Supplementary code of fair competition for the steel package manufacturing industry (a division of the fabricated metal ...

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Material Information

Title:
Supplementary code of fair competition for the steel package manufacturing industry (a division of the fabricated metal products manufacturing and metal products manufacturing and metal finishing and metal coating industry) as approved on May 16, 1934
Portion of title:
Steel package manufacturing industry
Physical Description:
14 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Container industry -- Law and legislation -- United States   ( lcsh )
Steel industry and trade -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

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. 1136-08."
General Note:
"Approved Code No. 84--Supplement No. 25."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952804
oclc - 63655324
System ID:
AA00006946:00001

Full Text





















































I al
Eor sle by the Superintendent of Documents, Washington, D.C. - Price 6 cents


Approved Code No. 84--Supplement No. 25


Registry No. 1136--08


NATION AL RE CO VERY AD MINISTRA TION



SUPPLEMENTARY
CODE OF FAIR COMPETITION

FOR THE

STEEL PACKAGE

MANUFACTURING INDUSTRY

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

AS APPROVED ON M~AY 16, 1934


WE DO OUR PALRT


Ui.S


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934

























This publiention is for sale by the Superintendent of Documents, Government
Pr'intingp Office, Washingrtonn, D.. and ba dsri~crr toficies of the Burreauo i o Foreign
and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMlENT OP COMMERCE
Atlanta, Ga.: 5041 Pospt Office Building.
B~irmingham, Ala.: 257 Fedleral Building.
Boston, Manss. : 1801 Custombouse.
Buffailo, N.Y.: chamberer of Commerce Building.
Chiarleston, S.C.: Chamuber of Commecrce Building.
Chiicagro, Ill.: Suite 17068. 201 North W'ells Street.
C'levelandl. Ohio: Chambe, r of Comimer~ce.
Dalin7s, Tex.; Chalmber of Commerce Building.
Detroit, ~Ilieb.: 801 First National Bank Building.
Houston, Tex.: Chambnner of Commecrce Buildling.
Inliannpollis, Indr.: Chambler of Commerce Building.
Jack~sonville, Fla.: Chambe~r of Commerce Building.
Kanisas Cit'. M~o.: 1028 Baltimlore Av.enue.
Los AngFeles, Caliif.: 1163 South Broadw~ay.
Louisville, K~y.: 408S Federal Building.
Mlemphis, Tenn.: 229 FedernI Building.
Mlinneapolis, Mlinu.: 213 Federal Building.
New Or~leans, Ln.: Room 225-A, C'ustomhlouse.
New York,. N.Y.: 7341 Custolubouse.
Nor'folk. Vas.: 4106 East Plume Street.
Philadlelphia. Pa.: 4''2 Commercial Trust Building.
Pittsburgrh, Pa.: Chamber of Comlmer~ce Building.
Portlaind, Oreg.: 215 New Post Office Building.
St. Louis, M~o.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wa3sh.: 800 Federal Office Building.









Approved Code No. 84--Supplement No. 2r5


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

STIEELI PALLCKAGE MANUFACTURING I~NDUSTRY~

As Approvd on M~ay 16, 1934


ORDER

A~PRe\NovC SU~PPLEMENTARY CODIE OF ]FA~IR COMIPET.ITIO)N FOR THfE
STEEL PACKAGE R11ANUFACTURINGO INDUSTRY
A DEV~ISION OF THE FABRICATE META PRODUCTS IMANUFA~'CT`URING; AND
METAL FINISHING AND METAL COATING INDUSTRY
A1n. application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and in accordance with the
provisions of Section I: of- Article VI of the Basic Code for the
fabricated Mietal Products Manufacturing and Metal Finishing and
Metal Coating Industry, approved N~ovember 2, 1933, for approval
of a Supplementary Code of Fair Competition for the Steel Package
Manufacturing Industry and hearing having been duly ~held thereon;
and the annexed report on said Supplementary Code, continuing
findings wiith respect thereto, having been made and directed to the
1Presidlent :
NOWC, THEREIFORE, on behalf of the President of the U7nited
States, I, Hugh S. Johnson, Adminlistrator for Industrial Recovery
pursuant to authority vested in m~e by Executive Orders of the
President, including Exrecutive Order NSo. 6543-At-, datedr Decemnber
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Supplementary Code com-
plies in all respects wJcith the pertinent provisions and will promote
thie policy and purposes of said Title of said Act; and do hnerebyl
order that said Supple~ment~ary Code of Fair Competition be and
it is hereby_ approved; prov-ided, however, that th~e provisions of
Article VT, Paragraph A, insofar as they provide that any existing
price list shall remain in effect for a period of ten (10) days fo~llow-
ing the filing of a revised price list, be and they hereby are stayed
pending my further Order.
HIUGHC S. JoINSON,
Adm~inistrzto~r for Induzstrial RecovLer~y.
Approval recommiend-ed :
A. R. GrL~ScY,
D~iv~ision Administrator.
1VASHINGTON, 1).C,,
Va y 16T, 19.34.
593T7"--54-1-86----34 (11'











REPORT TO THE PRESIDENT


The PRESIDENT,
The If'hite House.
SmR: This is a report on the Supplementary Clode of Fair Com-
petition for the Steel Pac~agre Mlanufacturing Industry, a division
of the Fabriented MIetal Pro~ducts Ma~nufacturing and M~etal Finish-
ing and Mietal Contingf Industry, the hearing having been con-
ducted thereon in W'ashington. D.C., December 19, 1933~, in accord-
ance wpith the provisions of Title I of the National Industrial
RFecoveery Act.
GENERAL STATEMENT

The Steel Packa~ge MIlanufacturing Industry, being truly repre-
sentative of this division of the Fabricat~ed Metal Products Manu-
facturingr and M~etal Finishing and Mletal Coating Industry, has
elected to avail itself of the option of submitting a Supplementary
Code of Fair Competition, as provided for in Section 1 of Article
VI of the Basic Code, for the Fabricated Metal Products Manu-
facturing and M~etal Finishing and Metal Coating Industry approved
by youll on the second day of November, 1933.
Fciscari: OF THE CODE

Article II stcuatey the purose of the Supplementary Code.
ArtcleII ecratly efiesspecific terms employed in the Supple-
merntn ry Code.
Article III. This Industry is a division of the Fabricated Metal
Products M~anufacturin g and Metal Finishing and Metal Coatig
Industry and the labor provisions of its Basic Code, as approve
November 2, 1933, are the labor provisions of this Supplementary
Code.
Article IV establishes a Supplementary Code Authority consisting
of five (5) members to be elected by the members of the Industry at
a meceting called by the Temporary Supplementary Code Authority,
alnd gives the Administrator the authority to appoint one additional
member without vote and provides machinery for obtaining statistics
and the administration of the Supplementary Code.
Article V sets forth the unfair trade practices of this Supplemen-
tary Code which has been especially designed to offset unfair compe-
tition in this division of the Industry.
Article VI contains the mandatory provisions contained in Section
10 (b) and also provides for the submission of proposed amendments
to the Supplementary Code.
Article VII provides against monopolies and monopolistic prac-
tices and recognizes that price increases be limited to actual addi-
tional increase in the seller's costs.
Article VIII states the effective date and duration of this Supple-
mientary Code.







FINDINGS

The Deputly Admlinistrator in his final report to me on said Sup-
plementary C'ode having found as herein set forth and2 on the ba:=jsi
of all the p~roceedinlgs in this matter:
I: findl that:
(a) Said Supplemnentary Code is well designed to promote the
policies alnd purposes of Title~ I: ofl the Nationral Ind~ustrial [Re-
cover Act, including removal of obstruc~tio~ns to thle free flow of
interstate and foreign commerce which tend to diminish the amnounit
thereof and' will provide for the general welfare by p~romnoting the
organization of industry3 for thie purposes of coop~erative acitio~n
among th~e trade groups, by inlducing and maintaining united action
of labor and mlanageme nt under adeqluate. governmntlr n sanctions
and supervision, by eliminating unfair competitive practices, by
pr~omotlng the fullest possible utilizat~ion of the present productive
capacity of industries, by avoiding undue restriction of production
(exceplt as ma~y be temporarily required), by- incrensingr the con-
sumption of industrial and agricultural products thr~ough increas-
ing purchasing power, by reducing and relieving Ilonemployment,
by imp-rovingr------ standards of labor, and by otherw\Tise rehalbilitatingr

(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Supplementary Code as approved comnplies in all respects
wtlith the pertinent provisions of said TIitle of said ALct, including
without limlitation Subsection (a) of Section 3, Subsection (a) of
Section 7, and Subsection (b) of Section 10 thereof ; and that the
applicant group is an industrial group truly representative of the
aforesaid Industry; and that said group imnposes no inequitable
rest rictions on admission to membership therein.
(d) The Supplemenntary Code is not designed to and will not per-
mcit monopolies or monopolistic practices.
(e) The Supp~lementary Code is not d~esig~nedl to and will not elim-
inate or oppress small enterprises and will not operate to discriml-
inate against them.
(f) T'hose engaged in other steps of the economic process have
not been deprived of th right to be heard prior to approval of
said Supplementary Code.
F'or these reasons, therefore, I. have approved this Supp~lemnentury
Code.
Respect fully,
Huan9 S. JoHNLson,
A dmzinfistrat or.
WasmrIIrowoN D.C.,












SUPPLEM~I\ENTARY CODE OF FAIR COMPETITION FOR
THE STEEL PACKAGE MlANUFACTURING INDUSTRY'

A8 DIVISION OF THE FABRICATED METirAL PRODUCTS MANUFAC~TURING AND
MITTABL FINISHING ANDl M\ETAL COATING INDUSTRY

ARTICLE I--PERPOSES

To effectulate the policy of Title I of the National Industrial
Recovery Act, t~he following provisions are established as a Supple-
mentary C~ode of Fair Competition for t~he Steel Package Manufac-
turing Industry, pursuant. to Article VI of the Basic Code of Fair
Competition for the Fabricated Metal Products MaInufact~uring and
Metal Finishing: and Metal Coating Industry approv-ed by the Pres-
ident of the United States on the second day of November 1933, and
the provisions of this Supplementary Code shall be the standards of
Fair C~ompetition for such Indust~ry and shall be binding upon every
member thereof.
ARTICLE II-DEFINITIONS

The term Steel Packiage Mnnulfacturing Indcustry ", hereinafter
referred t~o as the Industry, is defined to mean the manufacture for
use. or for sale of Steel Packages (made of twentyv (20) gauge and
lighter steel with capacities up to and including twelve (12) gallons)
to be usedl in the shipment of such products as alcohol, paint, chem-
icals, petroleum products, plastic products, and such other products
as are or hereafter may be shipped in such containers.
The term member of the Industry ", as used herein, includes, but
without limitation, any individual, partnership, association, corpora-
tion, or other form of enterprise engaged in the Industry either as
an employer or on his or its own behanlf.
The terms President ", "LAct ", and "Administrat~or ", as used
herein, shall mean, respectively, the President of the United States,
Title I: of the National Industrial Recovery Act, and the Adminis-
trator for Industrial Recovery under Title I of said Act.
The term "L Basic Code ", as used herein, is defined to mean the
Basic Code of Fair Competition for the Fabricated Metal Products
Mannufacturing and Mletal Finishing and M~etal Coating Industry,
as approved by the President on the second day of November 1933.
The termn Basic Code Authority ", as used herein, is defined to
mean the Executive Committee of the Fabricated M etal Products
Federation.
The term Institute as used herein, is defined to mean Steel
Packagre Manufacturers institute, or its successor.
The. term Supplementary Code Authority ", as used herein, is
defined t~o mean a special committee of five (5) members who shall








be elected from the membership of the Industry and the Institute
by a fair method of election.
The termr duly authorized Agent or "A~Lgent of the Supple-
mentary Code Authorit as used herein is defined to metan the
Comm issioner of th~e Steel IPackage M~anufact~urers Institute, or his
successor in o~ffce. Said Comminssione~r, in order to qulalify as suchl,
shall be entirely free from. any interest in or connection with any
company engaged in the manufacture or sale of the products of the
Industry.
The term F~ederation ", as used herein, is defined to mean. the
1Fabricated 1\fetal Products Federation, or its successor.
ARTICLE III--EnuPLOYMENTT PROVISIONS

This Industry is a division of the F'abricated Mfetal ]Products
Manufacturing and 1Metal Finishing and Mectal Coating Inldustry
and without limitation the wage, hour and labor provisions in Arti-
cle IIII of its Basic Code as approved by the President on November
2, 1933, including Section 1 of said Article III by which the provi-
sionls of subsections (1-), (2) and (3) of Section 7 )of Title I of the
Act are madle conditions of the Code, are speci ally incorporated
herein and made a part hereof as the wage, -hour, and labor provisions
of this Suppleme~ntary Code.
Analcran IVT-ORGANIZAT[ION AND ADMINISTRATION

SECTION 1. During thle period not to exceed sixty (60) days follow-
ing the effective date, the duly authorized ~Agent shall constitute a
temporary Supplementary Code Aruthorityr until the Supplementary
Code Authority, consisting of five (5) members, is ezlectedl by the
members of the Inzdustry assenting to this Supplem~entary Code, as
.hereinafter provided, at a meeting called by the temporary Supple-
mnent~ary Code Authority, upon ten (10)days' notice sent by regis-
tered mail to all known members of teIndustry, who may vote
either in~ person or by proxy. The members of the Supplementary
Code A8uthority shall serve for a period of one year from the date
of their election, and subsequent elections shall be on the same basis
as above provided. Immlediately after the annual election of said
Supplementary Code Authority, the members thereof shall appoint
a duly authorized ALgent to administ~er the provisions of this Supple-
mientary Code.
The members of the Supplementary Code Authority shall be
elected in the following 'manner: One member, who shall be a mem-
ber of the Industry, not a member of the Institute, (provided there
are such members of the Industry who are not memlber~s of the Insti-
tute), to be elected by a majority vote of the qualified members of
the Industry present in person or by proxy, each member to have one
vote. Such one member to be nominated by the members of the
Industry who are not members of the Institute.
Four members, w~ho are members of the Industry and members of
the Institute to boe elected by a; majority vote of the qualified miemn-
bers of the I~ndustry present in person or by proxy, each member to








have one vote. Such four members to be nominated by the members
of the Institute.
A vacancy in the membership of the Supplementary Code Author-
ity may be filled by a majority vote of the remaining members of the
Supplemlentary Code Authority. The member who is elected to fill
suchi vacancy shall be chosen from the class of members in which the
v~acancy has occurred.
In addlition thiereto, the Administrator may appoint a member of
thle Supplemlentary Code Authority who, without vote, shall serve
without expense to t~he Indlust~ry unless the Supplementary Code
AuthIor~ityr agrees to pay such expense. The representative who may
be appointed by the Administrator shall be given reasonable notice
of and may sit at all meetings of the Supplementary Code Authority.
SE~jCTION 2. The Trade Association directly or indirectly partici-
pating in the selection or activities of the Supplementary Code Au-
thority shall (1) impose no inequitable restrictions on admission to
membership and (2) submit to the Admlinistrator true copies of their
articles of association, by-laws, regulations and any amendments
wh~en madle thereto, together with such other information as to mem-
bership, organization and activities as the Administrator may deem
necessary to effectuate the purpose of the Act.
SECTION 3. In order that the Supplementary Code Authority shall
at all times be truly representative. of the Industry, and in other
respects comply with the provisions of the Act, the Admzinistrator
may prescribe such hearings as he may deem proper; and thereafter
if he shall find that the Supplementary Code Authority or its Agent
is not truly representative or does not in other respects comply with
the provisions of thie Act, many require an appropriate modification
of selection of the Supplementary Code Authority.
SECTION 4. (1) It. being found necessary to support the Admin-
istration of this Supplementary Code in order to effectuate the policy
of the Act and to maintain the standards of fair competition estab-
lished~ hereunder, the SupplemnentarCoeAhriysauorzd
(a)To ncu suh rasoabl obigations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds whichl shall be held in trust for the purposes of the
Supplementary Code and raised as hereinafter provided;
(b) To submit to the Administrator for his approval, subject to
such notice anid opportunity to be hecard as he may deem necessary:
1. An itemized budget of its e timanted expenses for the foregoing
purposes, and
2. An equitable basis upon which the funds necessary to support
such budget shall be contributed' by all members of the
Industry entitled to the benefits accruing from the mainte-
nance of such standards, and the administration thereof;
(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and collect equitable con-
tributions as above set forth, and to that end, if necessary, to institute
legal pr~oceedingis therefore in its own name.
(9) Each member of the Industry shall be liable for his or its
equitable contribution to the expenses of the maintenance of the Sup-
plementary Code Authority as hereinabove provided. Only members
of the Industry complying with this Supplementary Code and








making such contribution shall be entitled to participate in the
selection of the members of the, Supplement.ary Code Authority or
to receive the benefits of its voluntary activities or to mnake use~ of
any N.R.A. insignia.
SECTION 5i. The Supplementary Code Authority, thro~ugh its duly
authorized Agent, is hereb~y constituted the agency to administer
the provisions of this Supplementary Code and shall hlave all of the
powers which shall be necessary andi proper to enable it to fully
administer this Supplementary Code and to effectuate its purpose.
The Supplementary Code Authlority3, through its duly aluthlorized2
Agen~, shall have the following furth-er powers and duties:
(a) To insure the execution of the provisions of the Supple-
mentary Code.
(b) To adopt by-law\s and rules and regulations for its proc'edur~e
and for the administration of the Suppelementary Code.
(4e) To obtain from mremnbers of the Indlustryr such. information
reports as the Ag~ent of the Supplementary Code Authorityr
may require for thLe administration of the Supplemecntuary Code
and to provide for submission to the .Administ~rator by members of
the Industry of such information and r~eporrts as may be necessary
for the purposes recited in Section 3 (a) of the Act; provided that
nothing in this Supplementanry Code shall relieve any mlember of the
Industry of any existingr obligations to furnish reports to any Gov-
ernment agency. No individual reports shall be disclosed to any3
member of thle Industry or to anyone other than the ~Administrator
or his dul authlorized representative and as hereinafter provided.
(d) To use such agencies as it deems proper for the carrying
out of any of its activities provided for herein, providedl that noth-
ing herein shall relieve the. Supplementary C~ode. APuthorityr of its
duties or responsibilities under this Supplementary Code and that
such agencies shall at all times be subject to and comply with
provisions hereof.
(e) To make recommendations to the Administrator for the co-
ordination of th administration of this Supplementary Code with
such other codes, if a.ny, as may be related to the Indust~ry.
(f) To secure from mnemers of the Industry an equitable and
proportionate payment of the? reasonable expense of the Supple-
mentary Code Authority and its activities as set forth in Sec~tion
4 of this Article.
(g) To cooperate with the Admainistator inl regula~ting the use
of any N.R.A. insigrnia solely by those members of th Indulstry w~ho
have assented to and are complying with this Supplementary Code.
(h) To furnish from time to t~ime to the Basic Code Ait~hority
desigPnated in said Basic Code, such information as mayv be required
to be furnished under the terms of the Basic Code.
SECTION 6. To the extent permlittedl by the Act and pursuant to
such rules and regulations as the Administrator may prescribe any
and all information furnished to the Supplementary Code Authority
by any members of this Industry pursuiant to the provisions of this
Supplementary C~ode shall be subject. to verification by impar~tial
agent. appointed by the Supplementary Code Authority, and each
member of the Industry shall furnish to such impartial agent so








much of his pertinent books, accounts and records as may be required
to verify the accuracy of the information submitted.
SECTION ?. Every employer shall provide for the safety and
health of employees du ring the hours and at the plarc~es of their umte
em ployment. Standard o safety andhelhsllbsu itd
by the Supplementary Code Authority to the Administrator within
sixr months after thle effective dlate of the Code.
SECTION 8. Complaints made by members of the Industry to the
Agent of the Supplementary Code Authority, of alleged violations
of anyr of the provilsions of this Supplementary Code, shall be made
in~ wvrting.
In the event of a complaint being registered against any corporate
memnber of the Indlustry alllegiing a violation of this Supplementary
Codethe upplmentry Cde Athority may cause an investigation
to b~e made by~ a person mutually agreed upon by the Supplementary
Code Authority and the member of the Industry against whom the
complaint is filed; or if thy are unabe to agree within a reasonable
timne by a disinterested person appointed by the Administrator
upon request by the Supplemuentary Code Authority. The Supple-
ment~ary Code Authority: may require the member complained
against to file with such Investigator, within such reasonable time
after receipt of a copy of the complaint as the Supplemlentary Code
Authority shall d'etermnine, an answer to such complaint accompanied
by supp~orting: data. Both answer and data, shall be verified by
affidavit. The investigator mnay examine so much of the pertinent
books and records olf such member as may be required to verify the
statements contained in said answer and/or the accuracy of the data
support ing~ such stalt~emet If the matter cannot thereafter be
satisfactorily adjusted wBlithinl t~he I~ndustry, the facts may be placed
before the Basic Code .Authority to be presented to the Adminis-
trator for such procedure as he may deem advisable under the Act.
Any representative appointed by the agent of the Supplementary
Code Authority to make any investigation, shall be a disinterested
person or persons, wr~ho shall be entirely free from any interest in or
connection with any company engaged in the manufacture or sale
of the products of the Industry.
SECTION 9. All1 individual and private information received by the
Aget of thre Supplementary Code Authorit~y from reports, or as a
result of investigation, shall be held in strict confidence and not dis-
closedl to any competitor or other persons outside the Agent's office,
w~ithiout the p~ernuission of the members of the Industry involved.
Provided, howecver, that such information may be disclosed to any
authlorized governmental agency, and provided further, that infor-
m~ation pertaining to the reporting of prices, terms and conditions
may be disclosed to effectuate the purpose of this Supplementary
Codle.
SECTrox 10. Nothing contained in this Supplementary Code shall
constitute the members of the Supplementary Code Aut~hority part-
ners for any purpose, either as among themselves, or in connection
with the Agent, of the Supplemzentary Code Authority. No member
of the Supplementary Code Authority shall be liable in any manner
to anyoe for aemnyctofany Codther member, officer, agent or employee
of te Spplmentry odeAuthority, nor shall thie Agent of ~the








Supplementary Code Authority be liable in any manner to anyone
for any act of any member of the Supplementary Code Authority
or any other offcer, agent or employee thereof. No member of the
Supplementary Code Authlorityr, nor the Agrent of the Supplementary
Code Authority, exercising reasonable dilig~ence in the conduct of
their duties hereunder, shall be liable to anyone f~or any action or
omission to act. under this Supplementary Code except for his own
willful misfeasance or non-featsance.
SECTION 11. If the Adminiistrator shall determine that any action
of a Code Aut~hority or agency thereof may be unfair or unjust. or
contranry to the public interest. the Administrator may require thant
such action be suspended to afford an opportunity for investigation
of the, merits of such action and further consideration by such. Code
Authority or ~agen~cy spending ~final action which shall not be effective
unless the Admrinistrator app~rov-es or unless he shall fail to disap-
prove after t~hirty days' notice to him of intention to proceed with
such action in the original or modified form.
SECTION 12. After a six (6) months' trial period, in case any provi-
sion of the Supplementary Code shall impose an unusual or undue
hardship on any member of t'he Industlry, such provision may be sus-
pended, for review, for a period of sixty (60) day-s by the Supple-
mlentary Code Authority, with the approval of the At5dministrator.
After the reviewl hearings may be held by the Administrator to
modify the provision in question.
ARrICLE V--RTH;EB OF FAIR, COMPETITION IN B6ANUFACTU~RING AND
AfARK(ETING1

(Superseding all Trade Practices set forth in Article 'V of the
Basic Code.)
Any member of the Industry who shall directly or indirectly
through any officer, employee, agen~t, or representative, fail. to comply
with any of the following Rules of Fair Comapetition in nlanufac-
turingr and Marketing shaiill1 be deemed to have violated this Supple-
mentary Code.
A. No products of the Industry, in whole or in part, shall be sold
or exchanged at prices less than the seller's cost of such~ products
such cost, to be based on a formula wl~hich shall be at least as; detailec
and complete as the formula to be prepared by the Agent of the
Supplementary Code Authority and approved by thne Admninistrator;
pr~ovided, howTever, that upon five (5) days' notice to the Agent of
the Supplementatryv Code Authority any member of th~e I~ndustryT mny
sell below his costs, in order that 'he may meet, competitive prices on
articles of similar style, gradle an~d/or specification filed in accord-
ance with the provisions of this Section.
When t~he Agent of the Supplementary Code A~uthority deter-
mines that an emergency exists in this Inclustry and that the enuse
thereof is destructive price-cutting such as to render ineffective orr
seriously endanger the maintenance of t~he provisions of this Supple-
mentary Code, the Agent of the Supplementary Code Authority may
cause to be determined the lowest reasonable cost o~f the products of
this Industry, such determination to be subject to such notic and2
hearing as the Administrator may require. The Ad~ministrantor








may approve, disapprove, or modify the determination. There-
after, during the period of the emergency, it shall be an unfair trade
practice for any member of the Industry to sell or offer to sell any
products of the Industry for which the lowest reasonable cost has
been determined at such prices or upon such terms or conditions of
sale that the buyer will pay less therefore than the lowest reasonable
cost of such products.
WVhen it appears th~at conditions have changed, the Agent of the
Supplemnentaryg Code Authority, upon his own initiative or upon
the request of a7ny interested party, shall cause the determination
to be reviewed.
Atll members of the Industry shall, within ten (10) days after the
effectivec dante of this Sup~plemnentary Code, publish for the benefit of
all inter~ested parties and file with the Agent of the Supplementary
CodeAutorit prce istssetingforth the prices, terms, extras,
quantity differentials and bases ofdlerathihhywllsl
thie products of the Industry; such prices shall be subject to a list of
minimum prices for Extras which shall be the lowest reasonable
cost for such Extras and shall be prepared by the Agent of the Sup-
ple~mentary Code Authority and submitted to the Administrator
frapproval. Said price lists and all revisions thereof shall be
made available to all interested parties.
`In the event that members of the Industry accept orders for car-
load quantities from customers located in the trade areas of the
cities inr which such members' plants are located and such orders
call for, or are based on, truck deliveryT, they shall be considered as
less-than-carload quantity sales unless complete delivery is continu-
ous insofar as conditions permit.
Each manufacturer's existing price list shall remain in effect for
a period of" te (10) days following the filing of a revised price list
and upon the filing of such revised list by any member of the Indus-
try the Agent of the Supplementary Code Authority shall immnedi-
ately furms copies of such revised list to all other members of the
Induistry.An other member, or members, of the Industrydeirn
to file revised, lists, to become effective on the samedtemy
do so provided that the prices set forth in such revised lists are not
lower cthan those in the first revised list filed and that they are filed
prior to said effective date.
When filing price lists, as set forth in this Section A, a sufficient
number of lists shall be furnished to the Agent of the Supplementary
Code Authority to enable him to supply a copy to each member of
the Industry, and in addition thereto six (6) copies for the use of the
Agent of the Supplementary Code Authority.
~Prices shall not be quoted on steel packages of new design and/or
construction until the proposed changes of design and/.or construe-
tion and the prices at which the new product will be sold have been
filed with the Agent of the Supplementary C~ode Authority, and
said Agent has notified all members of the Indu~stry of the proposed
changes and prices. Such notice shall be given by said Agent within
five (5) days after receipt by him of said proposed changes andl
prices.
Nothing in this Section Ai contained, however, shall be so con-
strued as to prevent the performance by any member of the Industry








of any valid, bona fide contract made an entered into before the
effective date of this Supplementary Code; provided, however, that
such contract has not been made and entered into before the effec-
tive date hereof in, contemplation thereof and wFith intent to defe~tt
the purpose hereof.'
B. Withholding from, or inserting in anly invoice a false record,
wholly or in part, of the transaction represenlted on the face thereof,
and- the payment or allowance of secret rebates, secret.r~efund~s, secret
credits, unearned discounts whetherr in the formn of mnone~y or other-
wfise), or t~he extension to certain purchasers of prices, services, or
privileges not extended to all purchanser~s under like~ conditions is an
unfair trade practice.
C. To defame or disparage a competitor dlirectly or indirectly, by
words or acts wvhich untrfuthlly imnpugn his business integrity, hnis
ability to keep his contracts, his credit standling, or the quality of his
products, is an unfair trade practice.
D. To imitate or simulate the trade mark, trade nam~e, package,
wrapper, or label of a comlpet~itor's product to such a degree as to
deceive or hav'e a tendency to deceive cus1tomners, is an unfair trade
practice.
E. To give,' permit, to be givecn, or directly offer to give, anything
of value for th~e purposie of influencing or r~ew~ardingr the action of
any employee, agent or representative of another in relation to th~e
business of the employer of such employee, the principal of suchl
agent or th~e represented party, without thne know~ledlge of such
emnployer, principal or party, is an unfair trade prac~t~ice. Pro-
vided, however, that nothing in this section contaiined shall be so
construed as to prohibit free and. general distr~ibutioin of articles
commonlyl used for advertising. except so far as s~uch articles are
actually used for commne~c~ial bribery as hereilnabove defined.
F. Thle false marking or branding of any product of the In-
dustry whichl has the tendency to mislead or deceivce customentrs
or prospective customers, whether as to thne grade, qualityv, quan-
tity, substannce, character, nature, origin, size, finish, or prepara-
tion of any product of the Industry, or oth~erwise, is an unfair
trade practice.
All members of th~e Indlustry\ shall comlply with the Inter~state
Commerce Commission specifient.ions, and the requirements of Rule
40 of the Conisolidated Classificantion, particularly as to the gauge
of steel to be used in the various types and sizes of steel pnekages,
subject to t.h~e stanldardl rolling to.lerannces of the National Associat-
tion of Flat Rolled Steel nlanuifacturers.
Further,! all mnemiber;s of the Industry shall mnake their steel pack-
ages of at~ed capacity with~ standard allowanc~e for cuttage.
Gt. The making or causing or knowingily permitting to be made
or published any false, miate~riallyg inaccurate or deceptive state-
ment., by w~ay of adlvertisemlent or otherwise, w-hether concerning
the grade, quality, quantity!, substance, character, natulre, origain,
size, finish, or preparation of any product of the Indlustry, or thle
credit terms, v-alues, policies, or services of any~ member of the In-
dustry, or othierwTise, having the tendency Or capacity to mnislead
a See paragraph 2 of order approving this Code.








or deceive customers or prospective customers, is an unfair trade
p ra cti ce.
H. Any orders for the products of the Industry, other than con-
tract orders, shall be on a basis of delivery being completed within
the calendar quarter in which such orders are taken.
All members of the Industry, when making sales which call for
delivery over a period of more than one calendar quarterly shall use
a standards form of sales contract which shall include maximum and
minimum quantities (with the mnaximum quantity being no greater
than 50% above t~he minimum quantity), or a definite percentage of
the customer's entire requirements with a maximum quantity for
whiich the seller shall be obligated, definite terms of time coverage,
adequate description of the product and all other items necessary to
form a complete, unambiguous agreement between seller and buyer,
said standard form of sales contract to be submitted to the Adminis-
trator for his approval.
The period of coverag~e under any contract of sale shall not exceed
a six (6) months' period from the end of the month during which the
contract is entered into. All such contracts shall expire at the end
of a calendar quarter, and the expiration dates of such contracts shall
not be extended for any reason; provided, however, that the Agent
of the Supplementary Code Authority. upon request by a majority
of the members of the Industry, and with the approval of the Admin-
istrator, shall be empowered to authorize a change in such period of
coverage.
For the purposes of this Section, a calendar quarter shall be de-
fined as follows: The first calendar quarter shall be the months of
January, February and March; the second calendar quarter shaHl
be the months of April, M~ay and June; the third calendar quarter
shall be the months of July, August and September; the fourth
calendar quarter shall be the months of October, November and
December.
I. All members of the Industry shall confirm all verbal contrac-
tual quotations in writing within five (5) days so that definite
evidence of such quotations mlay be on record, and such confirmations
must embody all terms and consid-erations of the proposal. No addi-
tional verbal understandings shall be entered into. Prices in written
quotations shall be either on the basis of a complete price, embodying
the price of the Standard Packagee and all extras, with the extras
listed separately, or a price on a Standard Package with the extras
called for being listed and priced. In order not to oppress or elimi-
nate small enterprises, no member of the Industry shall offer recip-
rocal business as a means of influencing the purchase of steel
packages.
J. Inducing, or attempting to induce, the breach of any contract
between a competitor and his customer, or the repudiation of con-
tracts or the acceptance of repudiations of contracts, are unfair
trade practices.
K. Shipping goods on consignment is an unfair trade practice.
The term "' Consignment ", as used in this section, means the supply-
ing of goods to a consignee for use and/or sale by the consignee
under any contract, agreements, or understanding whereby title to








the goods remains in the consignor until suchl time as they are with
drawn from the consigned stock and used and/or sold by the con-
signee, and under which no liability for the pIur~chase price of said
goods arises on t~he part of the consignee until such withidlarawll and
use or sale by him.
L. The sale of seconds ", shop worn items, or any packages,
except those of prime quality, is an unfair trade; practice. All such
" seconds and shop worn packages which~ cannot be renewedl as
prime packages shall be scrapped.
M~. The st~andardc terms of paymlent of the :Indu~stry shall not be
in excess of one (1) percet for cash in ten (10) days, net thirty
(30) days, from date of invoice and dfate of invoice shall not be
subsequent to date of shipment.. Provided, howre-e-r, that in cases
where numerous invoice~s are rendered to a customers dur~ingr any one
month, any member of the Industry may allow such discount of one
(1) percent for pay~meit onl the basis of settlements twice each month
as follows:
1. On invoices dated from the 1st to the 15t~h inclusive inl any
month, such discount may be allowed on payment of such invoices
on or before tlhe 25th of such month.
2. On invoices dated from the 16th to the endl of any m~onthi, such
discount may be allowed on pIaym"ent of such invoices on or before
the 10th of the next following month.
N. The giving; of any guarantee against. decline in price, except
as against t~he seller's own decline up to date of shiplment, is an
unfair trade practice.
O. All members of the Indlustry assenting to this Supplem'entury
Code shall send to t~he Agient of the Supplemenntay Code AuthiorityS~
within ten (10) day's after they are entered into, signed copies of
all contracts of sale. In the event that, an extra signed copy is noit
available, then the origiilnl copy shall be sent. to the Agent of the
Supplementaryy Code Authority, who shall record the same and
return it to thle sendler.
All shipments made against any contracts shall be completed
within fifteen (15) days after the expiration dates thereof. I h
ev~nt. of price adjusltment~s, necesary at. t~he beginnIng of anyr caletn-
dar quarter in order to comply with~ the terms of a contract, hp
mnents of all releases against such contract, placedl during the preced
ing calendar quarter, shall be completed within fifteen (15) days
from the end of such calendar quarter.
ARTICLE VI-MonIOIncurroNs

SECTION 1. This Supplementary Code andl all. the provisions
thereof are exnpresly madeP subjct, to the righlt of thle Pres~ident,
in accordance with the provisions of sub-section (b) of Section 10
of the Act., from time to time to cancel or modify any order, approval,
license, rule., or regulation issued uinderi saidl Act.
SECTION 2. ThlS Supplementary Codle, except ais to provisions re-
quired by the Act, may. be modified ani orT nmlendedct on the basis
of experience or changes in circumstances, slc~h mnodifications and, 'or
amendments to be based upon application by the Agenit of th~e Sup-
plementary Code Authority or other representative garou~p within the




UNIVERSITY OF FLORIDA

14 3 1262 08856 1245

Industry to the Administrator and such notice and hearing as he
shall specify and to become effective as part of this Supplementary
Code of approval by the President and/or the Administrator.

ARrIcu: VII-Ml~ONOPOLIE8

SECTION 1. No provision of this Supplementary Code shall be so
applied as to permit monopolies or monopolistic practices, or to
ehmninate, oppress, or discriminate against small enterprises.
SEorrow 2. WThereas the policy of the Act to increase real pur-
chasincr power will be made more difficult of consummation if prices
of gooois and services increase as rapidly a waguies, iomt iseondized-
that price increases except such as may b eurdt etidvd
und cost should be delayed, but when made such increases should,
so far as possible, be limited to actual additional increases in the
seller's costs.

ARTICLE VIII--EFFECTIVE DA4TE ANsD DonarroxO

This Supplement~aryv Code shall become. effective at 12:01 o'clock
A.Mi. On the tenth day after it is approved by the Pre~sidentl and shall
continue in effect until June 16, 1935 or the earliest date prior thereto
on which the President shall, by proclamation, or the Congress shall,
by joint resolution, declare that the emergency recognized by Section
1 of the National Industrial Recovery Act has ended.
Approved Code No. 84--Supplement No. 25.
Regristry No. 1136-08.