NATIONAL; RIECOVIEIRY ADMINISTRATION
CODE OFi FL'AIR CO~MPIETIITION
UNIV. OF FL LtlB.
For sale by the Superintendent of Documents, Washington, D. C. - Price 5 centsl
Approved Code No. 110--Amendment No. 3
Registry No. 899--03
WIE DO OUR PART
GOVERNMENT PRINTING OFFICE
AS APPROVED ON NOVEMBER 2, 1934
This publication is for sale by the Superintendent of Documlents, Government
Printing Office, WVashington, D).C., and by district offices of the Bureau of F~oreign
and Domestic Commerce.
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Approved Code No. 110--Amendment No. 3
AM~IENDMIENT TO CODE OF FAIR COMPETITION
HAIRDWVOOD DIST]LLATION[~ LV INDUSTRY
As Approved on November 2, 1934
APPROVING' AMEN~DMIENT OF CODE OF FAIR COMPETITION FOR THIE 11ARD-
WOOD, DIS'TILLATIONN INDUSTRY
An application having been duly made pursuant 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 Fair Competition for the Hardwood D~istillation
Industry, and Notice of Opportunity to be H-eard having been duly
published thereon and the annexed report on said amendment, con-
taininga findings with respect thereto, having been made and directed
to the President:
NOWT, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by ]Executive Orders of the President, including
Executive Order NIo. 6859, dated September 27, 1934, anld 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 thie 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 WI. A. HARRLIMAN, 11(I)dm~~initrative O~ffice~r.
Approval recommended :
JOSIEPH F. IBATTLEY,
A ctingy D~ivisionr. Ad~inristr'ator.
W~\sIuSINrTos, D. C.,
No v1m2ber 8, 1934.
REPORT TO TH-E PRESIDENT
Th7e Whr~ite Ho0use.
Smn: This is a report on the Amendmlent to thne Code of Fair Com-
petition for the HIardwRoodl Distillation Indtustry, wThich was approved
by you Novemberl~~l 10, 1933.
Thle Amllendmnent provides for open price filing and applies only-
to methanol (melthfyl alcoholl. The AtLumedment is dlesigrnedl to incor-
p~orate in thle Code for the HardwFood Distillation Industry certain
fair trade provisions parallel with similar provisions in the Code of
Fair Comnpetition for the Indtustrial1 Alcoh-ol Industry.
A Notice of Op~portunity to be HE-eard on thec said Amendment was
.chanlllitted by thle Code Authority~ for the said Industry anrd wras
pub~lished~ October 16th, 1934, and expired October 30th, 1_934, in
accordance with the provisions of t~he N~ational Industrial Recovery
FIND~ IN S1
Thle Acting Deputly Adlministrator in his final report on said
Amendmnent found as herein set forth, and on th~e basis of all the
proceedings in this matter;
The Boardl finds that:
(al) The AmLlendlment to said Code andi the Code as amended are
w~ell de~-ignedc'c to poromote the policies and purposes of Title I: of thne
National Indus~trial Recovery Act including thle removal of o~bstruc-
tions to the free flowV of interstate and foreign commerce wRhich
tend to diminish the amount thereof, andl will provide for the gen-
eral welfare by promuotingr the organization of industry for the
purpose of ('.coperaLZtive action of Ilabor anld management uLnder
adequate governlmental sanction and supervision, by eliminating
unfair compe~titive prsratices, by promoting the fullest possible utili-
zation of the present. productive capacity of intlustr~ies, by avoiding
undue restriction of production (except as may be temporarily re-
quircd), by increasing the consumption of iridusrl n and agfricul-
tural products through increasing purchasing power, by reducing
andc relieving unemployment, by improving standards of labor, and
bsy otherwise r~ehabilitatingr industry.
(b) The Code as almend~ed complie~s in atll respects with the perti-
nent provisions of said title of said act, including without limitation
subsection (a2) of Section 3, subsection (a) of Section 7 and subsec-
tion (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said Anwrrndmencrt on behalf of the Induzst~ry as a whole.
(d) The Am~rendment and~ the Code as amendledl are not designed
to and will not permit monopolies or monopolistic practices.
(e) The Atmendmnent and the Code as amended are not desigrned
to and wFill not eliminate or oppress small enterprises and will ~not
operate to discr~iminalte against them.
(f) Those en~gaged in, o~thel steps.i of the econlomic process have
not been depr~ived of the right to be hea~rd prior to approval of saidt
Thcrcfore, said Amendm~lent hlas been approved.
For thle Naltional Industrial Recover~ly Boa0rd:
W;. A. KlanousI~
NOVlEMBEr R 2, 1984.
AMEN;DMIENT TO CODE OF FAIIR COMPi~ETITION FORt THIE
HARDWOOD DISTIILLATION INDUSTRY
ART~ICLE: X shall become ARTICL'E XI and the following shall
become ARTICLE XT:
ARTICLE ~X-P-~RICE FILING
SECTION 1. This article shall apply only to the sale of mnethanol
methyll alcohol) for use for anti-freeze purposes (hereinafter re-
ferred to as anti-freeze methanol (mnethyrl alcohol).
SECTION 2. Each member of the I~ndustry engaged in the sale of
anti-freeze methanol (methyl alcohol) shall file with a confidential
and disinterested agent of the Code Aituthorit~y or, if none, then with
such agent designated by the National Industrial Recovery Board,
identified lists of all of his prices, discounts, rebates, allowances,
whether guaranteed against decline in price, and all other terms or
conditions of sale, hereinafter in this article referred to as price
ter~ms; which lists shall completely andi accurately," c:~~,tsdmnfoerm toand
I~-lr'preset th~e individual pricing practices ofsidm be. ad
price terms shall in the first instance be filed wPithin five (5) days
after the effective date of approval of this provision. Price terms
and revised price terms shall become effective immediately upon re-
ceipt thereof by said agent. Immediately upon receipt thereof, said
agent shall by telegraph or other equally promts man rvs onotif sai
mecmber of the time of such receipt.Suhitsndrviost-
gether with. the effective time thereof, shall upon receipt be imme-
diately and simultaneously distributed to all members of the industry
engageed in the sale of anti-freeze methanol (mrethyl alcohol) and
to all of their customers who have applied thnerefor and have offered~
to defray the cost actually incurred by the Code Authority in the
preparation and distribution. thereof and be available for inspection
by any of their customers at the office of such agent. Said lists or
revisions or any part thereof shall not be made available to any per-
son until released to all members of the industry engaged in the
sale of anti-freeze methanol (mYethyl alcohol)_ and their customers,
as aforesaidl; provided, that prices filed in the first instance shall
not be released until the date this article becomes effective. The
C~odle Authority sh-a~ll maintain a perm-anlent file of all price terms
filed as herein provided, and shall not destroy any part of such ree-
ords except upon written consent of the National I~ndustrial Re-
covery Board. Upon request the Code Authority shall furnish to the
National Indlustrial RCecovery Board or anly d~uly designated agent
of the Naltional Industrial Rtecovery Board copies of any such lists
or revisions of price term~s.
SECTION 3. Whlenl any member of the Industry has filed any re-
v.isionI, such member shall not file a higher price within forty-eight
SECTTION 4. PiO Inember~CI of the Industryr shall sell or offer to sell any
products of the Indus~rtry, for which price terms have been filed pur-
suant to the provisions of this article, except in nordacetll with such
SECTION 5. The proovisions of this article shall not apply to sales
for expor~t from. the UnT~itet iStlte~s or between membersl of the Indus-
trSE~rlON 6. Nio member of thle Industry en~,gaged in the sale of anti-
freeze meithianol (meithli alcohol) shall enit-r into any agreementlt
understanding, COmbllinatlionI or conspiracy to fix or maintain price
terms, nor cause or a~ttempit to cause any member of the TIndustry1'3 to
chtn~ge his price terms by the use of intimidation, coercion, or any
other influence incons:istentt with the maintenatnce of the free andl
open m~ark~et which it is the purpose of this article to create.
SECTION 7. Inasmuch as the Suppl~llementary Code of Fair Competi-
tion for the Industrial Alcohol Industry, a dlivision of the Chemientl
IManufacturing Industry, has a similar prov'\ision for the filing of
prices of ethyl alcohol, isopropyl alcohol and mlethyl alcohol (other
than that produced from the destructive distillation of wood), prices
filed under said Code and under this article shall be excha~ng~e under
the same conditions as outlined abovec insofar as they apply to suchl
alcohols when sold for anti-freeze purposes.
SECTION 8. (a) The article shall be effective only simultaneously
within and so long as thre members of the Industrial Alcoh~ol Industry,
including all producers of synthetic methanol (methyl alcohol) for
ant-frez pupossshall be bound by similar provisions, as em-
bodied in Article V s ~t Fair Trade Practice Provision, of the Sup-
plementary Code of Fa~ir Competition for the Industrial Alcohol
Industry, a Division of the Chemnical M/anufacturingr Industry,
approved August 21, 1934.
(b) This article shall expire Janualry 31, 1935.
APpproved Code No. 110-A;imendment No. 3.
Registry No. 6994-03.
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