UNIV. OF FL LIB.
Forsale by thre Superintendent or Documents. Washington, D.O. - Price 5ets
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Approved Code No. 18-Amendment No. 2
Registry No. 1128--01
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
CAST IRON SOIL PIPE
AS APPROVED ON JULY 10, 1934
WE DO OUR PART
GOVEaRNMENT PRINTING O PCHP .
REPORT TO THE PRESIDENT
The Wh~ite House.
SIR: This is a report on an Amendment to the Code of Fair Com-
petition for the Cast Iron Soil Pipe Industry, the Code having been
approved by your order dated September 7, 1933.
Notice of opportunity to be heard on this amendment was duly
postedi to all interested parties providing an opportunity to file
objections to this amendment within a fourteen (14) day period,
and unless due cause to the contrary is shown within this period,
this amendment will become effective on July 16, 1934.
The Code is amended to provide that willful destructive price
cutting is an unfair method of competition andl is forbidden and
the amendment further provides for the establishment of minimum
prices during the period of emergency.
The Assistant Deputy Administrator in his final report to Ime
on said amendment to said Code having found as herein set forth
and on the basis of all the proceedings in this matter:
I find 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 obstrue-
tions to thle free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eralwelareby romoingtheorgnization of industry for the
purpose of cooperative action of lbradmngmn ne
adequate governlmental sanction and supervision, by eliminating
unfair competitive practices, by promoting the fullest possible utili-
zation of t~he present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily
required),~ by increasingr the consumption of industrial and agr2-
cult~ural products through increasing purchasing power, by reducm
and relieving unemployment, by improving standards of labor, n
by otherwise rehabilitation industry.
(b) The Code as amlended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limitation
sub-sect~ion (a) of Section 3, sub-section (a) of Section 7 and sub-
sect~ion (b) of- Section 10 thereof.
(c) The amendment and the Code as amended a~re not designed to
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed
t~o 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, I have approved this amendment.
Hanc S. JoHNSON,
JULY 10, 1934.
AMIENDMENT TO CODE OF FA~IR CO1\IPETITION FOR
THE CAST IRON SOIL PIPE INDUSTRY
SECTION 17~. The stand~rdls of fair competition for the industry
with referenice to pricing practices are dleclar~ed to be as follows:
(a) W\ilfully dlesitruc~tive price cutting is an unfair method of
competition andl is for'bidden.ll Any member of the industry or of
any~ other indlustryS or the customers of either mlay at. any time com-
plain to the C'ode Authority thlat any1! filedl price constitutes unfair
competition as dlestructiv-e price cutting, imperiling small enter-
prise or tendling towrdn~- monopoly or the: impairment of code wrages
and workingr conditions. 'The Code A~uthority shiall within 5 days
affordl an op~portunity~ to thle mnembcr filing the price to answTer such
compI:laint and~ shall within 14 dlays mlake a ruling or adjustment
thereon. If such ruling is not. conlcurred in by either partyT to the
complaint, all pap~ers sha~ll be r~efer~red to thie Research and Planming
Division of N.R.A. which shall render a report and recommendation
thereon to the A~dministrator.
(b) W~hen no declared eme~rgency exists as to any~ given product,
there is to be no fixed miinimnum basis for prices. It Is intended that
sound cost. estimating methodls 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 mninimumn price of such prod-uct, in violation of
Section 18 hereof, is forbidden.
SECaINo 18. EmerllgecI y Pro~isions.--If the Administrator, after
investigation shall at any time find both (1) thant an emergency has
arisen wTithin the industry adv\ersely affecting small enterprises or
wnges or labor conditions, or tending toward monopoly or other
acute conditions which tend to defeat the purposes of the Act; and
(2) that the determination of the statedl minimum price for a speci-
fledl product within the industry for a limited period is necessary to
mnitigate the conditions constituting such emnergency and to effectuate
the purposes of the Act, the C~ode Authority may cause an impartial
agency to inv~estigate costs and to recommend to thie Administrator
a d~etermninationn of t~he stated mninimnum price of the product affected
byV the emergency and thereupon the Admin7istrator' may proceed to
dleter~mine suchi stated miinimumn price.
(b) W\hen the Administrator shall have determined such stated
minimum price for a specified product for a stated period, which
price shall be reasnab~lly calculated to mitigate the conditions of
such emnergency andt to eff~ectuate the purposes of the National Indus-
trial Recovery Act, he shall publish such price. Thereafter, during
such stated period, no member of thec industry shall sell such specified
products at a net realized price below said stated miiinimum price
and any such sale shall be dteemed destructive price cutting. From
time to timne, the Code Authority may recommend reniew or recon-
sideration or the Admiinistrator may cause any determinations here-
under to be reviewed or reconsidered and appropriate action taken.
Approved Code No. 18--Amen-dment No. 2.
Registry No. 1128-01.
UNIVERSITY OF FLORIDA
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