NATIONAL RECOVERY ADMINISTRATION
C ODE OF FAIR C OMPE TITION
NON-FERROUS HOT WATER TANK
(A Division of the Fabricated M~etal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)
AS APPROVED ON APRIL 4, 1934
WE DO OUR PART
UNIV. OF FL LIb.
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. - Price 5 cents
Approved Code No. 84--Supplentent No. 14
Registry No. 1129--1--14
This publication is for sale by the Sup~erintendent of Documentrs, Governmrent
Printing Office, Wanshington, D.C., and by district oilices of the Bureau of Foreign
and Domestic Co~mmerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Offine Buildinig.
B~irminghamll Ala.: 257 Federal Building.
Boston, MIass.: 1801 Customuhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Char~leston, S.C.: Chamber of Conuneree Building.
Chic~ago, Ill.: Suilte 17016, 201 North WVells Street.
Clevelalnd, Ohio: Chamlber of Commirerce.
Dallas, Tex.: Chalmber of Commuerc~e Building.
Dertroit, Illich.: 801 First National Bank; Building.
Bouston, Tex.: Chiamber of Commlerce Buildling.
Indiaunpolis, Ind.: Chamuber of Comllaerce Building.
Jackisonville, Fla.: Chamber of Commerce Building.
K~ansas City, Mlo.: 1028 Baltimore Avenue.
Los Angeles. Calif.: 1163 South Broadwray.
Louisville, Ky.: 408 Federal Building.
Mlemphis, Tenn.: 229 Federal Building.
M~inneapolis, Mlinn.: 213 Federal Buildinig.
New Orleans, La.: Room 225-A, Customhouse.
Newr Yorkr, N.Y.: 734 Custombouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia,, Pa.: 422 Commercial Trust Building.
Pittsburghl, Pa.: C3hamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Ilo.: 506 Olive Street.
San Francisco, Calif.: 310 Custombouse.
Battle, Wansh.: 809 Federal Office Building.
Approved Code No. 84d--Supplemen~t No. 14
SUPPLEMENTARY CODE OF FAIR COMdPETIT`ION
NON-FERROUS HOT WVATER TI1ANK
As Approved on April 4, 1934
API'ROVING'( SEPPL.EMIENTARY CODnE cO FAIR COMP\IIETITIOIN FOR THE NON-i
FErRROUs HerT 1YATEn: TAhxK I\ANUFAC.TCHING INDUSTRY
A DII\ISION OIF THIE FABRICATED METAL :PR(.DUC`TSi MAN~TTACTURTIING AND
MIETAL FINIrSHING; AND~ MIETAL COATING INDUS~TRY
An application having beeni duly made pursuant to and in full
cocmp~liance w~ithl the provisions; of 'T'itle I of the National InldustrialI
Recov,\ery Ac~t, appr~oved~t June 16;, 1J3:3, and in neccordalnce~ with the'
prlovisions orf Sec~tio~n I of Ar~ticle VI of the Basic Co~de for their
Fabr,!icatedl Me~tal P1rouc.ts Manlufacturing and Meital Finishing andj
Metal Conting~ Indlustry!, applroved~ November 2, 1933, for approval
of a Sup'plementury~v Codle of Fair Competition for the Non-Fejrrous
Ho~t Wa'Lter Tank; Mfnuifnetu ringi Industry, a~.snd~ hearings having been
July? herldl thlereonl; and the annex~ed report on said Sulpplemntary1~~
Codetl, containing findcings w-ith respect thecreto, havingc been made andi
direc~ctd to the President:
NOWV, THEREFORE, on behalf of the PI~~residet of the U~nitedi
States, I, Hugh S. Johnson. Admninisctrator for Industrial Recovery,i
pursuant to nu~t.hlority vestedl in me by Exiecutive Order~ls of th~e
President, inlcludling Executive Order No. 6543--A, datedl Decemnber
30,. 1933. andl otherwise; dlo he~reby incorpyoratec by reference said
annexedl report andt do findi that ;aid Supplementar~y Code complies
in all respects writh the pertinent provisions and will pr1omiote the
policy andl purposes of snid Title of said Act; and do her~eby order,
that said Supp'lementary! Code of Fair Comnpetition be and it is hereby
approved; provided, h~owev\er, that the pr'ovisions of Article VI]I,
Paragrlap h (a), insofar ns they nprescibeP a waitingr period between
the filing with the Codle Autho~rity and the effective date of revised
price lists or revised sterns andt conditions of sale be and they are
hereby stayed pending my fulrthler Order either within a period of
fil240"~- 482~~1--310 3 (111
siit~y days fromt the effec~tivee date of this Supplemnentary C~ode or
after the completion of a study of open price associations now being
conducted by the National Recovery Admninistr~ation.
HUGH S. JORNSON,
Administ~tratr fol Ilndus~tria l Rec~ov~ery.
A. R. GLANCY,
April $, 1934.
REPORT TO THE PRESIDENT
T'he Wh'Fite Houlse.
Smn: This is a report on the Supplemnentary Code of Fair Com-
petition for thle Noni-Ferr~ous Hot Wa'ter. Tank Mannufactur~ing In-
dustryr, a division of th~e Fabricated- 1\letal Products Alanufacturing
and M netal Finishing and lIfetal Coating Industry, the hearing having
been condulctedd thereon in Washingtonn, D.C., January 19, 1934, in
nccordalnce w~ithl the provi ions of Title I of the National Inldus-
trial Recovcry Act.
The Non-Ferrou~ls Hot W~ater. Tankc Rlanufneturingr Industry,
being truly- repre entativer of thiis division of the Fabriented Metal
Pr~odctcs M~aiu facturing and( 1\letal Finishinlg a nd Jfetal Coating
Indus~try. has; elected to avanil itself of the option of submittins r a
Supplementary Code of Fair Comnpetitio as provided for in ee-
tion 1 of Ar~ticle V'I of the Basic. Clode, for the ]Fabr~1icate~d Mietal
Products lunnufafctur~ing andl Meta; Finishing anld MIetail Coating
Indulrstry alpprove'd by Yo'u on th~e secondc day of Novemnber, 1933:.
RnCIscal OF TH-E CODE
ArticlIe I states thec p~urpos~e of the Supptlemntaryl Code.
Article II aCccuratetcly' Jet~ines~ sptcifil. termllS employed)3~f in the Surp-
ple, renta ry~ Codje.
Article III. Th~is InldustryY is a divisionn of the Fabr~iented~ Mctal
Pr~oducts MaI1nufac~turingill~ and Etal Finishing and Mletall Coatingr
Indulstry! andl the Inbor pr,1ovisions~ of its Bssic~ Code, as apprloved
Novlemb er 1033~, ar~e thle labor pr1ovisions of this Sup~lemerntary
Article IV- estab~lishes n SCupllementur~y Code Authlority consist~-
ing orf fivet (.;) mlembers~c to be e~lec~tedl by! the members of the Indus-
try at. a meeting e~nlledl by the Temnpmary~ Suplplementary Code An-
t.horityr, andc gives the Adc-minis-trator th~e authority to appoint one adl-
dlitional member without vote andc prov-ides machtinery for ob-taining
statistics and thie ndministration of the S=upplementury Code.
Article V' provides for an necounting systeml and methods of cost
finding and or estimaiting.
Article V:I p~rov-ies for detterminingr the lower~t, r~easolab~le cost of
the products of this Ind~ustry?.
Article V~II providers methods of setting up and revising p~rice lists.
Article VIII sets fourth the unfair trade practices of thijs Supple-
mentary Code w~hichi has beenl especially designed~ to offsett unfair
competition in thlis dlivisioni of the Industry.
Article IX contains the mandatory provisions contained in Section
10 (b) and also provides for the submission of proposed amendments
to the Supplemenltary Code.
Article X r~ecognize~s that price increases b~e limited to actual addi-
tional increase in thle seller's costs.
Article XI provides aga;inlst monopolies and monopolistic practices.
Article XII states the effective dante and durationl of this Supple-
The Assistant. Deputy Admlinistr~ator in h~is final report to me on
said Sjupplementary~ C'ode having found as herein set forth and on
the, basis of all the plroceedlingrs in t.h~is- mnat~ter:
I find that:
(a) Said Supplemlentary Code is well designed to promote the
policies and purposes of Title I of thle Nuational Indrustrial Recovery
Act, including remova~l of obstructions to the free flow~ of interstate
and. for~eignn comner~ce wh)ichl tend~ to dlimiinish th~e amount thereof
and will prlovide for the general welfare b~y pr~omoting thle orgarnizu1-
tion of inldustryv for~ thle ~lpurpsesj of coopterantive notion amlong the
trades groups, byv indlucing and mailntaining united action of Inbo anld
mana~lgemlentn under1 odeq~cuate gov~ernmental sanctions anrd supervi-
sionl, by elimrinatingg unfair conlpetiti ive prlactices~, by' pr'omoting the
fullest possible utilization of the present productive c~apacityr of in-
du.-.tr~ies, by! avoc.iding undue r'estr'ictioni o~f p1rouctionl exceptt as mnay
be temporanrily requir~ed),! by increansilgr the cons~umption of indlus-
trial and agrriculturan ll poducts through increasing purch~asinlg power,
by reducing~ andi relieving unemlployment, by,! implroving sta~ndardsc
of labor, and by otherw~iie rcha;bilitatifiing .inustry.
(b) Said~ Indlustry normainlly employs not m-~or~e thann 50,00i0 eml-
play3ee~s ; andl is nout classitiedl by' me as a mnajor indcuitry).
(c) The Supplem ntary Codle as approvedl compliesi in all respects
with the pertinent prov-isionls of said Title of saidl Act, including
without limitation Suibsection (a) Of Se~ctionl 3. Subsection (a) of
Section 'r, andi Subsection (b) of' Sectio 10 thereof; and that the
applicant groupl is anl industrial group tr~uly representative of the
aforesaid Inldustry; and that said association imposes no inequiitable
restr~ictions oIn mission to mermberslip thln~ at ndnl o erein
(d) T'he Sulppt~leentary3 Clode is not eiedtadwllntpr
mit. mornopolies or monopolistic practices.
(e) The Supplemntaryar Code is not designed to and will not elimi-
nate or opp~e~ss small enterprises and will not operate to disc~riminate
(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
F'or these reasons, therefore, I hav\e approved this Supplemnentary
HUGH S. JoENSON,
ARIuL 4l, 19341.
SUPPLEMENTARY CODE OF FAIR COM1PETITON 'OIR
THE NON-FERROUS HOT WATER TANKE MANUFAC-
A DIVISION OF THE FABRICATED METAL PRODUCTS IMANUFCTURING AND
3fETAL FINISHING AND MIETAL COIATING; INDUSTRY
To effectuate the policy of' Title I: of the N(ational Industrial
Recovery Act, t~he following provisions are established as th Sup-
plement~ary C'ode of Fair Comlpetitionl for the Non-Ferrous Hot
Water Tank Mianufacturing Industry, pursuant to Article V7I of
the Basic Code of Fair Competition for the Fabricated M~etal Prod-
ucts Ma nu fact uri ng a nd M~etal Fi nish ing and Metal Conti ng Indulstry
app"roed by the Presidlent of the United States on the second day of
November, 1933, andi the provisions of this Suipplementary Code shall
be the Standard of Fair Comnpetitioni for andl shall be bindlingr upon
every member of the Indlustry.
The term Non-Ferrous Hot Wanter Tank Ma~nufacturingg In-
dustry hereafter referredl to as the "' Industry "' is defined to mean
the manufacture for sale of copper andi other nonl-ferrous metal
range boilers, storage tanks andl tanks for autom~atic and non-nuito-
mlatic water heaters for wor~-:kingr pressure of ov-er fifty (50) pounds
per square inch restricted to sizes not exceedling one hundred niineteen
(119) gaallons' capacity.
The termi member of the Industry as ulsed herein, includes, but
without. limitation, any mivri\idu~al, partnership, assoelation,, cor-
poration, or other form of enterprise engaged in the Industry,, either
as an employer or on his or its own behalf.
The termn employer ", as used herein includes anyone by whom
any such employee is compensated or employed.
The term employee ", as usedl herein inclules; anyvone engagedl
in the Industry in any capacity receivingi compensationi for his
services, irrespective of the nature or mnethiod of paymenlnt of suich
Thee term '' Federation ", as used~ her~ein is defined to mean the
Fabricated Mletal Products Federa7tionl or its successor.
The terms President ", "'Act andi "Adlministrator ", as used
herein shall mean respectively the President. of the U~nited States,
Title I of the National Industrial Recovery Act, andl the Admlinis-
trator for Industrial Recovrery under Title I of said Acet.
The term Basic C'ode ". as usedl herein, is defined to mean thle
Basic Code of Fair Clompetition for the Fubricated Mietal Products
Mranulfactur~nringnd MePtal F~inishing and; M~etal Clontinp Industry, as
approved by the Pr~esident on the second day of Novemober, 1933.
The term i ,S~upplemientary Code Authority ", as us~ed herein, means
the agency which is to administer this Supplementary Code as here-
The term "'Association ", as used herein, is defined to mean Non-
Ferrous Hot WaRter Tanlk Mlanufacturers Association or its successor.
The term Supplementary Code Committee ", as used herein, is
defined to mean th~e committee appointed by the Boar~d of Directors
of t~he Non-Ferrous Hot. Water T'ank MCanufacturers Association to
present this Supplemientary Code.
ARTICLE III ERPLOMIENT Pnov.ISIONs
This Industry is a division of the Fabricated M~etal Products Man-
ufacturing and M~etal Finishing and Mletal Conting Industry, and
without limitation the wage, hour and labor provisions in Article III
of its Basic Code as approved by the President November 2, 1933,
including Section 1 of said Article III by wvhich the provisions of
Sub-sections (1), (2), and (3) of Section 7 (a) of Title I of the Act
are made conditions of this Code, are specifically incorporated herein
and made a part hereof as the wage, hour and labor provisions of this
ARTICLE IV--ORGA~NIZATION AND AmBIXlsTRATmon
SECTION 1. During the period not to exceedl sixty (60) dlays fol-
lowing the effective date, the Supplementary Code Committee of
the Industry shall constitute a temporary SplmnayCd u
thority until the Supplementary Code A authority~ ielctded Ther
shall be constitutedl within the sixty-day1 period a Supplemnentary
Codle Authority consisting of five members to be elected by the
members of the Indlustry, at a meeting called by the Temiporary
Supplementary Code Authority, upon ten (10') days' notice sent
by registered mail to all known members of the Inldustry, who may
vote either in person or by proxy. The members of the Supplemen-
tary Clode Authority first, elected shall serve until the following
annual meeting of the Association, and thereafter, members of the
Supplementary Code Authority shall be elected at each annual
meetings of the Association to serve until the following annual meet-
ing. The members of the Supplementary Code Authority shall be
elected in the following manner:
(a) One member who shall be a member of the Industry by a
majority vote of all members of the Industry present in person or
by proxyr each member to have one vote.
(b) One member who is not a member of the Association by a
majority vote of all members of the Industry, present in person or
by proxy, each member to have one vote.
(c) Three members by a fifty-one percent (51%) vote of mem-
bers of t~he Associat~ion, present in person or by pr~oxyv, weighted
on the basis of one vote for each member and one additional vote
for each one thousand (1,000) gallons of sales in the previous calen-
dar year reported to the Supplementary Code Authority; Provided.
however, that no one members may cast more than 331/3 percent of
total number of votes cast.
A vacancy in the m~embership of thet Sup plementary: 3 Code ~Au-
thor~ity mlay~ be filled by a majority vote of the remaining members
of t~he Supp~lementary Code Authority, providedl, however,' that the
righlt to vot.e, as set forth above, sihall be subject to the Ilmitations
providedt in Section 4 of this Article.
In addition thereto the A~dministrantor mray appoint a member of
the Supplementary Code Autho~rityr who shlall be without vote. TIhe
repr~esetntative whlo mayT be appointed by the Administrator shall
be given reasonable notice of all meetings and may sit at all meetings
of the Sulpplemlentary~ Code Authority.
SECTION 2. XIny XbSOClat~ilon directly or indirectly participating in
the selection or activities of the? Sulpplementary Code AthorityV
shall (1) impose~c no inequitable restrictions on nem-bershiip, and (2)
shall ulse due diligence in submlittings to the Administrator true copies
of its Articles of Asso;l;c~iation, By-Lawms, Regulatio~ns and any amend-
mets w~hen made there~to, together -with such ohther information as
to members~hip, organization, anrd activities as mayT be reas~onably
nece~rssary to efftectuate the purposes of the Act.
~EC.TIONS 3. In order that. thle Supplementary Code ALuthority shall,
at' all times, h~e truly repr~esentative of the Indlustry3 and in other
respccts comply wTith the pr~oviions of the Act, the Aidmninistrator
mnay prescri~e such hiear~ings as he na~y reasonably deein~ proper'_"'; and,
ther~eafter, if h~e shall find that the Sjupp!llementaryS Code Authority
is not tr~uly repr~eserlnttive or does not in others resp;lects comply with
t~he provisions of the Act, may3 require the removal of anS; or all the
members thereof and may make an ap~pro pr~iate molcdificantion or mzodi-
fications in the method of selection of the Supp~lemeintary Code
Aut hori ty.
SECTION 4l. Thle Supplemlentary Code Authority is hi~ierey consti-
tuted thle agency to administer th~e provisions of this Supp~I!]lemenltary~
Code, and through a confirdential agent, to collect. and distribute all
statistical r~epor~ts of the Indtustry. With. a view to keeping the
President informled~ as to~ the observancre or non-observa~ncet of this
Supplemlentury Code, said agency shall collect through its confiden-
t~ial agent such statistics as ar~e called for by the President and/or the
Administrator andi sendl themn in such form as t~he Pr~esident and'or
the Admlinistrator mayn3 require to the Fabricatedl Metal Prod~ucts
Federation, or successor organization as the agenrcy amni~nllstering
this said Basic Code.
SECTION 5. Nothling continued in this Code shall cocnstitute the
members of t he Sup plemetntary3 Code Aiuthorityv part ners~ for a ny
purpose. Nor shall any mermber of the Supplementary Code Au-
thority be liable in any manner to anyone for any net. of any mother
members, officer, agent or emnployee of the Sulpplementar~y Code Au-
thority. Nor shall any members of t.hle S~up~plementalry Code Au-
thority, exer~cising r~easonable diligence in the conduct of his dut~ies
hereunder, be liable to anyone for any action or omission to act
under this Supplemnentary Codle, except for his own wilful misfea-
sance or non-feasance.
SECTION 6. The Supplementary Code Authority, through its confi-
dential agent, shall also, from time to time, fur~nishl to the Basic
Code Authority, designated in said Basic Code, such information
as may be required to be furnished under the terms of said Basic
SECTION 7. The Supplementary Code Authority shall have all the
powers and duties which shiall be necessary or proper to enable it to
fully administer this Supplementary Code and to effectuate its
Without limiitation to the foregoing or any other powers or duties
provided forr in this Supplementary Code the Supplementary Code
Authority shl~nl have t~he following specified duties:
(a) To adopt By-laws and rules and regulations for, and keep
records of its procedure and for the administration and enforcement
of the Supplementary Code.
(b) To use such trade associations and other agencies as it deems
proper for the carrying out of any of its activities provided for
hererin, provid~ed that nothing herein shall relieve th~e Supplementary
Code Authority of its duties or responsibilities under this Supple-
mentary Code and that such trade associations and agencies shall
at, all times be subject to and comply wTithl the provisions hecreof.
(c) To make recommendations to the A~dministrator for t.he coord-
ination of the administration of this Supplementary Code with such
other cole~s, if any, as may be related to the Industry.
(6l) The Supplemlentary Code A~uthority shall have general power
and su!pervision over the enforcement of the provisions of this Sup-
plementary Code and they are hereby designated as the agency for
administering, supervising andi promoting th~e observance of the
provisions of this Supplementary Code, and shall have power to
obtain from all members of the industry such data as may be neces-
sary for th~e complete administration of the provisions of this
(e) Ea2ch member of the Industry subject to the jurisdiction of
this Supp~lementary Code shall pay to the Supplementary Code Au-
thority or its agent his or its proportionate share of the amount
nece~ssry to pay the cost of assembling, analyzing, and publication
of such reports and data and of the maintenance and operations of
the Supplemnentary Codle Authority in connection with its activities
_relative to the administration of this Supplementary Code; said
proportionate share to be based uponi the net sales and, or such other
equitable fa cto rs as the Su pplementa ry Code Authority may
(f) To cooperate with the: Administrator in regulating; the use of
any NRA insignia solely by those members of the Industry who have
assented to, and are complying wit~h, this Supplementary Code. To
require that any article manufactured by those members of the In-
dustry who have assented to and are complying; with this Supple-
mentary Code shall bear the NRA insignia.
SECTION 8. If t~he Administrator shall determine that any action
of a Code Auithority or agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such Code
Authority or agency pending final action which shall not be effective
unless t~he Administrator approves or unless he shall fail to disap-
prove after t~hirtyg days' notice to him of intention to proceed with1
such action in the original or modified form.
SECTIONK 9. Each member o~f tlhe I~ndustry subject to the jurisdiction
of this Code shall comply w~ith all requirements of the Supp~lemen-
tar~y C'ode Auth~ority madle or taken pur~ua nt to thie provisions of this
Code, andl the failure of any member of the Indust ry w~ithin. a reason-
alble. time so to do, shall constitute a violation of th~e Code.
AnnO(LE VT-AC~ouSnTNo areD CosTNw
W'ith respect to tha3t portion of his product which is within the
Industry, every emlploer shall use an accounting systemu for deter-
mlining hlis allowanble cost which co~nfoIrms to the principles of, and
is at least as detailed and complete, as, the uniform methlod of ac-
counting, and the uniformly m~ethod of costing, to be formnulated by
thle Sup~plemen~tary Code Auth~ority) and approved by the Admimis-
t ra t~or.
rlRTICLE VrI-S~ELLING BELOW GOST
No emp'loyer shall sell or exchlange any prodnect, of the Industry,
mnanufacturedc by him, at a p~ric~e, o~r upon terms and conditions,
wrhichl will result. in thle plurchaser paying for the goods received,
less thian th~e allowable cost the~reof to the seller, determined in accord-
ance with a uniform miethodl of costing above described;; provided,
however, thiat dropped lines.i, or seconds, or inv-entories whlichl must
be conver~ted intor rash to mleett emergency needs may be disposed
of by any empiloer, at any price andl on any terms and conditions,
but only' if suchb emlployer, not less than two weeks be-fore. such dis-
posal. has filed w~ith the S;uppleme~ntary Code Authority, a state-
ment. in wrIiting setting fourth the fact of, and reasons for, suich
proposed disposal; nold prlov'ide1d further, thnat thne Suppleen~e tary
Code Authority, uipon appliention to it may grant permission to
any emiployrer to sell below his costs inl order that he may meet
competitive prices filed in accordance with the provisions of ~Art~icle
V'II of this Suppleme~nntar Code, or to meet competition fr~om prod-
uets of equivalent dlesign, character, quality, or specificaotionls, mianu-
factured outside thie United States.
Provided further that no provision of this Code relating to prices
or terms of selling, shilpping or marketing, shall apply to export
trade or sales or shipments Efor Export Trade. Unless and to the
extent that the Sup~plementaryr Code Authority shall otherwise de-
termiine, the sale of any products by any member of the Industry
for direct shipment to the Phillippines, ~Hawaii or Porto Rico or
other insular possessions of the United Stat~es of America shall not
be deemed export trade..
ARTICLE VTI--RICIE ISIfTS
(a) Each member of thle Indlustry shall within ten (10) day
after the effective date of this Supplementary Code, file wilthth
Supplementary Code Authority a net. price list, or a price list and
discount sheet, as the case may be, individually ptrepare by him,
and in such form as the Supplementary Code Atoiymype
scribe showing his current prices, or prices and discounts, and terms
of sale munl p~ayment. and the Supplementa ryS Code Authority shall
immediately .sendl copies thereof to all known manufacturers of such
specified product. Siuchl price lists shall be available to all interestedl
buy~er~s at t he office of thle Su ppllementa ry Codle Authority.
Revised price lists and,~ or discount sh~eets and or all other condi-
tions of sale mlay be filedl froml time to time thierenfter w~ith the Sup-
plementary Codie Authority by any manufacturer of such product,
to become effective up~on the dante specified~ therein, bult uch revised
price lists und. or discount sheets and 'or all other conditions of
sal shll e fledwit th SupleentryCode Authority ten (10)
days in advasnce of th~e effective dante. Cpe fsc eie rc
lists andl or dliscorunnt sheets andl or all other conditions of sale with
notice of the effective date specified, shalnl be imnmediately sent to all
known ma~nurfact ure'ss of such product, wh~o are complying with 3ll
the provisions of thlis Supplll~ementary Code, any of w~hom moav file
if hre so dlesir~es, to become eff'ective up~on the date w~heni the revised
price list and or discount sheet. andl.cor all1 other condlitions of sale
first filed shllR1 go into effect, revisions of his price lists, and ,or
discount sheets andl.'or all other conditions of sale establishingr prices
or prices and dliscounts not lower or' conditions of sale not more fa-
vorable than those estab~lishled in the revised price lists and lor dis-
count sheets and or all other conditions of sale first filled. Such
price lists shall be avanilable to all interested buyers at the office
of thle Supp~llementary Code Authlority.'
(b)j No member of the Indlustry shall sell or exchange any prod-
net of the Industry at prices low-er or discounts greater or on mnore
favorable telrms of pamnt~n~i thani the price lists of such member
on file at theC offiC'e of the SupplemnentaryS Codle Authority as above
(c) Thre Supplementaryt7I~ Code Authority shall hav\e power, on its
own1 initiative, or' on th~e comnplninlt of anyl employer', to investi-
gate any pr'ice or the terms of sale and payment for any product
EllO~nll In an price list andl or discount. sheet. filed w~ith~ the Sup~-
plemerntory Code Author~ity by any employer.
Eachl employe r shall furnish th~e SCupplementary Code Authority
fo dlistr~ibutio~n with such number of copies of his price lists and,.'or
discount sheets aS Sjupp~l~l emntary) Codle Authority may prescribe.
ARTICLE VTIII-1.TNFAIR TRADE PRACTICES
In addition to the Unifair Trade Practices covered by Article V
of the Basic Code, excepting A, and for all purposes of this Sup-
plemnentary? Code the following~r described acts shall constitute unfair
practices. Any' member of thle Indulstry who shall directly or indi-
rectly throc-ugh any officer, employee, agent or representative use or
employ any? of such unfair practices shall be guilty of a violation
orf thlis Supp)1lemnta~ntry C'ode.
RTLE I. Onjrlers).--All orders shall be: acceplt~ed or rejected by the
manurfac-turer when received, and all orders not for immediate ship-
ment shall be signed by the purchaser. Orders for tanks of up to and
including 100 gallon capacity for delivery at a date exceedingr thirty
days fr~om date of order but in no event exceeding ninety days from
a ee, paragraph 2 of order approvhig this Code.
date of order shall be in the sptcifiedc contract formn pre~paredl by the
Sjupplemecnntary Code Authority subject to the approval of the Ad-
mi nistra t or. Orders for tanks of up to andl including 100 gallon
capacity shlall cover specified articles to be delivered on or before
thirty dayls from receript o~f border and shall be p~ricedl at pr'icesd in
effect. at daute of border. Ordlers for heater tanks sold to heater mianu-
incturers shall cover specified ar~ticlers to be delivered on or before
a definite date within ninety dlays from date of order and shall be
priced at prices ini effect at date of order. Orders for tanks in excess
of 10)0 gallons capacity fo~r sp~ecified job~s shall be~ necepted at prices
in effect at. the diate of r~ece~ipt of order for delivery w7Phen the specified
job is read-y.
RULE II. /n z07008 ----All sales shall be3 invoic~ed separately with the
date of shiipment and such invoices, together with credit miemoranda
and all other documents relating r h alsalceal n c
curately state all of the essential elements of the sale, including
types andl sizes of pr~odulcts,, quantities, prices, credit terms, discounts,
allowances, date of order, dlate of shipment, and other pertinent in-
formation. Copies of invoices, togeStther wCith credit memnoranda und
all other sales documents, shall, when requlested, be fied wit th
Supplementary Code Authority, andc, in the event of a complaint,
sworn copies of invo
thority upoxn its r~equest. Failure to complly with. any of the provi-
pions of this rule shall constitute unfair competition and a violation
of this Cod-e.
RULE III. Standarylizat'iSCf on of Pro~duc~tsr.-T-lhe SI~upplemne ntary Code
Authiorityv shall mlake studies for the estab~lishmient of classifications,
dimnensIonal standlards~~ andl quality for the products of this Indus-
tr~y, in cooperation with some Federal Government Agency, pref-
erably the Bureau of Standards~ of the United States, Department of
Conmmer~ce with th~e viewF to their recommlendaation ~for dopt) ion by
this Indus~try; suich standards when approved byamortvoeo
this Industry hall become the standards ofa th iis ndustt oerly within
ninety (90,) days and thereafter the Industry shall follow such
RULE I INlsr4fiOn.--It shall constitute unfair competition for a
manufacturer to allow credit on a domestic sale for a defective arti-
ele until th~e fnet of such defect. shall have been established by an
authorized r~epresentative of the manufacturer and the goods returned
to the manufacturer.
RULE V. Con~sig'ned Stocks.--It shall constitute unfair competition
to consign stocks of the products of this ]Industry to jobbers, plumb-
ers or similar sellers, except under circumstances to be defined by
the Supplemientaryc C'ode Aluthor~ity,, subject to review and approval
of the. Admiinistrator, where peculiar circumstances of the Industry
require the practice.
RULE VI. DefiSn.ition. of Cwfo~rners.--The Supplementary Cocde
Authority shall, with t~he approval of the Adminlistrator, set up defi-
nitions for thle various classes of customers within this Industry.
When so approved by the Administrator, quotations, prices, dis-
counts, credit, terms, allowances or other conditions of sale, shall be
made on the basis of such definitions and deviations therefrom shall
constitute unfair methods of competition and a violation of this
RUTLE V II. Discr)im~~inatlion.-It shall constitute un fair competition
for a manlufacturer to discriminate in prices, terms, discounts, allow-
anices, guarni'itees, or in any other way between pur~chasers of the
samie class w\hethler the material is sold for purchaser's stock, for
specific buildings operations, for federal, state, county! or municipal
governmienit, or for any other specific purposes; provided, however,
that nothing in this code shall be construed to pr~evenit any mianu-
facturer fron! selecting hiis own customners in bonas fide transactions.
Re LE V'III. Secreut Hebates.-W~i thholdlingr from, or inserting in the
invoice, ori o~ther sales dorcumients, facts wh~IICh manke saidt documents
false records, wholly or inl part, of the transaction represented on the
face thereof, and, or paymelnt or allowance of secret rebates, refunds,
credit, uiineanedl discouunts whether in the formi o-f money or other-
w~ise, or thle extension to certain purchasers of services or privileges
not, exitendedc toc all pur~chasers. i of thle same class urnder likie termsn andl
conditioning, constitutes unfair competition.
RT`LE TS. POtDli ngf/j~j~( a)nd Pre-Dat~fingc.--Post-dlt ing or pre-dlat-
ing quotations, orders, invoices, statements or other sales documents
is usua~lly~ do~ne for the pulrp-ose of facilitating unfair comlpettiton,
and is itself h~er'eby dleclar~ed to constitute unfair competition.
RULE S. ilht~ifuddyi 131'4~f l Of Contra'(ct.--Inducing or attempting
to induce the breach of a contract betw-een a1 compl-etitor' andl his cus-
tomeri duringf th~e termn of such contracts, constitutes unfair comnpeti-
tion. Providled, that nothing in thiis Rule shall be taken to prevent
a par'ty who has quoted- on the material involved from calling to the
attention of the purchaser, even though the order has been placed
and necepted, that the list of materials for~ whlich thre order hias been
placedl does not conrformi in size, quantity or quality to the list on
wh~lich the quotations wrere solicited.
RI;LE XI. LumpI Su(1n Blidingy.--Quoting a total price on any
schedule o~f dissimiilar materials w~hichi does not show,. or which is
lowerl thani the sum of the regurilar unit prices of the articles comi-
p.rising~ thec schedul~le. constitute s unfair competition. Where an ar-
ticle consists o-f two or. more parts which themselves ar~e considered
uniits by thie Indulistryr, the unit price of the comibination article shall
not be less thani the sum of the unit prices of the articles which com-
prise it andl the invocice shanll list each itemr separately with its price.
RULE XII. T~rade~ Alarkinig.--All products of the Industry, exv-
cepting panrts, shall be plainly branded or marked for identification
with a name or trade-miarki in addition to a label, if any, to be on
file with the Secretary, in order to avoid deceivinga purchasers or
prospective pur~chaser~s. Alisbrasnding or failure to brand constitutes
RULEP TT 1 1.;l;,c z i870pril ntarto n.- Adverrtisi;ng sel~i ng or offering to
sell any product of the Indlustry in such a manner as to deceive pur-
chasers or prospective purchasers as t~o the quantity, quality, gradle,
size or substaic~e of such product, constitutes unfair competition.
RULE XIV. Sulbsti tutioz.--The furnish ing of articles more or less
expensive, of better or inferior quality, or of larger or smaller size
than specified without making the proper adjustments in the quoted
price and clearly indicating the nature of the substitution on the
invoice, constitutes unfair competition.
RULE SV. CO-r/?UNercPcld B, /Jer)y.--No member of the Indul~stry
shall give, permit to be given, or directly offer to give, anything
of vanlue for the purposeI~~ of influell~ncin or rewardl~cing the action ofi
any employee, agent or re-presentative of Anlotherr in relation to the
busineiss of the emplloyer of such em~ployee, the principal of such.
agent or the represented parlty, without t'he knowledge of such em-
ployer, principal or par~ty. C'ommllercial br~iber~y pr~ovisions shall
not be conlstr~ued to prohibit, free andi grener~al distribution of articles
corlmmonly used for adve-r~t~ising except so for as such articles are
actuanlly usedl for commlnercial bribery as hereinabtove defined.
RULE XVJI. Priotectioi.--The sale of manter~ials under any form.
of guaraAntee against dleclinle in the price of said product, constitutes
u nfa ir comp Iet i tion.
S~ECTION 1.. The PIfe~ldent mlay froc-m t.imec to time cancel or modify
any border, approval, license. rule or r~egulations issued unlder Title I
of th~e Natio-nal Indlus;trial Recovery Act.
SECTION 9. This Sup Lplemllenta ry C'od~e, except as to prov\isioins re-
quir~ed by t~he Act, may! b~e modcifiedl on the hasis of experiences or
changes in cir~cumstajncs, suchl mod,~ifientio~ t~o be based upon ap-
plication by the Supllple mntaryti 1 C'ode Authoityit or other re~presenta-
t ive group w it hin thle I ndu st ry, to, thfe: Admlin istra:tolr anld such notice
and~ hlear~ings as he shall sp-ec~ify; and: to become ~ffecrtivec, as a part
of this Code, on approval by the Presid'ent.
ARTICLE X--PHICE INCHEASES
Whereas the policy of the Act to incr'ease real pulrchasing power
will be made impossible of consummanlltion if prices of goods and serv-
ices increase as ranpidly~ as wages, it is recognized that price inlcreases
except such as may be r~equir~ed to mreet individual cost should be
delayed. But when made such incr~eases should, so far as possible, be .
limited to actual addlitionall incr~eases in thle seller's costs.
ARTICLE 11-- 10NOPPOLIES
No provision in this Cod~e shall be interpreted in such a way as to
permit, conduct or operations tending to promote monopolies or to
eliminate or oppr~ess small enterprises, or to discriminate against
ARlTICLE XiII--EECTIV'E DATE AND UIRATION
This Supplemnentary Cod:e shall become effective at 12:01 o'clock
A.MI. Eastern Standardl Time on thee tenth day after it is approved
by the President and shall continue in effect until June 16, 1935, or
the earliest date prior thereto on which the President shall, by proc-
lamation, or t~he Congress shall, by joint. resolution declare that thle
emergency recognized by Title I of thle National Industrial Recovery
Act, has ended.
Approved Code No. 84--Supplemente No. 14.
Registry No. 1129--1-14.