(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Iqdustry)
AS APPROVED ON MAY 22, 1934
WE DO OUR PARY
UNIV. OF FL LIBE.
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. - price 5 centr
Approved Code No. 84--Supplement No. 32
Registry No. I122---07
NATIONAL RECOVERY ADMINISTRATION
SUPPLE MENT ARY
CODE OF FAIR COMPETITION
HOG RING AND RINGER
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of th~e Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Offcre Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Illnss.: 1801 C'ustombouse.
Buffallo, N.Y.: Chamber of Commerce Building.
C'harleston, S.C.: Chlamber of Commerce Building.
Chiengo, Ill.: Suite 1700, 201 North Wells street.
C~levelandl, Ohio: Chamber of Commerce.
Dallas, Tex.: Chiamber of Commerce Building.
Detro~t, Mich.: 801 Fir'st National Bank Building.
Ho~usto~n. Tex.: Chamiber of Commerce Building.
Indlianapolis, Ind.: Chambel~r of Commerce Building.
Jacksourlle. Fla.: Chamlber of Commerce Building.
Ka!!nss City, Mlo.: 1028 Baltimore Avenoue.
Los Anigelesr, Callif.: 1163 South Broadwayf.
Lou~isiville, Ky.~: 40S Feder~al Building.
M~emplhis, Tenn.: 229 Federal Building.
~Iinneapolis, Miinn.: 213 Federal Building.
New Orlea~ns. La.: R~oom 225-A, Custombouse.
New Yor~lk. N.Y.: 734I Customhouse.
Norifolk, VaR.: 406 East Plume Street.
Phiiladelphia, Pa.: 42"2 Commercial Trust Building.
Pittsburgh. Pa.: chamberer of Commerce Building.
Portlandi. Orc`g.: 215 New Post Office Building.
St. Louisii, ~Ilo.: 506 Oliv-e Street.
Sanl Franel~sco, Calif.: 310 Customuhouse.
Seattle, W'ash.: 800 Federal Offce Building.
Approved Code No. 84l-Supplement No. 32
SUPPLEMENTARY CODE OF FAIRZ COMPI"ET3ITION
H[OG RING AND RINGER MANUFACTURING
As Approved on. May 22, 1934
AIPrrT~NovG SUPPLEMIENTARYJ CODE O7F FAIR COMPETITION FOR THEE ICOG
RIo EN IR~INGER RfA MANUFACTURING INDUSTRY
A DI\?SION OF THIE FABRICATED MIET~L, PRODUCTS M~ANITFCTURI NG A~ND
MYIETAL FINISHING AND METAL COATING :INDUSTRY
AQn application having been duly made pursuant to and in full
compliance with the provisions of Title I: of the National Industrial
Recovery Ac~t, approved June 16, 1933, and in accordance with the
provisions of Section I o~f Article VI of the Basic Code for the
Fabricated Metal Products Manufacturing and Mletal Finishinga and
Metal Coating Industry, approved November 2, 1933, for applroval
of a Sup~plemnentary Codle of Fiair Completitionl for the Hog Ring:
and Ringer Mianufacturing Industry, and hearing having been duly
held thl-ereon; and the annlexed report on said Supplermentary C=ode,
containing, findings with respect thereto, having been made and
directed to the President:
N;OW THEREFORE, on beh~nlf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vest-ed in me b~y Exec~utive Order'S of thne
President, including Exrecutive Order No. 6543-A, dlated December
30, 1933, and otherwise; do hereby incorporate by preference said an-
nexed report and do find that said Supplemnentary Code complies
in all respects with the pertinent prov'isions and will promote the
policy and purposes of said Title of said Act; and do h~ereby order
that said Supplemnent~ary Codte of F~air Competition be and it is
hereby approved; provided, however, that thze provisions of Alrticle
VII, Section 1, insofar as 'they prescribe a waiting period between
the filing w~ith the. Code Aulthority (or such agency as may be
designated in the Code) and the effective date of price lists, as orig-
inallyv fled andi/or revised price lists or revised terms and conditions
of sale, be and they hereb~y are stayed pending my further Order.
Huan; S. JoZnhson,
A dmIiZifs~t~rator fo~ I~ndu~stri'al Rec~ov~ery.
A. ]R. GLANCE,
May BS, 1934.
REPORT TO THE PRESIDENT
T2he If hite lo~use.
Sla:~~~ ~~~ Thsi eoto h uplemnentary Code of Fair Compet-
titionn for the Hog Ring: and Rne auatrn nuty
diivision of the Fabricated M~etal Products M1~anufacturing and Metal
F~inishingr and IMetal Cloa~ting Industry, the hearing having been
conducted thereon in 'Washington, D.O., F1iebruary 6, 1934, in accord-
ance with the provisions of Title I of the National Industrial
The H-og Ring and R-inger M~anufactu~ring~ Industry, being truly
representative of this division of t~he Fabricated M~etal Products
Manufacturing and M~etal Finishingr and Mletal Coating Indiustry,
has elected to avail itself of the option of submitting a Supplemen-
tary Code of F'air Competition, as provided for in Section 1.of
Article VI of the Basic Code, for the Fabricated Mietal Products
Manufacturing anid M'etal Finishing and M~etal Coating Industry
approved by you on thre second day of November, 1933.
`REsual& OF THE CODE
Alrticletr I states the purpose of thle Supplementazry Code.
A1Srticle ICI accurately defines specific terms employed in the Sup-
Article III. This Industry is a division of the Fabricated M~etal
Products Manulfacturingr and M2etal Finishing and Mietal Coating
Industry, and thle labor provisions of its Basic Code, as approved
~November 2, 1933, are the labor provisions of this Supplemnentary
Article I`V establishes a Supplementary Code A-uthority consist-
ing of the Executive Committee of the Hog Ring and Ringer Mianu-
facturers Association and gives the Administrator the authority to
appoint one additional member without vote andl provides machinery
for obtaining statistics and the administration of the Supplementary
Article V provides for an accounting system and methods of cost
finding and for estimating.
Article VI: provides against selling below allowab~le cost as deter-
miined by a uniform method of costing.
Article VII provides for methods of setting up and revising price
Article VIII sets forth, the unfair trade practices of this Supple-
mentarS Code which has been especially designed to offset unfair
competition in this division of the Industry.
Article IX provides against monopolies andl monopolistic prae-
Article X contains the mandatory provisions contalined in Sectionn
10 (b) and also provides for thle submis~sion of pr11oSpose amendments
to the~ Supplementary Codte.
Article XrI recognizes that price incr1easezs be limited to actual addi-
tional increases in. the seller's costs.
Article XII states th'le effective date and duration of this Supple-
The Deputy Administrat~or inr his final report to me on snid Sulpple-
ment.ary Code having found as herein set forth and on~ the basis of
all the prceigsi hs atr
I find oecitlt: ai that:lttr
(a) Said Supplementary Code is well designed to promote the
policies andl purposes of Tit~le I of the National Industrral Recovery
Act, including removal of obstructions to the free flow of interstate
and foreign commerce which tend to diminish the amlounlt thereof
andl w~ll provide~l for the ge~neral welfare by pnromotingr the organiza-
tion of industry for the purposes of cooperative action amongr the
trade groups, by indluc~ing and mlaintimlng united action of labor
and management under adequate governmental sanctions and super-
vision, by eliminntmng unfair competitive practicess, by promoting
the fullest possible utilization of the present productive capacity olf
industries, by avoiding undue restriction of production (except as
may be temporarily required), by increasingr the consumption of
industrial and agricultural products thlrough; increasing~ purchas-
ing power, byV redluc ing a~nd relileving~ unemployment, by imnproving
standards of labor, and by otherwise rehabilitating indlustry.,
(b) Said industry nor~mally employs not more than 50,000 em-
ployees; and is not classifiedl byr me as a major indlustry.
(c) Thle Sup'plementary ~Code as appr~ov-ed complies in all respects
with the pertinent provisions of said Title of saidl Act, including
without limitation Subsection (a) of Section 3, Subrsection (a) o~f
Section~ 7i, andl Subsec~tion (b) of Sec~tion 10 thereof; andl that thne
applicant, group is an association truly :repr~esentative of the afore-
said Industry; and that said association imposes no inequitable
restrictions on admnissionl to memibership> therein.
(d) Th~e Sulpplemlentary Code is not designed to and will not
permit monopolies or monlopolistic practices.
(e) The Supplementary Code is not des~ignled to andt w7ill nlot
eliminate or oppress small enterprises andl will not operate to dis-
criminatie against them.
(f) Th~ose engagedl in other steps of the economic process have not
been deprived of the right to be hleardc prior to approval of said
For these reasons, therefore, I have~ approved thlis Supplementary
HUGIIG S. JOHNSONII
MaY 23, 1934.
SUPPLEMIENTARIEY CODE OF F.AIR COMfPETITION FOR
THE H3OG RINGG A5ND) RINGER MANUFACTURING
AB DIVISION OF THE[F FACBRIAE blEI~rAL PRODUCTS M\ANUFACT~URING AND
METAL FINISHING AND MIETAQL COATING INDUSTRY
To effectuate the policies of Title I of thle National Industrial
Recover~y Act, the following provisions are established as a Sup-
plemientary Code of Fiair Competition for the Hog Ring and Ringer
Manufacturing Industry, pursuant to Airtile VI of the Basic C~ode
of Fair Competition for the FabricatedZ Metal Products hlanufac-
turing and7 Me'Itasl F'inishingr and Me~tal Cloating Industry, approved
'by t~he 1President of the Unit~ed States on the second day fNvm
ber, 1933, and thie pirov isions of this Supplementary IC~ode shall beovm
the standard for fair competition for this 'Industry and shall be
bindlingr upon every member thereof.
SECTION .1. The term L"Hog Ring and Ringer Mianufactur~ing In-
dustryv is defined to mean the manufacture for sale of Hog Rings
SECTIION 2. TI[he terms L ]President ", "' Act ", andl Administrator "
as uised herein shall mean respectively th~e President of the United
States, Title I of the National Industrial Recovery Act, and the
Administrator for Industrial Recove~ry.
SECTION 3. The term member of t~he Industry as used herein in-
cludess but without limitation any individual, partnIership, associa-
tion, corporation or other formn of enterprise engaged in the Industry
either as an employer or on his or its own behalf.
SECTION 4. Th6 term L Basic Code as used herein is defined to
mean the Basic Code of Fairr Competition for the Fabricated Mietal
Products MaInufacturing and M~etal Finishing and M~etal Coating
Industry as approved by the President of the United States on the
second day of November, 1933.
SECTION 5. The term '" employee as used hierein includes anyone
engaged in the I~ndustry in any capacity receiving compensation for
his services, irrespective of the nature or method of payment of such
SECTION 6. The term Supplementary Code Aut~hority as used
herein is def~inedl to mnean thle Agency which~ is to administer this
Supplementary Code as hereinafter provided.
SEcTION 7. The term employer as ulsedl herein includes anyone
by whom any such employee is comp~ensated or employed.
SECTION 8. The termi "Association is defined to mean the Hog
Ring and Ringer Mlanufact~uring Association or its successor.
SECTION 9. The te~nu "' Confidential Agent as used herein, is de-
fined to mean the impIartial agency to be desi nated by the Supple-
mentary Code Authority.
ARTICLE III--EMP'LOYI ENT PRCOTIBIONS
This Industry is a, division of thfe Fanbricated Mectal Products
Mlanufacturingr and Mfetal Finishing and M~etal Coating Industry,
and without limitation the wage, hour and labor provisions in Arti-
cle III ofE its basic code as approved by the Presiden~t NIovemb1) er 2,
1933, including Section 1 of said Article III by which. 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 hlereof as the wage, hour and labor provisions
of this Supp'lementary Code.
ARTICLE IVCT-ORGANIZATIO N AND ADMINISTRATION.
SEC.TION 1. The Supplementary Code Authority is hereby consti-
tuted the agency to administer the provisions of this Supplementary
Code andl to collect and distribute all statistical reports of the
Indu st ry.
The Supplementar~y Code Authlority shall consist of the ExecutivFe
Committee of thie Hog Ring and Ringer M~anufacturers Association.
In addition thereto the Administrator may appoint a member of
the Supplementary Code A~uthority who shall be without vo~te and2
shall serve without expense to the Industry, unless the Supplemetntary
Code Authority agrees to pay such expense. The representative
who may be appointed by th~e Adminislator shall be given reasonable
notice of all mleetingrs and may sit at all mleetings of the Supple-
mentary Code .Authority.
SECTION 2. Any Association/~Instit.ute and/or Bureau directly or
indirectly participating ini the selection or activities of the Supple-
mnentary Codle Authnority shall (1) imnpose no inequitable restrictions
on membership, and (2) shall use due diligence in submitting to the
Admlinistrator true copies of its Articles of Association, By-Laws,
Regulations and any amendments when made thereto, together with
such other information as to membership, organization, and
activities as may be necessary to effectuate the purposes 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 Administ-
tratorr may prescribe such. Hearings as he mayv reasoinably deem
proper; and, thereafter, if he shall find that the Supplem~entury
Code Authority is not truly representative or does not in other
respects comply with tdhe provisions of the A~ct, may require the
removal of any or all of the members thereof and may mak3e appro-
priate modification or modifications in the method of selection of
the Supplementary Code Authority.
SECTION Lj. All Menlbers of the Industry are subject to the juris-
diction o-f the Surppclementaryy Code; shall be entitled to participate
in andl shanre the benefits of the Supplementary Code.
SECTION 5. It being found necessary, in order to support the
administration of this Supplementary Codle and to maintain the
standards of fair competition estabbishedl by this Supplementary
Code and to effectuate the policy of the Act, the Supplementary
Code Author~ity is authorized, subject to the approval of the
(a) T~o incuir such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligaations out
of funds which mnay be raised as hereinafter provided and which i
shall be held in trust for the purposes of the Supplementary Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he mnay deem necessary,
(1) an itemized budget of its estimated expenses for the foregaoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of I
(c) After such budget and basis of contribution have been ap-
proved by the Admninistr~ator, to determine and secure equitable
contribution as above set forth by all such memrlbers of t~he Ind~ustr~y,
and to that end, if necessary, to institute legal proceedings thlerefor
mi its own namne.
'.SECTION 6. Only members of the Indulstry complying with the
Supplementary Code and contributing to the expenses of its admin-
istration as provided in Section 1 hereof shall be entitled to partici-
pat~e in the selection of the members of the Supplemlentary Code
Authority or to receive the benefit of its voluntary activities or to
make use of any emblem or insignia of the National Recovery
SE~rowI ?. NTothingr contained in this Supplementiryv Code shall
constitute the members of the Supplementary Code Authority part-
ners for any pulrpose. Nor shall any member of the Supplementary
Code Authority be liable in any manner to anyone for any act of
any other member, officer, agent or employee of the Supplementary
Code Authority, nor shall any member of the Sup>plementary Code
Authority, exercising reasonable diligence in the conduuct of his
duties hereunder, be liable to anyn for any action or omission to
act under this Supplementary Code, except for his own willful
malfeasance or non-feasance.
S*ECTION 8. "Ihe Supp~lementaryV Code Authority shall also from
time to time furnish to the Basic Code Authority, designated in said -
Basic Codle, such information as may be required to be furnished
under terms of said Basic Code.
SECTION 9. The Suipplementary Code Authority shall have all the
powers and duties which shall be necessary and proper to enable it to
fully administer this code and to effectuate its purpose.
H without limitation to the foregaoing, or any other p~ower~s or duties
provided for in this Supplementary Code the Supplementary Code
Authority shall have the following specific duties subject to such
rules and regulations as thre Admimistrator may prescribe:
"(a) To adopt By-Law~s aind Rules and Regulations for, and keep
records of its procedure and the admtlinistrationl of this Supplemen-
(b). To obtain from members of the Industry through the Con-
fidential Agent such information and reports as aire requiired for the
administration of thle Supplementary Code. In addition to infor-
maton required to be submitted to the Supplementalry Code Atuthior-
itv, members of the! IndustPry subject to this Supplemenltary Code
sliall furnish such statistical information as the Administrator may
dleeml necessary for the purposes recited in Section 3 (a) of the Act
to such Federal and State agencies as he maay designate; provided
thiat nothiing; in this Code shall relieve any member of the Industry
of any exist~inga obligations to furnish reports to any Governet
agency. No individual report shall be disclosedl to any other mem-
ber of the Indulstry or any other party except to such other G~overn-
mental agenexes as may- beti directed by the Administrator.
(c) To use such trade associations and other agencies as it deems
proper for t~he carrying out of any of its activities provided for
heremn, provided that nothing herein shall relieve the Suppllemen-
tary Code Authority of its duties or responsibilities under this Sup-
plementary Code andl thfat such trade associations and agencies shall
at all times be subject to and comply withl the provisions hrereof.
(d) To make reconunendlations to the Administrator for the co-
ordination of the admiinistratiorn of thiis Supplementary Code with
such other codes, if any, as may be related to thei industry.
(e J To secure fromt members of the Industry an. equlitable and
proportionate pty~ment of the reansonalble expenses of maintaining
the Supplementary Code Aut~hority and its act~ivities.
(f) To cooperate withl the Administrator in regulating the use
of any N.R.A. insignia solely by those members of t-he Indlustry who
have assented to, andl are complying with, this Supplementaryr Code.
(g) To recommend to the Adnminstrator fulrthecr fair trade p~rac-
tice provisions to govern members of the Industry in their relations
with- each other or with other industries and to recommend to th
Adlministrator mneasur~es for industrial planning, including stabiliza-
tion of employment.t
SECTION 10. If the Admninistraltor believes that any action of the
Supplementary Code Authority or any agency thereof is unfair or
unjust or contranry to the public interest, tbhe A~dministrator may re-
quire that such action be suspended to afford an opportunity for
investigation of the merits of such act~ion. Further action by such
Supplementary Code: Authority or neency reganrding, the matter com-
plained of may be taken if approved by the Adminlstrat~or but shall
not be takecn if disapproved by the Administrator within thirty
days of notice to him of intention to proceed with suchi action.
SECTION 11. Every employer shall provide for the safety and
health of employees during the hours and at the places of their
employment. Standards for safety and heidth shall be submittbed by
the Supplementary Code Authority to the Administrator within six
months after the effective date of the Supplementary Code.
SECTION 12. TO the extent permitted by the Act and pursuant to
such rules and regulations as the Administrator may prescribe
any andi all information furnished to the Supplementary Code Au-
thority by any members of this Industry pursuant to the provisions
of this Supplementairy Clode shall be subject to verification by an
impartial agent appointeed by the Supplementary Code Authority,
and ench member of the Industry shall furnish to such impartial
agent so muichi of his pertinent. books, accounts and records as may
be required to verify the accuracy of the information submitted.
ARTICLE V--ACCOUNTING AND COSTING
SECTION 1. With respect to that portion of his product. which is
within the Industry, every member of the Industry shall use an
accounting system for determining his allowable cost which con-
formss to the principles of, and is at least as detailed and complete
us, the uniform mnethlod of accounting, and the uniform method of
costing, to be formulated by the Supplementary Code Authority
and approvedl by the Aidministrator with such variations therefrom
as may be required~ by the individuals conditions4 affect~ing any mem-
ber of the Industry or group of members of the Industry.
SECTION 2. NOtwillStanding any other provision of this Sup-
plementary Code when t~he Supplementary Code Authority deter-
miines that an, emergency exists in this Industry andl that the cause
thereof is destructive price-cutting such as to render ineffective or
seriously endanger the maintenance of the provisions of this Sup-
plemlent~ary Code, the Supplemnentary Code Auth~ority miay cause
to be determined the lowest reasonable cost of the products of this
Industry~, such determination to be subject to such notice and hear-
ing as the Administrator may require. The Administrator may ap-
prove, disapprove, or modify the determinationi. Thereafter, dur-
ing the period of the emergency, it shall be an unfair trade practice
for anly member of the Industry to sell or offer to sell any products
of the Industryv for which the lowest reasonable cost has been deter-
mined at such prices or upon such terms or conditions of sale that
the buyer will pay less therefore than the lowest reasonable cost of
When it appears that conditions have changed, the Supplemientary
Code Authority, upon its own initiative or upon the request of any
interested partly, shall cause the dleter~minat~ion to be reviewed.
ARTICLE VI--SELLING BELOW COST
No mnember of thle Industry shall sell or exchange or offer to sell
or excshange anyr of the products of this Industry, at a price, or
upon terms and conditions, which will result in the purchaser paying
for the goods received, less than the allowablle cost thereof to the
seller, determined in accordance with a uniform method of costing
described in Article V, Section 1, or as determI~ined by the Supple-
menitary Code Aiuthority as provided in Section 2 thereof ; provided,
howev-er, that inventories which must be converted into cash to meet
emergency needs may be disposed of by any employer, at any price
and on any terms and conditions, but only if such employer, not
less t.hlan two week-s before such disposal, has filed with the Supple-
Inentary Code Authority, a statement in writing, setting fourth the
facts of, and reasons for, such proposed disposal; and provided
further, that an member of the Industryr may sell below his costs
in order to meet competitive prices filed in accordance wit the
provisions of Article VI[I of this Supplem~entary Code, or to meet
competition fromt products of equivalent design, character, quality,
or specifications, manufactured outide the United States, provided
that he has first so reported to the Supplementary Code Authority
and in such report has cited thze competition which caused himn to
take such action.
ARTICLE VII--PRICC LIST
SECTION 1. Eachl member of the I~ndustr~y shlall within ten (10)
days after thle effective date of this Supplementary Code file wit~h the
Supplementary Code Authorityr a net price list, or a price list and
discount sheet, as the case may be, individuallyr prepared by him,
and in such form and for such products as the Supplementary Code
Authority may prescribe show~ingr his current prices, rpie n
discounts, and terms of sale and payment, and the S upplemientaryorpie n
Code Authlority shall inunlediately send copies thereof to all known
manufacturers of such specified product. Said price list and/or
any revised price list shall be available to all interested buyers at the
office of the Confidential Agent.
Revised price lists and/or discount sheets and//or all other con-
dit~ions of sale mcay be filed from~ time to time thereafter with the
Supplementary Cfode Authority ~by any manufacturer of such prod3-
uct, to become effective upon date specified provided that the ef-
fec~tive date shall be within ~fiv~e (5) days after .filing and in no ease
until such revision is received by the Supplementa3ryCode Author~ity.
Copies of such revised price lists and/or discount sheets and/or
all other conditions of sale with notice of the effective date specified,
shall be immediately sent to all knlown manufacturers of such prod-
uct, a nd shall be available to all interested buyers at, the office o~f the
Confidential Agent and any member of the Industry may file if he
so desires, to become effective upon the date when the revised price
list and/lor discount sheet and/or all other conditions of sale first
filed shall gyo into effect, revisions of hise snlsi~ prices ls n/rdcoun
sheets said/ior all other conditions ofsaestbihn preso
prices and discounts not lower or condlitions of sale not more favor-
able to the purchaser than those established in the revised price.
lists and/or discount sheets and/or all other conditions of sale
SETTION 2. Each member of the In~dustry shall furnrish the Supple-
mentary Code Authority for distribution wnith, such number of copies
of his price lists and/or discount sheets as the Supplementary Coe
Authority may prescribe.
SECTION 3. No member of the Industry shall sell, directly or indi-
rectly, by any means whatsoever, any product of the Industry cov-
ered by provisions of this Article VII at a Srice or at discounts, or
on other conditions different from those pron-ded in his own current
net price lists, or price lists and discount shets.,
2 See paragraph 2 of order approving~ this Code.
S~ECTION 4. The Suipplemnentary Code Authority shall have power
to investigate all complaints filed with it by one member of the
Industry against another member of the Industry.
ARTICLE Y111- UNFAIR TRADE PRACTICES
In addition to the Unfair Trade Practices covered by Article V
of the Basic Codle, except Section A, and for all purposes of this
Suppllementar~y Code the following described nets shall constitute
unfair practices. Any member of the. Industry who shall directly
or indrecrptly ~thLrough any1 officer, employee, agent or representative
use or employ anly such unfair practices shall be guilty of a viola-
tion of this Supplementary Code.
RUCLE i. CO1I~)jl -vi.fO 2'12 88~e.--FOr the purpose of influencing~ a
sale no member of thle Industry shall sell or offer to sell commnoditiess
other than products of this Industry at a price below the invoice
price plus all incidental costs of such products. If and when the
products of this Industry are sold in combination with products of
other industries, th~e invoice must clearly show the unit price for all
RULE 2. Defnitiionz of Cuistorners.--The Supplementary Code Au-
thority shall set up definitions for the various classes of customers
within this Ind~ustry and after approval by the Administrator, quota-
tions, prices, discounts, credit terms, allowances or other conditions
of sale shall be made on the basis of such definitions and deviations
thierefromn shall constituted unfair methods of competition and a viola-
tion of this Supplemnentary Code.
RrEx 3. Secret R~ebtexts.--No member of t~he Industry shall secretly
offer or make alny payment or allowance of a rebate, refund, com-
mission, credit, unearned discount or excess allowance, whether in
the formz of money or otherwise, nor shall a member of the Industry
offer or extnd to any customer any special service or privilege not
extended to all customers of thie same class for the purpose of
influencing a sale.
RULE 4. The splitting of commissions or other compensation re-
ceivedl by an employee or agent of the seller with t~he buyer is deemed
an unfair trade practice.
RUL; 5. Members of the I~ndustry shall not contract for the: sale of
products for longer than calendar quarterly periods. All shipments
on contracts shall be made within 15 days after the expiration date,
(or .as soon thereafter as seller can manufacture and ship the samee)
No quarterly contract shall be made more than 30 days prior to the
beginning of the calendar quarter, and shall be at the price effective
at the time of making the contract.
RULE 6. No member of the Industry shall make or give to any
buyler of any product of the Industry, any guarantee or protection in
anyv form against decline in the invoice price of such product after
RULE7. OOIOB.Staingin thle invoices of any product as the
date thereof a date laterthntedtofhespmtofuc
product, or including in any invoice any product shipped on a1 date
earlier than the date of such invoice shall be an unfair trade practice.
RULE 8. Ezport Trade.-(a) N~o provision of this Code relating
to prices or terms of selling, shipping or marketing, shall apply to
export trade or sales or shipment for export trade. "' Expor~t
Trade shall be as defined in the Export Tradle Act adopted April
(b) Selling for export by any member of the Industry ~any product
of the Industry whichl is not actually exported, as hnerein above de-
fined in Sub-section (a) of this Section, shall be deemed a violation
of this SupplementaryT Code.
RULE 9. Commerdal~cu Tib&~y.- NO remnber of the Industry shall
give, permit to be givcn, or direclyoertgieanhigovlu
for thle purpose of influencing or rewarding the action otl fe ogvayti f any em-vau
ployee, agent or rep~Iresentatie. of another in relation to the business
of t.he employer of such employee, the principal of such age~nt or
the? represeented party, without the knowledge of such employer,
principal or party. Thl is proision sh altlnobes constrlyused topro
hibi;t free. an nrl istproibuion ofl articles commnly ued fo ro
mliadverLtisn ex tso far as such articles are actually used for corn-
merial riber as hlereinabove defined.
No provision of this Supplementary Code shall be applied so as to
permit monopolies or mnonopolistic practices, or to eliminate, oppress
or discriminate against small enterprises.
SECTION 1. This SupplementaryT Code and all the provisions thereof
,are expressly made subject to the right of the President, in accorda-
ancee with the pIrovisions of subse~ction (b) of Section 10 of the Act,
from~ time to time to cancel or modify any order, approval, license,
rule or regullation issued under said Act.
E~cTION 2. This Supplementary Code, except as to provisions re-
quired by the Act, may be modifiedl or amended on the basis of
experience or changes in circumstances, such. modifications or amend-
ments to be based upon application by the Supplementary Code
Authority or other representative group within the Indusitry to the
Adlminist~rator and suchn notice and hearing as he shall speedfy and
to become effective and be a part of this Supplementary Code on
approval by the President and/or the Administrator.
ARETIC.LE ~XI-P-IRICE INCREASED
WThereas the policy of the Act to increase real purchasing power
woill be madle more dd~ificult of consummation if prices of goods and
services increase as rapidly as warges, it is recognized that price in-
creases except such as may be required to meet individual costs
should be delaSyed, but when made, such increases should, so far as
possible, be Ilimited to actual addcitional increases in the seller's costs.
ARTICLE XII-E~FFECTIVFE IATE AND UCRATION
This Supplementary Code shall become effective at 12:01 o'clock
A.M9. Eastern Standard Time on the 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 1President shall, by proc-
lamation, or the Congress shall, by joint resolution declare that the
emerjencyrecognized" by Section 1 of Title I, of the National In-
dustr xal Rovery Act, has ended.
Approv-ed Code No. 84--Sjupplement No. 32.
Registry No. 11220.
UNIIVERSITY OF FLORIDA
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