Code appendix for the industrial wire cloth manufacturing industry (a subdivision of the fabricated metal products manuf...


Material Information

Code appendix for the industrial wire cloth manufacturing industry (a subdivision of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on February 8, 1935
Portion of title:
Industrial wire cloth manufacturing industry
Physical Description:
9 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Wire netting -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1151-12."
General Note:
"Approved Code No. 84--Appendix No. 5."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004939990
oclc - 652681843
System ID:

Full Text

I' -- -- ...`'.. I
For sale by the Sulperintendent of Dteaet, Washington, D. C. I c c Price 5 coenta

Approved Code No. 84--Appendix No. 5

Registry No. I151--12








(A Subdivision of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)


This publication is for sale by the Superintendent of Doc~uments, Government
Printing Office, Washington, D). C., and by district. oflces of the Bureau of
Foreign, and Domestic Commerce.


Atlanta, Ga.: 504 Post Oftfice Building.
Birmingham, Ala.: 257 Frederal Building.
Boston, Mass. : 1801 Custombhouse.
Buffalo, N. YZ.: Chamber of Commerce Building.
Charleston, 8. C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mlich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianatpolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
NewF Orleans, La.: Room 225-A, Customnhouse.
New York, N. Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland. Or~e;.: 215 Newt Post Office B~uilding.
St. Louis, M~o.: 5110 Olive Street.
San Frnlneleco, Calif.: 310 Customhouse.
Seattle, W~ash.: 809 Federal Office Building.

Approved Code No. 84---ppendix No. 5



As Approved on February 8, 1935



An application harvinga been duly made pursuant to and in full
compliance with the provisions of Title I of th~e National Industrial
Recovery Act, approved June 16j, 1933, and in accordance with the
p'rovisio~ns of Section 4 of Article I[V of the Code of Fair Competition
for the Fabricated Mletal Products Mlanufacturing and Mertal Fiinish-
ing and Metal Coating Industry, approved November 2, 1933, as
amended June 1, 19341, for approval of an Appcnd~ix estab~lishing~
trade practice provisions for the Industrial Wire Cloth JIinnofa00rL-11'
:ing Subdivisionr of saidl Industry, and Notice of Opportunity to be
HIeard having been duly publicized, and objections having been re3-
ceived and dulyj considered thereon; and the annexred report on1 said
ALppendix to said Code containing findings withz respect therto,cc hav-
ing been made and directed to the President:
NOWYI, THEREFEORE, on behalf of the President of the United~.
States, tlhe National Indlustr~ial Recovery Board, pulr untl to author-
ity rested in it by ]Executive Orders of the President, including
Executive Order No. 6859, dated September 27, 11034, andl otherwiise;
does hereby incosrpora~te by reference said annexecd report and does
find that said Appendlix to said Code complies in all respects with
thne pertinent provisions and will promote the policy and purplo e~s
o~f said Title of said Act; and does hereby order that said Appendixr
of said Code of Fair Comp~etition be and it is hereby approved:
PROVSI[DED, HOW~EV'ER, that the operation of thze pro~visionrs
of Section A of Article VT of the Code of F~iair Competition for the
Fabricated Mietal1 Prodlucts Mannufacturing~ and Jfetal Finishing and
Metal Coatings Industry be and it is hlereby stayed as to all members
1144 36*0--51&-35-----35 Il l

of the Industrial
Industry subject
Board maay by its

'Wire Cloth. Manufacturing Subdivision of said
ther~leto, until the Natiornal Industrial Reco-very
order otherwise direct.
By W. A. HARRIMAN~, admi~2istrautive O~f)Zeer.

Approval r~comm~ended :
Actiin9 D3ivision Administrator.
Fliebruary 8, 1935.


The Wh~iite House.
SmR: ThIis is a report on an AIppendlix to the Code of Fair Compe-
tit~ion for the Fabricated M\Ietal Products M~anufacturing and M~etal
Finishing and Mletal Coating Industry, approved on November 2,
1933, anid as amecnded~ on June 1, 1934.

The Indlustrial Wire Cloth Manu~fac~turingn Industry, being truly
representative of this Subdivision of the Fabricated Metal Products
Mlanufacturinin and Metal F'inishingr and 1Metal Coating Industry,
has elected to avail itself of the option of operating under the Code
for the Fab~ricated Metal Products Manufacturing and Meital Fliinish-
ing andl Aletal Coating Industry, with the assistance of additional
fair trade practice provisions.


Parnlagraph A, accurately defines the term "CIndustrial WCCire Cloth
M~anulfacturin lg Subdivision."
Paragraphl B3, sets up a governing body consisting of members of
the Subdivision and. also provides for an. Administration Mathe11,r.
This gaoverningr body is to be known as the Subdivisional Conunittee
for the Indusltr~ial Wire Cloth Marnufacturing Subdivision.
Palragraph, C, prescribes the effective date of the App~endix.

Section 1. provides for the formnulatinga of methods of cost finding
and accounting capable of use by all members of this Subdivision.
dSection 2, provides for open price filing by the Inlurllbers of the sub-
Section 3, provides for standards of fair competition with refer-
ence to pricing practices, such as wilfully des.tructive price cutting,
and dleclar~ed emergency conditions.
Section 4, provides for the determination of a lowest reasonrable
cost in the ev\ent of a dlestrlct ive price cutting emergency.
Section 5, provides against indemnifying a purchlaser against either
a decline or an advance in price.
Section 6i, provides that no purchaser shall receive advance notice
of any change in price or condition of sale.
Section 7, provides that full specifications covering quantity, price
and fixedl delivery date shall accompany orders.
aculdt Section 8, provides tht an invoice~~i''C~ must be dated as of the
Section 9, sets forth the practice of combination sales.
Section 10, provides against inducing breach of contract.

Section 11, provides against consignment shipments.
Section~ 12, sets forth the practices in .referecnce to return of obso-
letei products.
Section 13, provides against conequential damag~es.
Section 1_4, provides against substitution.
Section 15, provides that products are to be described iix terms
common to the Subdlivision. ,
Section 16, relates to the classification of customers.

The Deputy AQdministrator in his final report to the Board, on
said Appendixs to said CIode having found as herein set forth -and
on the basis of all the proceedings mn this matter:
It has been found that:
(a) Said At3ppendix to said Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of inltetrstate
and foreign commerce which tend to diminish the amlounlt thereof
and will provide for the general welfare by promoting the orgaani-
zation of industry for the purpose of cooperative action among the
trade groups, by inducingf and maintaining united action of labor
and management under adequate, governmental sanctions and super-
vision, by elimninatinga 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 products through increasing purchasing
power, by reducing and relieving unemployment, by improving
standards of labor, and by otherwise rehabilitating industry.
(b) Said industry normally employs not more than 50,000 emn-
loyees; and is not classified by the National Industrial 1Recovery
Bard as a major industry.
(c) Tlhe Appendix to said Code as approved c~ompl-lie~s in all re-
spects with the pertinent provisions of said Title of said Act, includl-
ing without limitation Subsection (a) of Section 3, Subsect~ion (a)
of Section 7, and Subse-tc.tion (b) of Section 10 thereof; and that thae
app'licaint association is an association truly representative of the
aforesaid industry; and that said association impust4i no inequitable
restrictions on admission to membership t~heremi.
(d) Thne ARppefndix to said Code is not designed to and will :not
permit monopolies or m~onopolistic practices.
(e) The App~endix to said Code is not desigswd~ to and wccill not
eliminate or oppress small enterprises and will not operate to dis-
crimlinate against themn.
(f) T~hose engaged in other steps of thie economic process have
not been de~pr~ived of the right to be heard prior to approval of
said Ap~pendix to said Code.
For these reasons, therefore, this Alppend-ix of said Code has
been approved.
For the Naltional Industrial Re~Covery3 Board :
W.~ A. HannuxII,"
FEB~RUARY 8, 1935.AmiittieO)er


]Pursunlnt to Section 4 of Article IV of the Code of Fair Com-
petit-ion8 of the Fabriented Metal Products Manufacturing and 1Metal
Finishing and Mertal Conltingf Industryr, as amended, (the terms of
which apply to each member of the Indus~itrial Wire Cloth Manufac-
turinga Subdivision) the following provisions are estab~lishedc- as an
Appendixz to said Code of Fair Competition of the Fabricated Metal
Products ~a n ufa ct u ri n and Metal Fiinishing and Metal Coating
Industry? for the Industrial Wire Cloth Manulfulctui~ring Subdi~vision
of that Industry.:
A. Deyfaition.-The termn "Indus~trial Wire Cloth Manufacturing
Subdivision. h~ereinafterl in these trade practice provisions referred
to us the "subdiv-ision "', means and includes, but without limiitation,
anly individual, p-ar~tner~ship,, association, corporation, or other form
of enterprises engaged either, as an employer, or on his or its own
behalf, ini the manufacture, for sale, of woven wire cloth in. any
and all metals and for all purposes exceptlt fourdrinier and other
wire cloth for use in pulp and paper m1ills as covered. byv the Sup-.
plemnentary Code of Fair Competition for the Pulp and Paper M~ill
WCire Cloth. Manufacturing Industry, also exlcep~ting~ insect wire
screen cloth. w\oven from copper, bronze, aluminum, monel mnetn1,
steel wire or other alloys in 12, 14, 16i, and 18 mesh, and, further
excepting waire poultry netting, fish trap wire nettting, auto top wire
netting, stucco wire netting, standard hardware wcire cloth and woven
wire, lath.
B. Subdivisional Corninitees~.--The members of the subliv~ision
shall set up a sub divisional com mitt~ee for the Industrial Wire Cloth
Manufacturing Subdivision, hereafter referred to as the subdivi-
sional committee ", consisting of as many members as may be deter-
mined by and in a manner satisfacltory to the Basic Code Authnority
and the National Industrial Recovery B3oard. The National Indus-
trial Recovery BEoatrd may appoint a member of the subdivisional
committee ~who shall be given reasonable notice of and m3ay sit at all
meetings of the subdivisional committee, but who shall be without
vcote and shall serve without expense to the subdivision.
C. Effective Date.--This Appendix shall become effective ten (10)
days after its approval b~y the National I~ndustrial Recovery Board.

Any member of the subdivision who directly or indirectly through
any officer, employee, agent, or representative violates or evades any
of the followingm trade practice provisions shall be guilty of violation
of this Code.

*C 6

SECTIO.N 1. C908# Finding.--The subdivisional committee shall cause
to be formidantel, methods of cost finding and accounting capable of
use by all minlembes of the subdivcision, and shall submit such methods
to the National Industriazl Rcj~ovecry Board for review. If ap~provedl
by the Natfiornal Industrial Recovery Board, full information con-
cernling such methods shall be made available to all mnembers of the
subdivision. Thereafter, each member of the subdivision shall utilize
such methods to the extent foundl practicable. Nothing herein con-
tained shall be construed as permittinng thne subdivisional committee,
any agent thereof, or any member of the subdivision to suggest uni-
form additions, percentages or differentials or other uniform ite-ms
of cost, which are dlesigned to bring about arbitrary uniformity of
costs or prices. The principles of accounting and costinga as approved
and set up under this section shall not be used by the subdivisionlal
committee or the Basic Code ~Authority in the administration of the
provisions of Article V, Section A of the Basic Codle.
SECTION 2. Open Price Filing.--(a) Each member of the subdi-
vision shall file with a confidential and disinterested agent of the
subdivisional committee, or, if none, then. with such an agent desig-
nated by the National Industrial Recovery Board, identified lists of
all of his prices, discounts, rebates, allowances, anzd all other terms
or conditions of sale, hereinafter in this ACSppendix referred to as
" price terms ", which lists shall completely and accurately conformn
to and represent the individual pricing practices of said member.
Such lists shall contain the price terms for all such standard prod-
ucts of the subdivision as are sold or offered for sale by said member
and for such non-standard products of said member as shall be
designated by the subdivisional committee.
Said price terms shall in the first instance be filed within twenty
(20) days after the date of approval of this provision. Price terms
and revised price terms shall become effective immediately upon
receipt thereof by said agent.
Immediately upon receipt thereof said agent shall by telegraph or
other equally prompt means notify said member of the time of such
Such lists and revisions, together with the effective time thereof,
shall, upon receipt, be immediately and simultaneously distributed
to all members of the subdivision and to all of their customers who
have applied therefore and have offered to defray the cost actually
incurred by thre agent of the subdivisional committee in. the prepara-
tion and distribution. thereof and be available for inspection by any
of their customers at the office of said agent.
Said lists or revisions or any part thereof, shall not be made
available to any person until released to all members of the subdi-
vision and their cus~tomers,, as aforesaid; provided, that prices filed
in the first instance shall not be released until the exrpiration of
the aforesaid twenty (20) day period after the approval of this
T'he subdivisional committee shall maintain a permanent file of
all price terms filed as herein provided and shall not destroy~ any
part of such records except upon written consent of the National
Industrial Recovery Bo0ard. Upon request, the subdivisional coma-
mittee shall furnish to the N~ational Induxstrial Recovery Board or

any duly d-esignated agent of thle Nationa~l Industr~ial Rec~overy
Board, copies of any such lists or revisions of price terms.
(b) When any member of the subdivision has filedl any~ revision,
such mlember shall not file a higher price within forty-eight (48)
(c) Nio metmber of the subdivision shall sell or offer to sell a~ny
products or ser-vices of the subdivision for which price terms have
been filed pursuant to the foregoing provisions, except in accordance
with such prie~t ter~ms.
(d) No member of the subdivision shall enter into any agreement,
understanding, combination or conspiracy to fix or maintain price
sterns, nor cause or attempt to cause any member of the subdivision
to change his price terms by the use of intimidation, coercion, or any
other influence inconsistent with the mnaintenan~ce of the free and
open market which it is the purpose of this Section to create.
SECTION 3. C0888 anW PriCe Outting.---The standards of fair comn-
petition for this subdivision with reference to pricing practices are
declared to be as follows:
(a) Wilfully destructive price cutting is an unfair method of com-
petition and is forbidden. Any member of the subdivision or of any
other subdivision or industry or the customers of either, may at any
time complain to the subdivisional committee that any filed price
constitutes unfair competition as destructive price cutting, imperil-
ing small enterprise or tending toward monopoly or the impairment
of code wages and working conditions. The subdivisional committee
shall within five (5) days afford an opportunity- to the member filing
thie price to answer such complaint and shall, within fourteen (14)
days, make a ruling or adjustment thereon. If such ruling is not
concurred in by either party to the complaint, all papers shall be
referred to the? Research and Planning Division of N. R. A. which
shall render a report and recommendation thereon, to the National
Industrial Recovery Board.
(b) When 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 should be used and that consideration
should be given to costs in the determination of pricing policies.
(c) When an emergency exists as to any given product, sale below
the stated minimum price of such product, in violation of the follow-
ing Section 4 hereof, is forbidden.
SECTION 4. Emiergenzcy Pr~ocks/,one-.--(a) If the National Induas-
trial Recovery Boardl after investigation, shrall at any time find both
(1_) that anl emergency has arisen within the subdivision adversely
affectinga small enterprises or wages or labor conditions, or tending
toward mnonopoly or other acute conditions which tend to defeat the
purposes of the Act; and (2) that the determination of the stated
minmumul price for a, specified product within the subdivision, for a
limlitedl period is necessary to mitigate the conditions constitution
such emaergenc~y and to effectuate the purposes of the Act, the sub-
divisional committee~ may cause an impartial agency to investigate
costs and to recommend to the National Industrial Recovery Board
a determination of the stated mlinimlum price of the product affected
by the emergency andl thereup~on the Nation~al Industrial Recovery
Board may proceed to determine such stated minimum price.

(b) Whnen the National Industrial Recovery Board shall have
dleterminedl such stated minimumn price for a specified product for
a stated period, which price shall be reasjonabily calculated to mitigate
thie conditions of such. emergency and to effectulate the purposes of
the National Industrial Recoveryr Act, they shall publish such price.
TIher~eafter, during such stated period, no member of the subdivision
shall sell such speccifiedl p~rd'uc~ts at a net rIealize~d price belowl said
stated minimum p~rice- a ndl any such sale shall be deemed destructive
price cutting. From time to time, the surbdivisional committee mray
rec'onulnend~ review or reconsid-era3tio n or the National Indlustrial
Relicovlery3 Board may cause any de~termilnations hereunder to~ be
reviewed or r~econsidered and appropriate nation takien.
SECTION 5. Indemznifying Against Dc~linre or Advance in Price.--
N~o member of the subd;civisiojn shall indemnify a purilchalser nor offer
to indemnify a purchaser against either a decline or an advance in
SECTION 6. Adva!nii I N~o~tice of Price Cleanr; subdivision shall give to any purchaser, or prospectivee purchaser,
any advance notice of an intention to change hnis price terms and/or
conditions of sale. ,-~:
SECTION 7. SpDe!'ifj!at;ios andri D-fniiie Dl~civeryi l Date to Accom~.-
p/an y Orders.--No member of -the subdivisionr shall ente -into or
accept a, contracts, order or commitment unlesosuc~h contract, order
or commitment is nccompalnied~c by full pe1-tc:ificationr s cov.ering qiuan-
tity, price and a fixed delivery date which does not extend beyond
ninety (90) days from receipt of such contract, order or comnmitilent.
SECT'ION 8. Pe8-l/f;,l/f rrH// Po086t~z-48% OJ INi ilci!S.--RO melllber
of the subdi-vision shall state in any invoice, as the date thereof, a
date earlier or later than the actual date of shipment, or include ini
any mnvoice, any product shipped on a date earlier or later than
the date: of such -invoice. :
SECTION 9. Comnbin~ationb XtalesF.-N-Lo member of the slbdlivision
shall enter into any contract, accept an order or render1 anyT invoice
to include goods other than porodulcts of the subdivision, unless the
price charged or to be chai-gedc, for the product of the ubd~ivision
included theremn, is sepn lately stated and set forth.
SECTON 10. Inducing B~reach of Contract.--No member of ;the
subdivision shall induce or attempllt to induce the breach of a contract
between a competitor and hlis cus~tomerl or between a competitor aind
h~is source of supply; nor shall any member of the subdivision. inter-
fere with or obstruct thne per.formla ncec of such contractual duties or
SECTION 11. Shipme7ts2/ on Coritynmen~iiit.--No member of the sub-
division shall ship godds on consignment except where peculiar cir-
cumstances within the subdivision may require th~e practice and then
only under conditions to be definedl by the subdivisional committee
anld approved by thne N)Iational Industrial Recovery Board.
SECTION 12. Retucrn of Obsol~ete Produlcts.f-No member of th~e sub-
division, shall offer to accept or accept for credit or refund, prod-
ucts of the subdivision which are obsolete, or for other reasons not
readily saleable, as shown by sales records of the preceding y~ear,
unless such mem-ber of the subdivision shall have, prior to such offer
or acceptance, filed with the subdiv~isionral committee a statement in

writing,! setting forth the facts concerning and reasons for such
pr'oposed~ offer or necerptalnce, provided, however, that such clpredit or
refund granted by the mlemnber of the subdivision to any, customer
shall in. no case amlountl to more thann the resale or salvage value of
the prod tol.t~s returned, whichever is higher. Provided, further1
that the p~rovisions of this Section shaull not a-pply to the Ireturn ol
products which are defective as to wocI);llrkmanship) or material nor
in cases where~'t the member of the subdivision has failed to comply
wiith~ the contract of sale.
~ECTION. 13. Conseq.[Uentia D~amnages.-No member of the Subdi-
vision shall enter into anly agreement, to assume responsibility for
damuages, or other iem~s: of expense, which normally cannot be antic-
ipated by any memberP 1 of the subdivision mn original costs and
slngprices, provided that this section shall not apply in cases of
wanrtonl or w~ilful,malfeasance or negligence or in cases where its
provisions conflict with existing state laws.
SECTION 14. Su~bstitu~tion.-No member of the subdivision shall
substitute or deliver, without the consent of the purchaser, any ma-
terial or product other than that specified by the purchaser.
SECTION 15. ProduLCtS to be Described in Te r mls Comm~on to the
Subdivisi;on.-No mremnber of the subdivision shall use in any mn-
voice, any descriptive term which does not fully describe the product
sold, or to be sold, in terms customarily used in thne subdivisions.
SECTION li. Cla884 icatON Of Cu880788T8.--Th-e subdivisional com-
mittee shall cause to be formulated and keep current a classification
of all types of customers of the subdcivision. Such classification shall
be subject to the disapproval of the National Industrial Recovery
Board and shall contain: (a) A complete list of all the classes of
customers of the subdivision, including a class to cover every known
ty-pe of customer; and (b) definitions or descriptions of the several
classes in terms of functions performed, or in other appropriate
terms such as purchasers of defined quantities.
After submission to the National Industrial Recovery Board, if
there is no disapproval or request for suspension of action within
twenty (20) days, full information concerning thle classifilcation shall
be made available to all members~l of the subdivision.
N~o one shall by intimidation, coercion, or other undue influence,
cause, or attemtil-, to cause, the inclusion of any customerc1 in, or the
exclus~ion of any customer fromt, any class of customers, or the ex-
clusion of any class of customers from the classification, or the use
of uniform or .-tipulla~ted prices, discounts or difft~eretialls and each
member of the subdivision may at all times c~lam~ify his owvn customz-
ers in accordance with his own judgment.
Approvedt Code No. 84i--Ap~pendix No. 5.
Re~gistry No. 1151-12.

UNIVERSITY1111 OF11111 FLORIDA111 1111111111