For sale by the Superintendent ofDocuments, Washington, D. C. Price 5 cents
Approved Code No. 84--Appendix No. 3
Reegistry N'o. 1629--07
WA Do OUR PART'
GOVERNMENT PRLINTING OFFICE
NATIONAL RECOVERY ADMINISTRATION
(A Subdivision of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Mietal Coating Industry)
AS APPROVED ON DECEMBER 21, 1934
This publication is for sale by the Superintendent of Doc-uments, Government
Printing Office, WCa~shington. D. C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE: DEPARTMENT OF COICMMRCE
Atlanta, Ga.: 504 Post O~fice Builtling.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N. Yl.: Cham~i ber of Comm~erce Buildling.
Charleston, S. C.: Chalberr of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North W~ells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 F'irst Nationlal Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: C'hamber of Commerce Building.
Jacksonv~ille, F'la.: Chamber of Commerce Building.
Kansas City, Mlo.: 1028 Baltimo~re Av~enue.
Ims Angeles, Calif.: 1163~ South Broadway.
Louisville, K~y.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Miinneapolis, Minn.: 213 Federal Bu~ilding.
New Orleans, La.: Rooma 225-A~, Customzhouse.
New York, N. Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Bulilding.
Pittsburgh, Pa.: Chamber of Commerce Buildling.
Portland, Oreg.: 21_5 New Post Off~ee Building.
'St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, W~ash.: 800) Federal Office Buihlling.
Approved Code No. 84--Appendix No. 3
FIREPLlACE FURNIISHI[INGS MANUFAC TURNING
~As Appro~ved on D~ecember 21, 1934
APPROVINGI APPENDIX FOR THE FIREPLACE EIURNISHINGS MANUJFACTUR-
AIS SUBDEV'ISION OF THE FABRICATED METAL PRODUCTS MAlNU~FACTU~RING AND
METAL FINIS;HING AND METAL COATING INDUSTRY
Acn application having been duly made pursuant to and in full
complianlce with the provisions of Title I of the National Industrial
RecovPery Act, approved June 16, 1933, and in accordance with thie
provisions of Section 4 of Article IVr of the Code of Fair Competi-
tion for the Fabrica~ted Metal Products Manufacturing and Metal
Finishing and Mct al Coating Industry, approved November 2, 1933,
as amended, for approval of an Appendixr establishing trade! prac-
tice provisions for the Fireplace Furnaishings Manufacturing Sub-
division of said Industry, alnd Notice of Opportunity to be H~eard
having been given to all interested parties, and objections received
thereon having been satisfied, and the annexed report on said Ap-
pendix to said Code containing findings with respect thereto, having
been made and directed to the Presidenlt.
NOW, THERIEFIORE, on. behalf of the President of the United
States, thie National Industrial ]Recovery Board, pursuant to au-
thrority vested in it b~y Executive Orders of the President, including
Executive Order No. 6859, dated Septemaber 27, 1934, and otherwF~ise;
does hereby incorporate by reference said annexed report and does
find that said Appendix to said Code complies in all r~espe~ctsi with
the pertinent provisions and will promote thle policy and purposes of
said TIitle of said Act; and does hereby order that said Appendix
of said Code of F'air Competition be and it is hereby approved.
NATIONAL, INDUSTRIAL; RECOVERY BOARD,
By W7. A. HARRIMAN, acdm2nistrative Of)Ecer.
Approval recommended :
Acting Division Admrin istrator.
WAVSHINGTON, I). C.,
December a91, 10c34.
1042S00-1 385-1 21-34 (11
~REPORT TO THE3E PRESIDENT
The WThite Hou~se.
Smr: This is a report on an A~ppendix to the Code of Fair Com-
petit~ion for thie Fabricated M~e tal Products M/anufacturing and Metal
Finishing and Mietatl Coating Industry, approved on N~ovember 2,
1;933, and as amnended on June 1, 1934.
The Firepheeaci Furnishings Manu~facturingg Industry, being truly
representative of this Subdivision of the Fa~tbricated Mieta~l Products
Manufacturing and Jfetail F'inishin~g and Mletal Coating Industry,
hias elected to avail itself of the option of operating under the Code
for the Fiabricate~d Mletal Products Matnufac~turing and M~etal Finish-.
mng and Me~tnl Coatilgr Industry, as amended on J-une 1, 1934, with
the assistance of additional fair trade practice provisions.
RESITI~E OFi THE APPENDIX
Paragraph iA, Definit clon, accurately defines the termr Fireplaee
Furnishings Mfnru fact~u!irba Subdivision.")
Paragraph BS, Gov~erning Body, sets up a governing body consist-
ing of members of the Subd-ivision to be known as the Subdivisional
Conunittee for the Fireplace FurnIishings Mianufacturing Subdivision.
Paragraph C, Effectiv~e Date, pjrescribes the effcctive date of the
Paragraph 4 makes the violation of any of the trade practices in
this Appenldix also a vFiolation of the Code.
Section 1_ provides for the folunullation of a cost accounting system.
Section 2 provides for open. price filing.
Section 3 provides agalinst an~y Inmember of th-e Subdiv9ision from.
wilfully inducing or attempting to induce the breach of existing
conlt~ra~cts between competitors and their customers.
Section 4 provides against selling on consignment except where
peculiar circumstances. require thei practice.
Section 5 provides against the sale of goods other than F. O. B.
factory except where peculiar circumstances reqyuir~e thze practice.
Section 6 prohibits the sale of samples.
Section 7 provides for the formnulationl of maximum discounts and
terms of sale.
Section 8 provides that the Subdivisional Committee may~ establish
classifications andi quality standards for products of the Industry.
Section 9 prohibits the copying of any unique style or design ap?-
plied to a product of the Subdivision.
Section 10 prov-ides that the provision of the Appendix; shall nlot
apply to export trade.
FI NDI 1 CS
Thne Alcting D~eputy Administrator in his final report to the Board
on said Alppendti to said Code having found as herein. set forth and
on the basis of all the pr~o;ceedings in this matter:
It has been found that:
(al Said Applendix to said Codte is well designed to promote the
policies and purposes of T'itle I of the N~ational Industrial Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amount thereof
and will provide for the geneedl welfare by promoting the organiza-
tion of industry for the purpose of cooperative action. among the
trade groups, by inducing and maintaining united action of labor and
management under adlequrate? governmentalcn sanctions 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 exceptt as may be tem-
porarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by reduc-
ing and relieving unemployment, by improving standards olf labor,
anld by otherwise rehabilitating industry.
(b) Said industry normally employs not more than. 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The ~Appendixr to said Code as approved complies in all re-
spects with the pertinent provisions of said Title of said Actt inllCud-
mng without limitation S~ubsction (a) of Section 3, Subsection (a)
of Section 7, and Subsection (b) of Section 10 the~reo~f; and that
the applicant association is an association truly representative of
the aforesaid Industry; and that said association imposes no inequi-
table restrictions on admission to membership therein.
(d) The Appendixz to said Code is not designed to and will not
permit monopolies or monopolistic practices.
(e) The Appendix to said Code is not designed to and will not
eliminate or oppress small enterp~lr~ises and will not operate to dis-
crim~inate against them.
(f) Those engaged in. other steps of the economic process have! not
been deprived of the right to be heard prior to approval of said
Appendix to said Code.
For these reasons, therefore, this Appendix of said Code has been
For the National Industrial RecoveryS Board:
WOC. A. H-ARRIMA N~,
DECEMIBER 21, 1934.
CODE APPENDIX IFOR THE FEIRPLA~sCE FUIRNI[SH~INGS
A SITBIVSION OF THE FABBRICATED METAL PRODUCTS M\ANIUFAC(TURIN G AJD
MLJETAL FINISHIING ANhD METAL; COATING INDUSTRY
Pursuant to Section 4 of Article I[V of thne Code of Fair Competi-
tion~ of the F'abricated Mletal Products M~ianufacturing and Metal
F~inishingr a~nd Metal Coating Industry, as amndcnred, (the termls of
whl-ich apply to each mlembler of the Fireplace Furnishngs Ma~nufac-
tur~ing Sbdivision) the follow-ingc prov~isiorn share established as an
Appendix to said Code of 1Fair Codmpetition of the Fabricate~d ~etatl
Products Manufacturing and Metal Finishing and Metal Coating
Industry for the Fireplace Furnishingrs Manufacturing Subdivision
of that Industry.
A. De:n~ition.--The term "L Fireplace Furnishings Mannufac~turing "
means the m~anu:facture and/or assembly for sale of fireplace furnishi-
ings, including such items as andirons, fireplace grates and baskets,
fireplace tools, screens and items for the adornm~ent of the ~fireplace
maade inl whole or in substantial part of metal, and parts thereof,
other than gray ironz castingrs wochen manufactured and sold as such.
B. S,~ubdiv~is~iolnal C~onmmitee.--The members of the sutbdivision
shall set up a subdivPisiona~l committee for the Fireplace Furnishings
Manufactturing Subdivision, Yhereafter referred to as the "' Subdivi-
sional Commnitt~ee", consisting of as many members as may be de-
termined by and in a man~Iner satisfactrory to the Basic Code Au-
thority and thne Nationzal Inldustrial Recovery Board. The National
Industrial Recovery Board may appoint a member~cl of the Subdivi-
sional Committee w~ho shall be given reasonable notice of and may
sit at all meetings of the Subdivisional Colnunitteet but who shall be
without vote and shall serve without expenses: to the subdivision.
C. Effective daLte.--This Appenldix shall bcomclle effective ten (10)
days after its approval by the Niationazl Industrial Recovery Board.
Anly member of thze subdivision who directly or indirectly thr~ough1
any officer, employee, agent or representative violates or evades any
of the following trade practices provisions shall be guilty of viola-
tion of this Code.
SETION 1. (a) Cost Fininng/;.--The Suxbdivisional committee shall
cause to be formulatefd methods of cost finding and accounting capa-
ble of use by all members of the subdivision, and shall submit such
methods to the National Recovcery Board, full information concern-
ing such methods shall be m~ade ava~ilab~le to all members of the sub-
division. Thereafter, each membl-er of the subdivision shall utilize
such methods to the exrtent foun1lr practicable. Nliothng herein con-
tained shall be constred to permit the subdivisional committee, anly
agent thereof, or any member of thets subdivision. to suggest uniform11
additions, per~centages or dliffer~entialls or other uniform items of cost
which are designed to bring about arbitrary uniformity of costs or
(b) The principles of accounting and cod,~ing as approved and set
up under this section shall not be used by the subdivisional committee
or th~e Basic Code Authority in the Administration of the provisions
of Article V, Section A of the Basic Code.
SECTIO)N 2. Open Price Filing.--(a) Each member of the subdi-
vision shall file wcith a, confidential and disinterested agent of the
subdi~visional committee or, if none, then with such agent desig-
nated by the National Industrial Recovery Board, identified lists
of all of his prices, discounts, rebates, allowances, and all other terms
or conditions of sale, hereinafter in this article referred to as price
terzs ", which lists shall completely and accurately conform to and
represent the individual pricing practices of said member. Such
lists shall contain the price terms for all such standard products
of the subdivision as are sold or offered for sale by said member
rand for such non-standard products of said member as shall be
designated by the subdivisional committee. Said price terms shall
in the first instnnesr 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 age~nt shall by tele-
graph or other equal prompt means notify said member of the tim~e
of such receipt. 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 cus-
tomers who have applied therefore and have offered to defray the cost
actually incurred by the subdivisional committee in the prepara-
tion and distribution thereof and be available to inspection by any
of their customers at the office of such agent. Said lists or re-
visions or any part thereof shall not be made available to any per-
sons until released to all members of the subdivision and their
customers, as aforesaid; provided, that prices filed in the first in-
stance shall not be released until the expiration of the aforesaid
twenty. (20) day period after the approval of this Appendix. The
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
Reco-er~y Board. Upon request the subdivisional committee shall
furnish to the National Industrial Recovery Board or any duly
designated agent of the National Industrial Recovery Board copies
of any such. lists or revisions of price terms.
(b) W~hen any member of the subdivision has filed any. revision,
such member shall not file a higher price within forty-eight (48)
(c) `No member of the subdivision shall sell or offer to sell any
products of the subdivision, for which price terms have been filed
pu'rsualnt to the foregoing provisions, except in accordance with
such price terms.
rfd) No member of the subdivision shall enter into any, agreement,
understandlingr, combinlationl or conspiracy to fix or maintain price
terms, nor cause or attempllt to cause any member of the subdivi-
sion to change his price terms by th~e use of intimidation, coercion,
or anyI other influence. inconsistent with the mnnintenance of the free
and open mnarkret which it is the purpose of this provision to create.
SEECTION 3. Induci'ng Breach of Con~tract.-No member of the sub-
division shall ktnow~ingly attempt, to induce t~he breach of any con-
tract between a competitor and his customer or source of supply;
nor shall any such mnember knowingly interfere with or obstruct. the
performance of sulch contractuafl d-uties or serneces.
SECTION 4. Selling ont Co0nsignlEment.--No membr of t~he subdi-
vision shall ship goods on consignment except wsPhere peculiar cir-
cumstances in the subdivision require the practice: and then only
under circumstances to be defined by the subdi~visional committee
and approved by the National IndlustrinI Recovery Board.
SECTIION 5. Freight Allowanzces.--No member of thne subdlivisio n
shall sell goods in any manner except F. O. B. factory, except w-her'e
peculiar circumstances in the subdivision require the practice and
then only under circumstances to be defined by t~he governingf body
and approved by the National Industrial Recovery Boar~d.
SECTION 6. Xale of Snril p7es.-No mnembe~r of the subdivision sihall
sell display or salesmen's exhibition samrples at a price or terms
other than. those set forth in his price terms. No exceptions to~ this
provision shall be allowed except where peculiar circumstances in
the subdivision require an exception and then only under circ~um-
stances to be defined byJ the sub~divisio~nal committee and Approved
by th~e NIational Industrial RecoveryT Board.
SECTION 7. T8708.-N O member of the subdivision shall grant
terms of payment on sales more favorable than net cash thirty (30)
days, or if discount is allowed such discount shall not be in excess of
two (2%) percent for payment in ten (10) days. Provided, however,
that stock orders placed for fall I~rreqir~eme nts sold and shipp~ed prior
to September 1, may carry October 1 dating with terms of t wo (29c)
per'!Cent, October 10, net thirty (30) days. An anticipntory dliscount
of not to exceed one-half ofone (1/2%1) percent per month mnay
SECTION s. Xflir/GHOWlOFi lant 2 of PTOdzwC8.--(a) T'he subdivisional
committee mary within sixr (6) mlont'hs after the effective date make
studies for the establishment of clas~sificatioinsR~ dimensional and qual-
ity~ stanldald s for the products of this subdivision in cooperation with
some Federal~l Government Agency, preferably the Bureau of Stand-
ards of the Ulnited States Department of Commerce, with a view to
their recommendation for adoption by this subdivision. Such sta~nd-
ards wFihen approved by a majority vote of this subdivision and
approved by the National Industrial Recovery Board shall become
the standards of this siubdcivi.sio: n within nIinet~y (90) days and there-
after the subdivision shall follow such standlr~ds. 1Failure to follow
such standards set up by the subdi~visional committee, so approved by
the members of the subdivision and approved by the Nattional Indus-
trial Recovery Board shall be an unfair method of competitions. and a
violation, of this Appendix. Provided, howoPever, that exceptions from
such standarlrds may be applied for by a form~lal petit~ioni to thne sub-
divisional committee, whose decision must be rendered wPith~in SiXty
(60) days after the receipt of such petition and if favorable to the
petitioner shall become final when such decision is ratified by a
majority vote of the members of the subl,~ivisionl and is approved byT
the National Industrial ~Recovery Board.
SECTION 9. Deicept~ioni of Purchasers by Sinuda(tZjion of Anoithetsi
produc~ts.--No member of the subdivision shall copy or knowingly
simulate any unique style or design applied to a product of the sub-
dlivision manufactured by another member thereof where th~e prob-
ably and actual effect is that purchasers or prospective purchasers
will mlistakie the products of the former for those of the latter
SECTION 10. Exlport Trade.-N1~o provision of this Atppelndix relat-
igto prices or terms of selling, shipping, or marketing, shall apply
to exp'ort trade or sales on shipments for export trade. Export
Trade ", as used herein, is defined to mean. export trade as it is used
in the Export Trade Act of 1918.
Approved Code No. 84-ppendix No. 3.
Registry N~o. 1629--07.
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