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Approved Code No. 154--Arnendment No. 1
Registry No. 1136--01
NATIONAL RECOVERY ADMINISTrRATION
CODE OF FAIR~ COMPETITION
METAL TANK INDUSTRY
AS APPROVED ON AUGUST 2, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
This pub~lication~ is for salle by~ the Sulprintenlde~nt of Docume;n ts.; Governmient
Printing Otli~c. W~ashiingrtonl, D.I'.. alnd by Jiistriret (ffs c*8 o~f the~ Unre~u of
Foreign anld D< mo~t ie Commernce.~
DISTRICT OFFICES OF THE DEPARTMENT OF COMMCERCE
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Seattle, Wash.: SO93 Fedecral Office Building.
Approved Code No. 154---Amendmentt No. 1
AMtENDMIENT TO CODE OF FiAIR COMPETITION
METAL TANK INDUSTRY
As Anr\pproe on Auguist 2, 19341
AlPPRO\?NG( AMIENDMRENTS TO THE CODE OF FAIR COMPETITION FOR THE
MiETAL TANKE INDUSTRY
An appllication having been duly made pulrsuannt to and in full
comnplian~e with the" prov\isio~ns of Title I of the National Inldust~iall
Recovery~ Ac~t, appr~oved~ June 1_6, 1933, for approval of amenldments
to the C'ode of F~air Competition for the Metatl Tank Industry, and
hearings halving b:een duly held thereon and the annerred report on
said amendments, containing findings within respect thereto, having;
been madte and direi~ctd to the Pr~esident;:
NOW'. T~HEREF~ORE, onl behalf of the Presidlent; of the United
States, I. Hugh~ S. Johnson, Admriniistratolr for Industrial Recovery,3
pursuant, to authority rested in m~e by Exrecutive Orders of the Presi-
dlent, including Ex-ecutiv-e Ord~er 654--A, dated D~ecember 3_0, 1933,
and otherwise, do thereby inlcorlporate by refencltle, said ~nnlexedl
report andt dZo find that said amet~clnments and the Code as can tituted
after being amnendedc comply in all respects with the per~tinenlt pro-
visions and will pr~omote thee policy and purposes of said Title of
said Act, aend do hereby order that said amendments be and they are
hereby appr~ovedl, andi thlat the previous approval of said Code is
hereby modlifiedl to inc~ludle an approval of said Code in its entirety
as amended,. such appr'oval and such nmendme~nts to take effect
fifteen days from the date hereof, unless good cause to the contrary
is shown to the A~dministrator before that time and the Administra-
tor issues a subsequent order to that effect
HUGH S. JOHNSON,
Adminiistrlato~r for JIduS~tlriaI Recovery.
Approval recommended :
BaToN WT. MUaRHAY,
Division, Admin istrator.
Aiugust 8, 1934.
REiPORT TO THE PRESIDENT
The Wh"ite~ House.
SmR: Thii is a report on the Amendmelcnts to- ther Codec of F~air
Complletitio)n fo~r the M~etal TLank Indu~stlry as revZ:isedC after a PubieI
Ilearinlg conduted in Wanshington on Mayv SH, 19c34. in aIccordane
with Article IX, Section (g) of said Codelt as:I)1'\Cl appove on De.Cember
1.5, 19:33. Due opportunity to be he~ardl was sfforded~~ all interesctted-
Thle Amendments~ilt p~rovide for mn toyaussessmntn s against
m~emblers of the Indusltry for th expense o-f Codel Adlminit~stratin;
Irevisions of aInd additions to the tradelt practice p~rov,\isions; to~ mct thle
needs of thet Indiustlcry.
The Depurty ASdministrat~or in his final report to me! on said
Aiiitmendment to sraid Code hanvinrr f~undl as herein set forth andl on
thie basis of allthe proceedingSs in this matter:
I finld that:
(a) TPhe Amlendments~ to said Codle and the Co.de as amended ar~e
well dlesignedl to promote the policies and pulrposes of Title I of the
NEGational Indfustrial Recovery Act, including the remnoval oif obstruec-
tions to the frece flow- ofr interstate: and foretign commerce~ which tend
to diminish thle amount thereof, andi wrinll povide for thle general wPel-
fare by promoting the organization of Industry for thle purpose of
cooperartlve action amongv trde groups. by indlucingr andcl maintaining
ulnit~el action off Ilaor andi management undler zldequrate groverm~lnent
sanction andi supervision, by ehmninating unfair competitive prac-
tice~s, by promlotingr the~ fullest possible ultilizatio-n of the present.
productiveP capacity odf inldus~tries, by avoidling undtue r~estriction of
production (except a.; maity be temporar~ily requiredl), by increasing
the consumption of industrial andi agricultulral products through
increasringI purchasing power, by redu~cingi and relieving uInempiloy-
ment, by improvringr standards of Inbor, anid by otherwise r~ehabilitat-
(b) Thle Code as amecnded covmplies in all respects w~ith the perti-
nent prov\isio~ns of said- Title of said~ Act, includling ~it~hout limnita-
tion Subhsection (a) of Sectionl 3, Sutbsection (a) o~f ~SectionI 7, andr
Sublsection (b) of Sect ion 10 thereof.
(c) The1I Code cempowerscl the Cod~e A~uthtority to p~resenlt the afor~e-
said Amendmelll~tnt s on behailf of thet Ind-ustry as a whlole.
(d) The Amendmern ntst and. the Code as ameindedl are noct decsignied
to and wvill not perm-iit mnonopolies or mniopi~olisti c practirces.
(e) The Amnendmen~nt s alnd the Cocde as amendedd are not dlesigned
to and will niot elimlinate or (,pprless small enterp~rises andr will not
operated to dliscr~iminat e agalinstt theml.
(f) Those engagedl in other step~s of the economliic pl~rocss have not
been dleprivred of the Iiright to be heard pr~ior to approval of said
IFor these r'easons), these Amlendments~lt have been approved byr mre.
Hean~l S. JorNwson,
Adm171i is trator.
SAuoc~sust 2, 1934.
AMTEhINDMENT TO CO)DE OF~ FAIR COnrPE~TITI ONu FOR
THE-~I ETcIA L TA~NK INDUS'TRY1
Punrsunt. to Arlticle IX, Sectior n (g) o~f the Codie of Faijr Completi-
tioln for the 1\letal T'ank1 Industry. 1~! duly approvedl by thle Pre~sident
on D~ercemberl 15, 1933R, and furithecr to, cff~c~tuate th~e poc~lic~ies of Title
I of th~e Natio~nal TIndulstrial Rcovrc1Y A~ct. thle follow~iwcr untlendC-
Inents are establliched as: a part o'f said i'(del of F~air Complleitition alnd
A RTICL.E VTI--ADMIIhIN'I1(TH11T IO
Thle scom1r .-entecile of Subsectiio (c:) of Scction 1 is h~erebly
amendedr~ by" delcting the wordls crIeatingI andl to reand as follows-:
Anyv ilcnlembe of the Im~lus~tryv may~ partic~ipa;te in thle pr1eparatnln
andl any revision of and~ adlditions or suppt~cllements to this C'ode byv
assuming his har~e of thle responsibility of adminisiteringg it, andl
pay\ing his proper prorat~a sla re orf thle cost of r nami nisteringlc it., either
by becomiiing a member of thle Associa~tion or by paying his proper
share of the costs to the Cod~e Aulthority.
There is hereby addtced at thle end of Se~ctionl 2 a newr sub- section
lettered (i) to read as follows.i:
(i) NCothing continued in this Code shall constitute the miemube~s
of t he Code Authority pa rt ners for any1\ purIpose. Nor' shall any muem-
ber of the Code Authozrity be liable in any maunner to any oIne for any
act of any other member, officers, agrent or employee of the Code
Author~ity. N~or shall any member of thle Codle AuthlOrity exercising~
reasonable diligence~ in the conduct, of his dulties hlereundcr be liable
to any one for any action or omnissioni to act under thle Code, except
for his owrn ~wilful malfeasance or nonfeasance.
Th~fere; are hereby addedl at. thle end of Section 2 new sections
numbered Section 3, Section 4, and Section 5 to read as follows:
SECTION 3. It being found necessary in order to support thle admlin-
istration of this Code and to maintain thle standards of fair compe-
tition establishedcc her~eunder and to effectulate the policy of thle Act,
thae Code A~uthority is authorized:
(a2) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes, anid to meret such obligationls ou~t
of funds which may be raised as hereinafter provided and whlch~
shall be held in trust for the purposes of the Code;
(b) To submit to th~e Adlministrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary
(1) an itemized budget of Itsi estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of the
(c) After suc~h buldget anrd basis of conrtl~lribion. have been ap-
proved by the Administrator, to leter~mine and obtainl equlitalble con-
tribution as abov-e set forlthl by all memberhcr of the Industry, and to
that3 end, if ne1~(ce-snary to insi~tutel legal pronlleed~ings theretfor in its
SEcTION 1Eac~h membert-; of the Indrustry- shall pay his or its equll-
table conltributionl to the exesesr!r o~f the maintenance of the Code
Authority, de~termnall as her~ir nabove provided~, and subject to rules
and regulations per'tainingc thetrcto, issued. b~y the Administrato~r.
Only memc~bers of the Industr~y complying withl the Code andi conr-
tr~ibutingf t the~ exrsesIsl of its amnilnstratioo n as hereinabovec prfo-
v\idedl, unless duIy cxempted~: fromr making such contribution, shall be
entitled to par~ticipate in the selection of members of thle Code~
Authority or to r~ece~ive the benefits of any of its voluntary aIctivities.-
or to make use of any emblemn or insigfnia~of the National ERecoveryJ
AdmIni n istration.
StECTrON 5. The Corte Authority shall neither incur nor pay any
o~bligantion substanrtia~lly in ex~cess;.; of the amount thereof as e.,~tilnuitedl
in its approved- budget; and shall in no event exceed the total n amount
containedc in the apiproved bud~-get except upon ap~r~oval of the Ad-
ministrator; and no subseqciuent budgetl.~ shall contain anly deficiency
itemn for exipenditur~es in excess of prior bjudgret est ima te; except those
which the Adm~inis tra~tor shall have so approved.
AUCTIC'I.E VICII--TRADE PRACTICES
Scction 1, sub-section (d) is heresby deleted, and there is added a
new- sub-section let te red (d) to readl~ as follows:
(d) Secretly offering or making any payment or allowance of a
r'ebalte, refund, (commission~,l, credit, unearned discount or excess allow-
a~nce, whether in the formn of money or otherwise, or secretly offering
or1 extendcing teo any customer anly special service or privilege not ex-
tended to all culstomeilrs of the same class, for the purpose of
influencing a sale.
Sect ion 1, subl-section (s) is hereby amne to rnketead as foll ow
(s) Cha~nging~ quc-tatio-ns;, except ()t aethmcnomt
revisions in price lists; (2) to adjust such quotations to changes in
specifications; (3) to correct bona fide errorsl.
There is hereby add~ed at the end of SectionI 1, sub-section (v) a
new sub-section~ lettredl (w) to read as follows:
(w) Giving, permitting to be given, or offering to give, anything
of valueI for the pr~lrncpos of in~fluenrr;lcin or rewarding the action of
any employee, agent, or Icr~ere-etativec of another in relation to the
business of thle employer of such employees, th~e princcipal of such
agent or t.he represe~ntedc~ pa rty~~i~, without, the lIowlF~ edge of such em-
ployrer, principal or party. Ti pr~ovision shall not be con~struedl
to prohibit free and general distribution of articles commonly used
fol r advertising except so far as such articles are actually ulsed~ for
commercial bribery aIs her~einabove defined.
Section 2 is hereby amended to read as follows:
SEC~TION 2. Any deviatio-n froml the provisions of this Code, or any
amendments thereto, b~y anly member of the Indulstry,, either. directly
UNIVERSITY OF FLORIDA
IIU IIIIIIIIIII IIIilillillilIllllI ll
6 3 1262 08856 1237
or indlir~ectly, shanll b~e considered an u~nfair method of competition
and a viovlation of thiis C'ode byv such members.
There is hereby\ atdded at the end~ of Article XYa new article num-
bered Ar~tic~le XI to, readl as follows:
ARTICLE XI--EFFECTIV' E T)ATE Or AIMENDMIENTS~
The foregoingr amendmentns shall become effective on the date of
approval by the Adminlistrator.
Approv-ed Codte No. 154-Amcndmentt No. 1.
Registry Nro. 113f--01.