakfast ]Furniture Assemnbling In-
dustry, to incorporate provisions governing open price filing and
pricing practices. This amendment was proposed in accordance with
Article IX of th~e Code as approved on July 27, 1934. Notice of Op-
portunity to be Heard was given from Martlch 1, 1935 to March
T'he Assistant Deputy Administrator in his final replor~t to the
National Industrial Recovery Board on said amendlment to said
code having found as herein set forth and on the basis of all the
nnpcroceings~ in this matter:
The Amendmnenlt of Part B of Article VII incorporates the~t pro-
visions for open price ~filing and pricing practices as set forth in
Office Memorandum No. 228, dated June 7, 1934.
Findings: T'he Code as approved, contained provisions for price
filing which have since been found inadiequate. This amnendmllent
will clarify thle e provisions an~d bring said code moret into line with
established N. R. ~A. polic~y.
(a) The amendment to said Code and the Code as amendled are
well designed to promote the policies and purposes of Title I of thle
Na-tional Indlustr~ial Recovery Act including the rem~lo\al of obstrue-
tions to the free flowY of inteltrstte and foreign~ commerce which
tend to diminish the amount thereof, and will provide for thte general
welfare by promlloting the! orgallinizatin of industry for the purpose
of c.ooperative\~ action. of labor and ml~angemne nt ulnder adee unlte gov-
iernmenta~l l .-.ntiOnl and suprisio\i~cn. by eliiin~iinntm un air comi-
pe'titive practices~, by prlomoctingf thec fullest possible ut-;lizaltionl of the
pre-en~lt productiveL I-:pneity of indusltries,: by avoiding undue restric-
ton of production (xcep~clt as may be temporarily rc-qu~irecd), by in-
crelasing! the ctrnlsunipltion of imbsrlfliall and ag*lricultra~r l products
thlllrine increasingly p~urchas1ing~ powerl, by! reducingir; anld relievine~ un-
employmentl~t by improvinb standl~ardls of labor, and by otherwise
(b) Thei Code a nne;lll~r led comlie~l~ S in, all res~pc~ct with~ thec porlti--
non~it prov''ision. of said title of said A~ict, includliing without limlitatfionl
,Cubsor~ction (a) of iSection 3, Subsc~ctioni (a) of Sectionll 7 andl $ub-
.clultionn (b) of Secctionll 10 thereoc~lf.
(C) The1( Code (mpIvers\\('' t~he Clode Author~lity to p)reSI'nt~ the a fore-
saidl :Imlclndmncli t~ on behal~lf of the indu ~try\ as a rho~le.
(d) The amendment and the Code as amended are not designed
to and will not permit mlonoxpolies or monopolistic practices.
(e) The amendment and the Code as amended are not designed
to anld will not eliminate or oppress small enltjr~prises and wi~ill not
operate to discr~iminate against them.
(f) Those engaged in other steps of the economic. process have
not been deprivped of the right to be heard prior to approval of said
For the Naltional Industrial Recovery Board:
WV. A. HtanR~nou
MannEI 21, 1935.AdiittveOfe.
AMENDMENT TO CODE OF FAIR COM/PETITI'[ION~ FOR
THE PORCE~LAIN BREAKFAST FURNITURE ASSEM-
Amend Article VII, by deleting Section 11 of Part B and adding
the following Sections:
SECTION 11. Each member of the Indust~ry shall file with a con-
fidential and disinterested agent of the Code A-uthority, or if none,
then with such. an. agent designated by the National Induxstrial Re-
covery Board, identified lists of all his prices, discounts, rebates, al-
lowances, and all other terms or conditions, of sale hereinaf~ter re~-
ferred to as price terms ', which lists shall completely and accu-
rately conform to and represent the individual pricing practices of
each member. Such lists shall contain the price terms for all such
standard products of the Industry as are sold or offered for sale
by said member, and for such non-standard products of said memI-
ber as shall be designated by the Code Acuthority. Said price terms
shall in the first instance be filed within ten days after the approval
of this provisions. Price terms and revised price terms shall become
effective upon receipt thereof by said agent. Immnediate~ly upon, re-
ceipt thereof, said agent shall by telegraph, or other equally prompt
means notify said member of the time of said receipt. Said lists and
recvisions, together with thne effective time thereof, shall uponl receipt
be immediately and simultaneously distributed to all members of the
industry, anzd to all their customers who have applied therefore and
have offered to defray the cost actually incurred by the Code Au-
thority in the preparation and distribution thereof, and be avatil-
able for inspection by any of their customers at the office of said
agent. Said lists or revisions, or any part thereof, shall not be
m-ade available to any person until released to all member1('1s of the
industry and their customers, as aforesaid; provided, that prices fledl
in the first instance shall not be released until the expirationi of the
alforesaidi ten day period afterl the approval of this amlendmnent.
The Code Authority shall maintain a permanent file of all price
terms filed as herein provided, and shall not decstro~y any p~r~t of
such records except byr written consent of the Nartional Industrial
Re~overyJ Board. Upon request~ the Code Authority shall fu~rnisih
to the National Indus~trial Recover-m y Board, or any duly decsignatted
agent of th~e B~oard~, copies of any such lists or retvisions of price
SECTION 12. WThen any nlmemer of the industry~ has filed any
rev\ision, such membew r sha~ll not fjile a higher price within forty-
eight (48) hours.
SECTION 18. No membercl of th~e inlustr~y shanll sell or offer to sell
any products of the indusl-try, for which prices terms hanve been
filled pursu~ant to thle prov)\isions1 of SeciCf on 11 of Parlt B of Ai~rticle
VII: hereof, except in ne.cora~n~e. wr9ith su~chl terms.
SECTION 14. NO memberI~C of the indulstryS Shall enter into any agrre-
ment, undecrstandingl, comini~iatio~n, or conspiracy, to fix or maintain
price termsl, nor caullse or attemplllt to cause any member of the Industry
to change h~is price. termsj by the use of intimidation, coereson, or ainy
other influence inconsistent with the mlaint~enance of the free and
open market which it is thne purpose of Sections 11 of Part B of
* ALrticle VII hereof, to 16 of this Article to create.
SECTION 15. The standards of fair competition for th~e industry
with reference to pricing practices are declared to be as follows:
(a) W~ilfully destructive price cutting is an unfair method of
competition, and is forbidden. Any member of the industry, or of
any other industry, or the customers of either, mayT at any time comn-
plain to the Code Authority that any filed price constitutes unfair
competition as destructive price cutting, imperiling small enterprise,
or tending toward monoopoly, or the impairment of Code wages and
working conditions. The Code Authority shall within five days
afford an opportunity to the member filing the price to answer such
complaint, and shall within fourteen (14) days make a ruling or
adjustment thereon. Ilf such ruling is not concurred in by either
party to the complaint, all I~papes shall be referred to the~ Rese~arch
and Planning Division of N. R. Atl., which shall render a report and
recommendation thereon to the Nationlal Industrial Board.
(b) W;1hen no declared emergency exists as to any given product,
there is to be no fixed minimum basis for prices. It is intended that
sound cost estimating methods shall be sued and consideration shall
be given to costs in the determination of pricing policy.
(c) WT~hen an emergency exists as to any given product, sale below
the stated minimum price of such product, in, violation of Section
16 hlereof, is forbidden.
SECTION 16. (a) If the National Indactr~ial Recovery 1Board, after
investigation, shall at any time find both (1) that an emergency
has arisen within the industry adversely affecting small enterprises
or wages or labor conditions, or tending towccard monopoly or other
acute conditions which tend to defeat the purposes of the Act; and (2)
that the determination of the stated minimum price for a specified
product within the industry for a limited period is necessary to miti-
gate the conditions constituting such emergency, and to e~ffectuate
the purposes of the Act, the Code Authority may cause an impartial
agency to investigate costs and to recommend to the National Indus-
trial Recovery Board a determinattionl of the stated minimum price
of the product affected by the emergency, and thereupon the Board
shall proceed to determine such stated minimum. price.
(b) When the National industrial Recovery Board shall have deter-
mined such stated minimum price for a .iplecifiedl product for a staltedl
period, which price shall be reasonablycluaetomigeth
conditions of such emergency and to efclectuated the purpoteso the
National Industrial Recovery Act;, it shall publish such price. There-
after, during such stated period, no member of the industry, shall sell
such specified products at a net realized price below said stated mini-
mumn price, and any such, sale shall be deemed destructive price
cutting. From time to time, the Code Authority may recommend
review or reconsideration or the National Industrial Recovery B3oard
may cause any determinations hereunder to be reviewed or recon-
sidered and appropriate action taken.
Section 12 of APrticle VII, Part B, is renumbered to read Section 17.
Apprloved Code No. 239--Amendtmet No. 2.
Registry No. 312-04.
UNIVERSITY OF FLORIDA
3 *1262 08853 8367