Supplementary code of fair competition for the liquid fuel appliance manufacturing industry (a division of the fabricate...


Material Information

Supplementary code of fair competition for the liquid fuel appliance manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on September 24, 1934
Portion of title:
Liquid fuel appliance manufacturing industry
Physical Description:
16 p. : ; 24 cm.
United States -- National Recovery Administration
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:


Subjects / Keywords:
Liquid fuels   ( lcsh )
Gas appliances -- Law and legislation -- United States   ( lcsh )
federal government publication   ( marcgt )
non-fiction   ( marcgt )


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. 1125-03."
General Note:
"Approved Code No. 53."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952406
oclc - 63655266
System ID:

Full Text

Par sale by the Superintendent ofDocuments, Whashington, D.C. Price 5 cents

Approved Code No. 84--Supplement No. 53

Registry No. II25--03






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





This publication is for sale by the Superintendent of Documents, Government,
Printing Office, WVashington, D.C., and by district offces of the Bureau of
Foreign and Domestic Commerce.
Atlauna, Ga.: 504 Post Office Building.
Birmingham, Ala.; 257 Federal Building.
Bosto~n, Mafss.: 1801 Custombouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C-.: Chamber of Commerce Building.
Chicago, Ill.: Suito 170~6, 201 North W\ells Street.
Clev-elandlr, Ohio: Chamlber' of Clommelrce
Dallas, Tex.: Chamber of Clomlmer~ce Building.
Detroit, M~ich.: 801 Fir'st National Bank Building.
Blousto~n, Tex.: Chamuber of Commerce Building.
Indiannaolis, Ind.: Chamber of Commerce Building.
Jacksonville,, Fla.: Chamber of Commerce Building.
K~ansas Clity, M~o.: 1028 Balltimo~re Av~enue.
Los Anigeles, Ca~lif.: 1163 Sourth Broadwray.
Louisville, KyS.: 4108 Federal Building.
RIllemphis, T'enn.: 229 Federal Building.
Mlinneapolis, M~inn.: 213 Federal Building.
New Or~lenna. La.: Room 225-A, Custombouse.
N~ew York, N.Y.: 734 Custombouse.
NIorfolk, Van.: 406 East Plume Street.
Phiiladelphia. Pa.: 02 Commercial Tr'ust Building.
Pittsburgh. Pa.: Chamber of Commer~ce Building.
Portland, Or'eg.: 215 New Post Ofileo Building.
St. Louis, R10.: 506 O~live Street.
San Francisco. Calif.: 310 Custombouse.
Seattle. WFnsh.: 809 Federal Office Building.

Approved Code No. 84--Supplement No. 53


As Approved on September 24, 1934

An appliention haingn been July14 made~ purllsuant to and in full
compliance w~ith the p~rovisions of Title I of the Natio~nal Industrial
Recovery Alct, a~pproved Junle 16, 19,33), anld in accordance with the
pr~ovisions of Sjection I of Ar~ticle V'I of the ]Basic Code for the
Fabr~icatedl Metal Products 10anu~facturrin and M~etal Finishing and
Me~ttal Conting Industry, approv~ed November 2, 1933, for approval
of a Supplementary Cod-e of F~air Cormpetition for the Liquid Fuel
Appliance 1\Ianufacturing Industry,. and hearing having been, duly
held therIeon; and the annexed- report, on said Supplementary Code,
containing findings w-ith respect. th~ereto, having been made and
directed to the Preside~nt:
NOW.' THEREFORE, on b~ehalf of thle Pe iden~t, of the U~nited
States, I, Hug~h SC. Johnson~, Amnin istra,7tor for Industrial RecovFery~
pursuant to author~ityr restedl in mIe byr Executive Orders of the Presi-
dent., includ~ing Exsec~utive Order No. Cf513-A, datedtl Dec-emiber 30,
19,33, and oth~erwise: (.o( h~r~ebyl incorporate~it by reference said7 an-
nexed report andi do findl that. aid Suppllementary Code comp~lies
in all respects withl the pertinent p~rovisions and will p~romlote the
policy and purposes of said2 Title of salid~ Act; and do hereby orderlc
thlat saidl Supplemnentary4 C'ode of Fair Competition be and it is
hlereby ap~proved;3 providedl, ~ow~eer, that the provisions of AL~rticle
V. Rule A, insonfar as thiey prescribe a awaiting period between the
filing with thle S~up~plem'entary~ Cod~e Ahutihorit (or such agency
as may be designated in the Sup~plemientary Coe and the effective
date of price lists, as origiinally f~lile and/or retvis~ed- price lists or
revised terms andC con1ditions of sale, be and they hereby are stayed
pending m1y further1 Order.
Hoonr,, S. JouxISON ,
Admr~in~istratorI fori Indusr~ritria Reoverhy .
Approval recomnmendled:
Divis~ionl Adm~nis~tl~rfato
Septem~ber 94, 1934.
87412"-1181--92 34 (1)


The Wlh ite House.
SmR: This is a report on the SupplementaryT Code of Fair
Competition for the Liquid Fuel Appliance Rinnufacturin~g Ind'ustry,
a division of the Fabricated M~etal Prodlucts Mannufacturing and
Metal Finishiing and M~etal Coating Industrtehrigh in
been condluctedl thereonl in Wa~shington, D.C., Mearchg 9, 134ing
accordance writh the provisions of Title I of the National Indlustrial
Recovery Act.

Thle Liquid Fuel App~liance Mlanufactur~inga Industry, being truly
representative of this dlivisioni of the Fablriented lifetal Products
M~anufactturingr and Mietal F~ini=bing and Mietal C~oating Industry,
ha~s elected to avail itself of the option of subm~itt~ing a Supplemen-
tar~y Code of F~air Competition, as provlidled for in Section I of
Article VI of the Basic Clode~. for the Fabricated Mletal Products
Manufacturing and M~etal F~inishingr anid Mlretal C'oating Industry
approved by y~ou on the second day~ of N~ovembller, 1933.


Article I states thle pur~posee of t.he Supplelemntary Code.
Article II accur~ately defines speci~c terms emlployed in the Sup-
plemuentary C'ode.
Article III. This Indust~ry is a division of the Fabtlricatedl Metal
Prodiucts MnIlu fact unring andl Ie~tal Finishing and 1\fetal Coating
Industry and~ the Inbor provisions of its Basic Code, as approved
November ", 1933, are the labor pr~ovisions of this Supplementary
Article IV establishes a Sulpplemenltar~y Code Authlority consist-
ing of ten (10) members to bie elected by the members of the In-
dustry ait a meeting called by the Temporary Supplemnentary Code
Author~ity, andl givecs the Aidm'inistrator the authority to appoinlt one
adlditional miember without vote and pr~ovidles machinery for obtain-
ing statistics and~ the admiinistra~tion of the Supplementaryy Code.
Article V: sets forth the uinfair trade practices of this Supple-
mentary Crode w-hich hias bjeen especially dlesignedl to offset. unfair
competition in this division of thre Indlustry.
Article V'I sets forth thant no provision relating to prices or terms
of selling shall applyl to direct export sales.
Article V'II contains the mandatory provisions contained in Sec-
tion 10 (b) of the Act anid also provides for the submission of
proposed amendments to t~he Supplemen"tary Code.

Article VIII provides for wit~hdrawal of either class from the
jurisdiction of the Basic Code Author~ity and/or this Supplementary
Code Auth~ority provided that such withdrawal shall not become
effective until such time as the particular class or classes shall be
subject to the provisions of another approved Code or Codes.
Article IX provides against monopolies and monopolistic prac-
Article X recognizes that price increases be limited to actual addi-
tionial mecreases inl the seller s costs.
Article XI states t~he effective date and duration of this Supp~le-
m~entary Code.

The Assistant Depu~ty Administrator, 1 in his final report to mec
on said SCupplementilry~ C~ode havr\ing found as herein set forth and
on thle basis of all the p~roceedlings in this matter:

(a) Said LSupplemeltntar Codle is well dlesignled~ to p~romocte the
policies andl purposes of Title I of thle National Industrial RecoveryT
Act., including rem~roval of obstructions to the free flow of interstate
and foreign commle rce which tendC to dliminiish~ the amlolntt thereof
andi wrill provide for the e~ner~al w-elfare b~y promoting the organiza-
tion of industry for thet plrp~oses of ecoplerative action among thle
tr~ade groups, by indulcing~ andi maintaiinin united action of labor
andi manlnagc lemen under adeqluate gove-r-nmenta l sanctions and super-
vision, by elimnia~ting unlfair complettitive practices, by pz~rooting~
the fullest po~ssble utilization of the present productive capacity of
industries, by1\ avoidling undc-ue r~estric~tionl of production (except as
mary be temnporarilyl r~equired~t). by inlcr1easing the consumption of
industrial andr: agri('lulturl psroducits th~~nrouh ;Irnincreasi purchasing
pow~er b reducing andr relieving ulnemploymlent, by improving
standards s of labor1, andil by! otherwise rehanbilitating industry..
(b) Said Inds11try normally emplos not mlor'e than 50,000
employees; andl is no~t claRss-ified by m~e as a major indiustry.
(c) The Supplemlenttar. Code as applrov'ed comnplie s in. all respects
with~ the per1tinent. prov,\isions~ of saidi Title of said Act, incllud~ing
without. limiitaltion Subsectioni (a) of Sectionl 3, Subsection (a) of
Sectionl 7, andl Sublsectionl (b) of Sectionl 10 thereof ; and that thec
applicant council is an indrustriai l coulc-il truly reprel~senntatie of the
aforesaid Induistry~; and' that- said council imlposes no inlequitable
restrictions on admiissjion to miembershi p thiereinr.
(dl) Thle Sulpplementary~ Codle is; not lesigrnedl to anrd wsill not
permit. mno~lpolies or mlonop~olistic p~ractices.
(e) The Supplemlentary~ Codle is not. designed-` to and will not
elimiinate or opp~ress small enterprises andC will nlot operate to
discrimmiate against thiemi.
(f) Those engag~ed in other steps of the economic process have
not been deprived3 of th~e right to be heard prior to approval of said
Supplementa.ry Code.
F~or these reasons? therefore, I have approved this Suppl~lementar
Code; provided, however, thlat the provisions of R~ule "A"~' of Airticl~e
V i~nofar ase t~hey npresribe a waiting period between the filing withl
the Supplemnentary Code Authlority~ (or such agency as may be

designated~ in the Supplementary Code) and the effective date of
price lists, as original filed and/or revised price lists or revised
terms and2 conditions ofsale, be and2 theyv are stayed pending my
further Order.
Hoon S. JoHNson,
Ad minizstrar.or




To effectuate the policy of Title I of th' National Industrial
Recovery Alct,! th~e following provisions are established as a Supple-
mentary Code of Fanir Comnpetition for the Liquid Fuel Appliance
Mianufacturring Indlust~ry, pursunn't, to A9rticle VI of the Basic Code
of Fair Comp~etition for the Fabricated M~etal Products JManufac-
turing and Mletal Finishing and M~etal Coating Industry aprove
by thle President. of the United States on the second dayofN em r
1933, and the provisions of this Supplilementar Code shall be the
standards of fair competition for suchl Indurstr~y, and shall be b~inding
upon every member thereof.

The terml "Indlustry "~ as uised~ hererin shall includes the mannu-
facture and sale of appliances whichl burn liquid fuel which are
classed and defined as follows:
Class 1.--Class 1 shall include kterosene stoves and ranges, manntle
lamps anl Ilanterns, cabinets or highl shelves, hleaters, and wickrs and
incandlescent. miantles for samne; and gasoline stores and oranges,
mantle Ilamps and lanterns, cabinets or highn shelves, heaters, port-
able ovenis, hot water heaters, incandescent moantles, including par11ts
andl accessories for above and, or similar devices for consumingr kero-
sene, gasoline, or semnirefined oils.
Class b.--Class t! shanll include D~istillate Oil ]Bur~nersa which. shall
be burners designied primarily for use in conlnection with~ cooking
ranges, space theaters, and domnestic water theaters of similar uses
as follows:
(a) Conversion burners consisting of dlistillate bur~ners designed
to be installed illrncokingr and heating units.
(b) Cookring or heating devices ma~nufacture~d expressly for use
with oil burners, thc buirners becoming an integranl part of thle unit
at the point of manufacture.
Th~e termn Division "' as usedl herein, is defined~ to mean the Liquid
Fuel Appliance Mannufactur~ing Industry Division of the Fabricated
Metal Products Ma~nufacturing and M~etal F~inish~iing and Metal
Coating Indlustr.lS
The term "L miember of the Industry ", as used herein,, includes, but
without limitation, any individ~ual partnershiip, association, corp~ora-

tion or other formn of enterprise engaged in the Industry either as
an em~ployer or on his or its own b~ehalf.
Thle terms Presi~idenlt' "r "ct", andl "Administrator ", as used
hiereini, shall ment~r, respectively, the President of the United States,
Title I of the ~Ntional Indlustrial Recovery~ Act, and the Adminis-
trator for Industrial Recovery under Title I of said Act.
T'he termn "' Basic Code ", as used her~ein, is dlefned to mean the
Basic Codle of Fair Comp~etition for the F~abricat~ed MSetal Products
M~anulf~c~turing and M~etal Finishingr andl 1\etal Croating Industry,
as applrov'ed by~ the President onl the second day of November 1933.
Thet term "' Basic Cod~e Author-ity ", as used herein, is defined to
meani the Executive~ Committee of th-e FIabricatedl Metal Products
Th~e ter~m "Association as used herein is dlefined to mlean t~he
Distillate B~urne Mlanulfacturerss Associationl.
The termn Council "', as usedl herein, is definedl to mean the Liquid
Fuel Ap-pliance C~ouncil or its successor.
The termn Supplementaryv Code Author~ity as used herein, means
the algency which1 is tI admi~nister this Suppleen~etary Code as here-
i n aft er provided .
The term -( Code Cocmmiittee as used herein is defined- to mnean the
committee authorized by the '' Council ` andc~ "A~ssocintion to pre-
sent this Sulpplemnenturyq Code.
The ter~m '' Dulyv Authorizedl Agent or "A~gent of the Supple-
mentanry C'ode Authorityr, as used hereinl is defined to mean such
person" as the Sjupple menta ry~ Code Authority shall designate. Snid
Agent, in order to qualify as such, shall be entirely free from any
interest inl or connection with any company engaged mn the mnanu-
facture or sale of the products of th~e Industryv.
Th1e termn Fiederat~ion "', as usedl herein, is defined to miean the
Fabr~icatedl 1Ietal Products Fedleration or its successor.


This Indlustry is a division of the Fabrica~ted Mfetal Products
Malnufactur~ing~ and M~etal Finishiing andl 1\etal C'oating Industry,
and without lim~itation thec wage,, hour,? andi labor provisions in
Article III of its Basic Codle as approved by t~he President Novemn-
ber 92, 1933, or as subsequently amended? including Section 1 of said
Article III by whlich7 the provisions of Sub~sectioins (1), (2) and (3)
of Section 7i (a) o~f Title I of the Act aIre malde conditions of this
C'ode, ar~e spcifically inicorp~orated- her~ein anld made at par~t hereof as
the wagne, hour. and Inbor provisions of fhiis Supp~lementary C~ode.

Secc'onl 1.-AX Supplementa~ry~ Cod~e Authority is hereby consti-
tuted coniistling of ten (10) mnembers,, seven (7) of which shanll be
selected byv the mem~berls of the Indlustryr engaged in the manufacture
of pr'oduc't' set focrthi in Cl~ss 1 of the Industry~, and three (3) of
which shall be slc~J~ted- by~ the~ membeo4rs f the Indusiitry engaged in the
manufacture of products set forth in Class 2 of the Industry.
Pending the selection of the Supplemnentary Code Authority the
Code Committee shiall conlstit~ute a temporary SupplementaryS Code

Author~ity to serve until a p~ermllanent Supplementaryl'3 GCode Au~~thlority
shiall hanve been elected.
Within thle sixsty (60) <1ay pc~iriod follow\ing~ the effective date of
th~is Supp~~l lle~nwntyry' Codte .lthe Code Comlmittee shall call a meerting~
o~f thle miemlberr s of the Industryl~ for the purpose of rlecting~ thre memn-
ber~ls o~f ther Sulpp~rlfll metay Co)de! Authority. The owlbe~rllsc of th~e
Supp'flemet'lnt ry Cod~c A~uth-orit~y first elected shall serve until the
follow:ing~ annualll meet~ingl of the mi~llember of the Indus~~try and3 there-
after memberl~l' o)'f te Spp~illemenlrltar Iy Code~t A"uthority shall be elected
at echci annual m~eetlingof the members-c: of the Industry to serve untllil
thle follow~Ting~ anlnual meeti ng.~; Fifteen (15) days advance notice
o~f all mee~t-inesi to be held~. hereu~tlnder~ shall be sent to all members
of the Indulrstry! who( se names maly be azscertained after diligent search,
whlo mnay vote~ either inl person~i or by proxy or by l1tter ballot.
TheIl 1Iwmbers(1' ofI the! Supplemtentary Code A~ut'hority shall be
el~cted~ il t~he fo~llowring marnlner::
(r7) SC~evenl (I) memllber s who shall be members of the- In(dustry~
e-nngaed in thle mannlinufacture of products set forth in ClaIss 1 of the
Indulistry~ shall beI( elected as follows:
1. Five (B.) membnlers wvho are members of Class 1 of the Indcustry
anld members3C': of thel Council shall be elected by a majority vote o of C11nss 1 of the Industry who ar~e members ofi thie Council;
ech~l member to have one vote.
2. Two members wiho shall be members of Class 1 of th~e Indulstry3
and non-m~embers of the Council by a majority vote of all members
of Class 1 of the Industry who are non-mnembers of the Counmc~il;
eachT member to havle one vocte.
(b) Three (3) members who shall be members of the Ilndustry
engaged~c in th-e man.1Iufa7tllctr of products set forth in Class 2 of
thle Indus~try shall be electedl as follows:
`1. Two members~ who ar~e members of Class '2 of the Indus~tryS
:!nd. membersCI' of thet Associa~tion shall be elected by a majority vct::
of mnemler~s of C'lass 2 o.f the Industry who are member~I~~S of the
AssoiatiRionI; eachl membnier to have one vote.
2. One mnemberPi wholc :;hall b~e a mlember of Class 2 of the Inldu~stry
andl a no~n-mnember1 of thze Assjc~ia~tion by a majority vote of all memn-
berLIs o~f CIn~ss 2 of theC Industry:1'5 who are nonl-lllnembers of the Associa-
110!1; ea06 Inemnb1 (O Iiave O163 VOte.
(C') AI v8canncy inl the melmbership of th~e Supplementurnl y Code
Aul~thor~ity r-hall ble lilledl by a mlajor~ity vote of thne remraining mem-
be rs o f thIe S upp~cll:len atory C'ode Authnority; prov,~ided, h~owl\ever that
thle Inwm~berl of thle Supplem~t~lentary Codle Autho!ityJ wjho is c~hosenl to
fill su~ch \acnincy shanll b~e elected from the divisionI of the Indusltr'y
aInd th~e Cllass of Icmembershipi in which the vacancy hans occulrr~ed.
(dl) In thle even~!t any C'lassi, or Association Group, or Non-A-lsso-
c~iation! Group fail to1 elect their allotted represe-nntaives on the Sup-
plemlentary Code Autho~ity,, as her~eina~bove providled, the Supple-
mnentary icrde A~uthorit y ;1s at that time~ cotnstitutedrl shall select a
list. of ,iersons totaoling the number of vacancies to lwt fillerd, plus three~
(3) adlditional p~ersoln; qualified~ as to the particular classification of
mnemlbership' to b~e filledl, andt submit a list of their lnamesj to thl~e
AdmlinistraHtor who~i 51hall apploinrt from suchn list the nece sanly memr-

b~ers o~f thie Suppl~llemcntar ry Codle Author~ity, wThich mnembers so ap-
p~ointtted by thc Admninistr~lator shalll hav-e all tihe p~owers and duties
of su1ch1 mlemlber!ship as through cle-ctedl by the memiber~s of the

No~ members of thei Ind~urtry shall hav1\e mo~rel~ than onle r~eplesenta-
ti\-e onl thc Siuplemcn~ntnly Code Aulthlority'.

o~f the Suplplemelnta ry~ (code Auithor~ity whlo shall serve. wSithlout ot~e

be alppointed~. by~ thle Admllinistrator:~L ~hall r~eeive no-tice of and maiiy

Sctfionl .!.-The Tradel~ A-Sso.~.;c~iation:-. direc~tly orl ind~.irc~ctly partici-

patn ain thll~1e -eetionl o~~!lr~ei a .ctiite of thec Supplemet~.ntaryil Codhel
1.~~~to memberlll hip iJ and (2.) submcilt c-, the A :chninietao illil.~tru cOpieso

theirz Artoi~ iclle- of l~ Asscit, is~ion. Hy-La:
l~i ril~~ ntS W iel1110 00 i 107.10 bli p ttlcltl With .sthclc l to 101' IitafHIil ile 85 (Oc~
:Il'lc, lif fail. cOli~~ttr,! icOnlZ lsltlon 001 (C l~cltlP. As 1~ th Al111Mtfc~tOP IltV
I'Olc! tion .J.In rd thatte Supp'll~nt1i?Colemen ttar Code! sa uthority~ shl
at) all times he truly repe~neinative of ~i~ then~ I~ndtry ,ee~n~ and note

respecIj Its comly ith the~i 'li poisionsa'~c, of the SuAclt. lthe Adminstraorlr
( if he- shll find tha thle Supp\emnllitlary Code~l h~ Authporit. o iltb Aent
isll notic truly 1 represenltaltive to ljl lR1s not in C othe y rpclt'Fll cneiSply wit

~,llof ri the Sup--nntary Colale Auth uiority. l tefud Icesn
tosllect on 4.-I~ultt bengfondl nee -ry inuc orde to suppl~sor the d
mini s~trtiono thlis S~upplementur Codei a~ nd to maitain thfe beand~1-
cOrdoffa'~ltiir comp~30Cetito established hereunII~ler r and toe effeituvateth
po lincycl of th Pe~sr~ Act th upln~itturyCoe Auth plority ins utheefor ize
(0)l To eincur o .suhe reasonable~ obligation ais ar ise uinecessr and
tInjutope for thle foregoinge prof te, aninendlc tof m e .Such olgantionsou
Cofl funds whitvh nuly bnie rie as hcereinafter provtlded and whijch t
hall bne helds in tlr us ut fr th purnposes~ of l he SupemSi ~ elentar Code

(1)~ ant cniibtmizer bugt o tit estiatd senses foisndlnsr then fo re-on
purbocpro\se i nd, (2 nuitabs ~rle basisntr upon whnichr th uns necssry
to suport h budet shll b cont--ribut by-- members of t

bution, shall be entitlell to part;:ilipate in tlil sliltioni of meimbers.
of th~e Sup~plemelntalry Clode Authrc~lit~y or to wee'i\.e the bienefi-ts of
anyi of it.4 Volunltar3 m:tCfjivii. 'c or to r!llo k il-. of aIn? .'II.IInh or
TheSuplemntry oloAuly~ity shall witherl~~ incur nlor pay1U
any obligartioni substantially in excess of thei a m:I 1tllll fl leal'if u~ C'sti-
mute in its approved had~bi, and~ shall inl nor event xc~iteed the! total
amount111 ntalindc~ in th~e aprved'l~cc budg~lelt, c-:;l-a-pr up~on approva)~.l of

defic~ieclly itemr rfor expendr~itur es;c in exsc.:s of prille Inle-~ct. e-timal~tes
ecepctt those which th~e ,11mini-tra;torI shall have so app~'c\rived
Se(ctf;ion o.-Thel Suppkl~l1\inent erv Col uhit shall have( thle
f'ollow-ing~ powers aw1 l duties~ in addition. to rihose authrel-cl! by,~ ohr.flI
prov,\isions~ of thlis Sulpplement~ary Cn&:'l
(3) To`( insure the execution of the provisions of thL! Supph!.-nwntarf l Iy
C'odc andI p~rovirde for the compl-lian~e of thec I[nd1.:ryS w\itl thle
prov~\iiicons of the Act.
(b~) ?To :ih-plt IEv-Laws and Rules on.i1 Regurla~tionsl for its lo-a-~
(.C~llclor anld for the Ml'lininistratoti n of the Supplementarry Codel,
rubj~c~t to approva\:l iv the Adml~i~inf'listentor
(c) To obtain frailn members of thle Industr~y II\t- infeinet i;!icr n
a~nd repor')tc; s s: arc eqiredl:i1I fo r the admi nistrat~ iion o h upe
ruentary! Code. TIn addition to information required~~ to b~e <-ubmlitted
to thle Supplementarll~l~I'y Code~ A~Luthorityv' members of thle; Im~llltry!
.lubject to. th~is Supiplemrentary1 Code1,lt shall furnishj! such --tntist ical1
informaI1:tio- n as the Adm:Iinisctratcrl may d~eem nce~ttssacry for thne puzr-
poses recictedl in Section 3 (a1) of the ~c~t to such Fedel1~l rtnl and tatec
a~genc~ies as he may~~ des~ignaote; pr1ovidedll that nothing in. t~his Supp;-le-
mnentary Codel shall relieve anly membellhlr of the TI1Industr of anylS
existingr obligations to furnish Ireporlts,to any Govcll~rnmenlt; opencyi-.
No indtiid-ual report shall be d~i(sc~~lod to any15 other' m~.emb1er o~f thle
T~Indutry or any other pu~rt t except to suclh other~i Governmentalllll1
agnt'cis: asni may be d~ircted by the Admlin~i' !;tratr.
(01) To~ use( suchl aenc~ies as it (7eemsi properly for th~e carry;!ing~ olt
of any~! of its nctivities providedct for hrec~cin. provl\id~ed that nothingib
hlerein shaIrll relieve~ ithe Suppleme?!nn tnlry Code Aulthcrlity' of its (7li1eS
o~r respo~cns;ibilities; undler this Suppfl!lemetlry C~lode and that .-lwhi
agrencie.- hall1 a~t. all timesc be subject to and comnply with th~e
pronsiion~s he1~ref.
(e) To- maknle rcc:ollnu~nllndations~ to the Admlinistraine1 for tkhe co-
olirdinatio- n of thc adm~injtniitratio of this Sup~plr lemetariy Co&!1 w\ith
such o~th~er cocdes~. if anly, as m~a~y be relatedl to thec Indnl-t ry.
(f) To fur~nish fromi~ time~ to time the 13asir Code1~ _\nthoriity,
dle-ignated in said Basic Codec, such informallti',n as may1) b~e requlli'ed
to b~e fu~rnishedl undler thef terms11 of the Basic~ Co de.
(g) To appo"int comlmittees toj carry oult its duties :u~chl as the fol-
Subdtivirsional,. andr luch othceor comittees as may be :tcrzqiredl.
(.h) To appinP-'t a1 Tradet Practice Comm: I~ittee -which -hal l meet
with the trade prentice Ccmitnitees appinc~rted~ under sulchl other (eNdes
as may beP relatedl to, the1 Indu tr~y for t~he purp~ose of formul~latilgr
faijr trade practicesj to govern the relatio~nships betweenr i emplloyers
uinder thiis Supplelmentar~y Code~ and under suchi o-ther~ codecs to thle

endc thait uch1 fair trande penetices maly be proposed to the Adminis-
t raitor a: s amendmn tslc~t to this Su:lppelelmena ry Code and such other
C cdes.
Auc~t~ion C.--Ealch memiber of thle Industryl'~ Shll1 k-eep~ necurnte and
cclmple~te records~c olf its tranlsactions~ in th~e Indrustry w~henever such
r~cordts nuryi~ be I~~reqilre underi any~ of th~e provisions of this SCupple-
mentllaryv Codell, and1 sharll fur~nish~ accurnte r~eports based upon such
reccords~ c~onccerning~ any of such1 activities whlen recquiredl by the Sjup-
p~lemnentaryv C'ode Authlority- or1 the Admninistrator. If thie Supple-
Ine~ntary Code1, Author~liit` or1 thle Admlillslnitrato shall de~termnin e that,
substantially do~ub~t esists a.' to thle neCurneyC\ of any1 suchI rep~orts. so
miuch~ of thel per1tinentn books~, re~lcrs and~ papers otf suIch m1Cllembe as
Iinut be requliredt forl t-he ver~ifiention of such report may be esaminede c
by an imparflltial :1gncy', agreed upon betw~eenl the Suppllnementry
Code Aluthor'ity andc such miemnber, or. inl the absence of agreement,
appo"intedl by theAmnsrtr In- no ease shall the fuets dlisclosedl
by! such~ examninationI 1 be nunrle available in idlentifiable formI1 to anyS
Ccomp Iet itor,r' whe~t he on t he Siu pplemientar Cv(odlE Authlority or other-
wise? or be given anyr other p~ubliention,, except such as mnay be r~e-
ylui~red for thc pjrop~er admnilstration1 or enfor~ceme nt of t~he provisions
of this Codte.
Scct;ion l'.--Every! emp~loyer hall provide for thle safety andi health
o~f emlployees during~ the hoiurs andc at the places of their employment.
Standards for s.iafety and~ hiealthl chall be submitted by the SEupple-
Inlentary Code~ Authlor~ity to the Admninistrato r within three months
a fter th~e effec~ti ve dlate o~f thiis Supplementunry Codle.
S~ct~iiio Ni.-Alll indiiVidual and pr1ivate information r~eceiv~edl by
the Agent of thle Supplemenntury Code Author~iity fi~ro reports, or as
a result of investigation, shall be hield- in '.trict. confidence and not
dlisclosedl t, any comlpetitor or o~ther' persons outside tlhe Ag~ent's
office, wvithou~it thle 1Permissioni~ o~f the memPlbers of thle Indlustry in-
\olved, except as provided in Siection 5 (c) of this Arlticle. Pr'o,
vided~, hioweve\rI that such inf-ormantion may be disclosed to any~
nuthflor'izedl govrnm\en'lltal agncyll!.
Sctfioni !,.--Noth~ing co~ntained inl this Suppr~llemlentary.? Code shall
constitute thle members; of the~ Suppllemnenta ry! Code Autho'ity' par~t-
ner~s for any p~urposec~ either as amnlllg thlemselv'es, or in connection
writh thie agenti of thle Supplementarylcl~n Codie Authority. No member
of th~e Sjuppllementary Codie Authority shall be liable in any) maniner
ti ann\orne for any net oif Iny. other mnllembe, officers. agent, or emiployee
olf thec Supplemeii~ntary Codle Authorit y,, noi shall th~e Agent of the
Suppl'llelltnen Iry Codec Ailluthoity be liable in any ma~nner to anyone
forI a1!'nyet of ~!! Iny member of t'he SupPlemeirnntry Codle or anly other
cefil-er, agenl. orr eml)Oyee thereocf. No) memtllberl of thIe Supp~lementa ry
C'(dle Authority, nor th~ A~gent of thet Sulpplmnentary Code Au-
thlority', erciSlc'~ ng reas-cnable diligenlce in thec condtuctt of their duties
hel~rllunder.. Ihall b~e liable tol anvecne for any action or omission to
not undlter thi?- Suplanantary~lI ;l~s Codce except. for his owrn willful
DIllnlear MIlc00 OFi !!cll-fetatlcc.
A'~dfction 10.--If thec AdmlliniStra;tor' shall dettermine th~at any action
cf th1e Supp~l~c'll'ltnwntar Codc Ahuthorllity or anyi agency thereof mnay be
unfair ol r unjust orI contl~rar to thec public interest, the Administrator
miay L''qufire 'that Su1ch actionl be sulspendedi to niford an opportuinityv

for investigation of the merits of such action and further considera-
tion by suel Supplementary C~Code Authority or agency pending final
action which shall not be effective unless the Adnlunistrator approves
or unless he shall fail to d~isapplrove after thirty (30) daiys' notice
to him of intention to proceed with such net~ion in its original or
modified formn.


(Superseding all Trade Practices set forth in Article V of the Basic

A11ny member of thie Inldustry who shall dlirectly or ind'ire~ctly
through any officer, employee~, agent- or representative, fail to comply
with any3 of the following ruleisof Fair Competition in nrlanufactur-
ing and Miarketing shall be deemed to have violated this Sup~ple-
mlentary Code.
.Rzle A.-No products of the Industrya, in wholcle or in part, shall
be sold or exchanged or offered f~or sale or exchange at prices less
thian t~he seller's cost, of such products; suchn cost to be based on a
formula which shall be aLt least as detailedl and complete as the p~rin-
ciples of the formula to be p1repared~ by the Suppleme~ntary Cod~e
Authority, and aypprovedr by the ALdminis trant or. Provided, how-
ever, that if any member of th~e Ind~ustr~y desires to sell below his
cost in order to meet competitive prices on articles of similar style,
grade and/or specifiention filed in accordance with the pr~ovisionls
of this Sectio~n he shall first re~por~t to the agenlt of the Supllie-
muentalry Code Au~thorit~y and in such rep~or~t cite the competition
that would cause him to takie such action. TPhis r~evisedc: prices and/or
condition of sale shall become effect~ive immeduiatelyl up-on receipt
thereof by said agent. Immediately upon recceipt thlereof, said ageent
shall, by telegraph or by some other equally pr~ompll~ I1t mean ntif
said mnembelr f thle tim~e of such rIeceip~t.; anpoid frhrta
thle sale of obsojlete~ products may be madelc by any memb~rr of the
Indlustry up~on notice of intention to do so, in wrliting, to the Supple-
mnentury Code Authiority setting forth the hEnts and the reasons
for suchi proposed disposcal. If any member of the Induastry shall
w-it~hin six (6) months after any such disposal, mannlnufacture any
product whichl he has claSsifiedl as ain obsolete p~roduct. the eme~rgency
sale of such p~roduc~t below* cost shall be deemedc p~rimal facie to hlave
been in violation of th~is Suplem~~nentar~y Code.
Whlen the Supplemelrntary C'ode A1uthority dtctermiiines that an emn-
ergepncy~ exists in this Indulst~ry\ an~d that thle cauxse thereof is de-
structiv-e pr~ice-cutting such as tor render in~effect~ive or seriocusly en-
danger t~he maintenance of the provisions of this Supp~lemlentary
Code, the Sjupplementaryy Code Authoityl3 may cause to b~e deter-
mind the lowest reasonable cost of any or all of the products of
this Industry, such determination to be subject to such notice and
hearing as the Aldministrator may require. The Admiinistrator may
approve, disapprove, or modify the determninlat~ion. Thereafter,
during the period of t~he emrgrency, it shall be an unfair trade prac-
tice for any member of thle Indlustry to sell or offer to sell atny prod-

ucts of the Industry for which the lowest reasonable cost has been
determined at suchl prices or upon such terms or conditions of sale
that the buyer will pay less thierefor than the lowest reasonable cost,
of such products.
When it appears thiat conditions have changed, the Supplementary
Codec Author~ity, upon its own initiative or upon the request of any
inte~rested parity, .shall enuse the d-eterminat~ion to be reviewed.
All mnembe~s of the Industry shall, within ten (10) days after the
effective d-ate of this Supplemnentary Code, publish for the benefit of
all interested parties and file with the Agent of the Suppl"emet~ary
Cole Aulthlority copies of their current price lists or price lists anld
dliscoulnt sheets setting forth the prices and other terms and condi-
tions of sale, at which they will sell the products of thle In~dustry to
the var11ious classes of trade for resale.
Revised price lists and,~ or discount. sheets and~/or all other condi-
tio~ns o~f sale mayr~ be filedl from7 timne to time thereafter with the Agent
of the julPplemecnntry Code Authority as above providedl by an"y
member of th~e Indlustry, to become effective tenl (10) days after
actual receipt. by the Agent of the Supplementary Code Authority.
Copies of 51uchl r~evisedl lists and, or discount sheets and/or all other
condition of sale, writhl notice of thle effective date thereof, shall be
immied~iately1 sent to all members of the Industry, andl shall be avail-
able to all interested parties ; and any member of the Industry m~ay
file, if he so desires, revisions of his price list and/or discounlt sheets
and or condr~itionss of sale, which shall become effective at the date
wh)enl th~e revisedl list. first filedl becomes effective.
Whencr filing prlice lists o~r price lists andl/or discount sheets as set
fourth in thlis Section A~, a suffcient number thereof shall b~e fur-
niish~ed to ther Agent of thep Supplemnentary Code Aut~hority to enoable
hliml to suIIpply a copy to each member of the Industr~y, and in addi-
t~ion th~ereto,, six (6) copies for the urse of the Agent of the Supple-
mnentary Codle Auth~ority. All price lists, discount sheets, etc. shall
at all times he available to all interested parties, except as qualified
by the two folllowing paragraphs.
Prices shall not. be q-uotedl on products of new design or those inl
which fundamental changes have been made until a description of
sucrh new plrodulrcts or uclrh changer d p1roducts,. together with the price
at which such new or changed products will be sold, have been filed
with tihe Agent of the Supplemnentary Code Authority.
Saidi Agent shall not notifyr other members of the. Industry of the
proposed sale of suchi new or changed products for a period of thirty
(30) day~s after prices on such new or changed products have been
filed with hlim.'
Rutle B.-Nl~o member of the Industry shasll secretly offer or makre
any payment or allowance of a rebate, refund, commission credit,
unearnedl discount or excess allowance, whether in the form of money
or otherwise, nor shall a member of the Industry secretly offer or
extendl to any~ cus1tome-r any specal service or privilege not extended
to all customers of the samne class, for the purpose of influencing a
sale, nor shall he wit~hbold from or insert in any quotation or invoice
any statement that makes it inaccurate in any material particular.
'See paragraph 2 of order approving this Code.

Ruzle C.--No member of the Industry shall defame or disparage at
competitor, directly or indirectly, byr words or acts which untrulth-
fully imnpugn his business integrity, his abiity to k~eep his contr~nets,
his credit sta~nding~r, or the quality of his p~r~oucl~lts
Rule~ D.-No member of the Indurstr~y shall imnitate or stimulate the,
trade marki, tr~ade namre, packare, wrr~apper, or label of a comp~eftitor's
product to suchi a dlegree as to dleceiv~e or have a tendency to deceive
Rzide E.--No member of ~the Indcustry shall give, permit to be
given, or dlirect~ly offer to give, any3thing~ of value for the purpose- of
influencing or rewardiing the action of any employee, agnt~rt, or rep-
resentaltive of another in relations to the business of tihe em~-ployer of
sulch emnploy-ee, the principal of such agent or the repl~iresenter p'arty',
with or without thle know~ledge~ of such employer, principal, or party,
p>rovided,. however, that nothing in this Section contained shall be so
construed as to pr~ohib~it free and grelnerl distribution of articles
commonloly used for advertisjing xcscept so far as such articles are
actually ulsedr for commnercial bribcr~y as hereinab~\ove defined.
Rulae F".--NI~o member of the Industry? shall falselyr mark or bl~rand
any product of the Industry which has~ the te~ndencyS to mlisleadt or
deceive customers or pr~ospective customerss whether as to the grade,
qualityy, luanitity, size, srubstance, character, nature, origin, finiishn, or
preparnt~ion of any product of the Indulstry, or otltherwTise.
Ru~e G.-N~6 member of the `Indus~~tryS shall publish advecrtising
whetherr printed, radio, display or of any other na-ture), which is
mlisleading or inafccurlate in any material p~articular, nor shall any
mtemnber in anyr way m!isre'prese;t nt any goods includingg but without
lim~itattionl its use, tradel mark, grade, quality, quantity, or~igin, size,
substance, charnc~ter,, nature finish, mallterial, conte-int or prepar~n-
tion) or credit terms1, values, policies, sei vices, or the nature or
formi of th~e business conducted .
Ru:le H.--No I1mlember of th~e Indudryl~ shall wilfully induce or at-
temnpt to induce thle br~eachl of existing contracts b~etween compeI~tito rss
and their customers' by any! false or d~eceptive means, or inter'fere
with or obstruct the p~erformallnce of any such1 contrnetual duties or
services: by any -.uch1 mneans, w~ith the purpose"~ anld effect of hamper~ll-
ing, injurin~g or embr asun~sin g competitors in their blusines~cs.
R~ule~ I.-N~o mlemnber of thle Inrdustry shall sh~ip goods on con-
Rulle J.--No mnemiber of the Indurstry shall sell, or offer to sell,
any of the p~roductsf of the Indusitryo f~r resale wi;th th~c piv;~ile~g e of
return, except for decfects.
R~ule Ki.--In orderlt to prevent disc~rimiination and other unfair
tradle p~,raticesi, a dlefin'ite c~l:1 idention of trade sha~ll be cerealted as
soon as 1practienable after thle effective d;Iate of this Supplementary
Code by thec Suppleme'n ntar Code Authlority with thle approval2 of
th~e Administ rator.
Rzde L. No miemiber of thie Indlustry shall. -,- grant to anry purchaser
more favorable terms thlan two (2) percent for cash m tien (10)
days, net thirty (30) dlays from date of invoice and date of invoice
shzall not be subsequent to dattte of shipmnent., withl the following

1. In cases where members of the I~ndustry render numerous in-
voices to a customer during any month, those invoices dated from
the 1st to the 15th of the month, inclusive, may be discounted on the
25th of the same month, and those invoices dated from the 16th to
the end of a month, inclusive, may be discounted on t~he 10th of the
next following month.
t2. Sales to the retail trade may be accorded a net payment. period
of sixty (60)) days.
3. Invoices covecring shipments of cooking stoves and ranges, as
covered by this Supplemnentary Code, made during the months of
September to MaIrchI, inclusive, may carry a five (5) months' dating
from date of shipment, but in no case may such deferred dating
be extendled beyond Mlarch 31st~.
4. Invoices covering shipments of ligh~tingr and heating devices,
as covered by this Supplementary Code, made during the months
oif M~ay, June, July, August and Septemiber, may be dated Sep-
temiber ;30th.
If sellers desire to permit, anticipated cash dliscount payments on
dlefelrred dat~ed invoices, as r~efer~red2 to in Clauses 3 alndl 4 above,
they miay do so at, a rat~e nIot exceeding one-half ( HL) of one (1)
p'er cent per month.
RuLc le .--No mlember' of th~e Indlustry shall give any guarantee
Raainst decline in prices, except as against the seller's own decline
up, to date of shipmient.
IRule N.-No mlemlber' of the Industryv shall give free goods, except
as am~ples, or grant. any advertismng, catalog, sales promotion, or
demionstration allowances in connection w-ith the sale of liquid fuel
appliances, not. extended to all p~urchasers under lik~e conditions andi
dulyl pulblishedl. Providled, hlow~ver that the restriction of this
Section shall not apply to thle furnishing of electrotypDes of! stock
entalog pages or other advertising matter.
Rutlc O.--No member of the Inidustr~y shall sell or offer for sale
any dlistillate burner of sleeve tylpe that does niot meet the following
specifications; p rovidled, hiowever, that where a manufacturer of such
equipment desires to manurfacture a burner of this type, w~ith other
mateia~ils tha~n those specified, or desires to use a different comb~ina-
tion of parts thlan those specified, such manufacturer shall first apply
to the Code Authority for p~ermission to do so and hie shall at the
same time submit proof that the substitutions requested will offer
to the consumer protection and service equiivalent to that offered
bya burner constructed as her~ein provided. The Code Authority
will1 pass uponi this petition. If denied, the applicant miay apply to
the Administrator for permission and the decision of the Adminis-
trator shall be final.
(a) The burner top I'rjin top caps and sleeves shall have at thick-
ness of not less th'an .0'26" and shall be made of an iron-chromium
alloy with a chromium content of not less than 16-18 percent and a
nickel content of not more than 1 percent, or alloys of equivalent
heat resistance. Any alloy proposed for substitution for the one
here specifiedl shiall have equivalent resistance to change of shape at
high temperature and to reaction with oxygen and sulphur.
(b) The buirner sleeve~s shall have a height of 48/4" or more.

(c) Other construction and material specifications must comply
with the Underwriter~s' Laboraftories' requirements as specified in
their Code of April 1932 and amendments to June 1, 1933.
(d) Distillate conversion burners (class 2) mus~t icludle all of
the following component parts:
Oil container and stand, hand conrol meterinlg valve or valves,
minimum of six feet of copper tubinar with single burners, and seven
feet w~ithl multiple burners; suitable Ettings;: baes atnd supports, ap-
provedl wicking; sleeves; top rings; caps and the necessary Lolt~s
and screws for proper insta~llation.
(e) Q~uality of mlaterial, wrork~manship and packing must comply
with the Undlerwr1iters Laboratories' requiremrents as specified in
their Code. of April 19:32 and amlendmnents to June 1, 1933.
R~ule P.--No product under Class 2 of this Industry shasll be sold
by thie manlufact urer undler a gurlarant~ee more favoranble than the
following :
Thle mannufacturere guarantees all parts of the e~quipm!lent shlippedi
under this guaranntee for one. year (and no long~r) from date of
installation thereof against defective mante~iall or wTorkmansn~hip (but
not against dlamage caused by accident, abuse, or faulty installation)
when the equipment is installed in acco~danlce with the mainufac-
tulrer's specifications.

~No plroision of this SupplemientaryS Code relating to prices or
terms of selling, shipping or marketing shall app-ly to direct export
sales or to sales of any product decstinedr ultimately for export or to
sales of parts used in thle manufnetur~e of prl~oducts for export. Thre
term "'expo~t." shall include ship~ments to all points outs~ide~ of the
continental U~nited States, provided, however, that no shipments to
any territory or possession of the Un~itedl States shall be consider~ed
an expor~t when any member of the Industry is engaged'' in the In-
dustry in such terr~itory or p~ossession.

1. As provided' in subsecteion (b)1 of Section 10 of the Act, the
President may fromll time to time cancel or mod~cify any border, ap-
p~roval, license,~ rule,1' or1 regulltionUI issued under Tfitle I of said Act.
2. Th~is Su;lpplementulry Cod-e, except as to provisions requiredl by
the Ac~t, may b~e miodifiedl andl or amlended7 on the basis of experience
or changes in c~iicumlstances,, such mlodlifications andor amendments
to be b~ased upon" app'licationl by the Agent of the Supplementairy
Code Authority~ or other r~-~;epresntativv e group within the Industry
to thle A~dmiini;lstento and~ suchl notice and hea~ring~r as he shall sp~ecify
and to becomei effective as panrt o~f this Supplemenlltar~y Corde on
approval by thle Adrminist~rator.

UJpon tenl (10) days' notice to t~he Supplemlentary Code Aulthority
and to the Basic Code Authority andi to the Adlministrator either
Clnss 1 or Class 2 or both may!, uipon the concurring affirmative vote

of the members of such Class entitled to cast two-thirds or more of
all the votes that might be cast by all such members within such
Class entitled to vote thereon, withdraw from the jurisdiction of the
Basic Code Authority and/or this Supplementary Code Authority;
provided, however, that such withdlrawal shall not become effective
until such time as t~he particular class or classes shall be subject to the
provisions of another approved code or codes. T'he eligibility of
voters andi the method andi effect of such votinga shall be in accord-
anice with provisions of ,Section 1 of A~rticle IV' of this Supplemnen-
tary Codle. Th~ereafter this Supplementary Code for such Class, to-
gethler wFith the pr~ovisionss of this Suippl~rementar Code except such
portions as are not pertinent thereto, as determninedd by the Supple-
mnentary C'ode Auithor~ity and thle Atd ministrator, shall become the
SjupplemnentaryS Code governing the remaining Class if any, and its
Supplemneiintur C~ode Authority shall become and be the sole Code
Authority andic shall p~erformi all the functions thereof w~ith respect
to this C'ode.

No provision of this Sup~plementary Code shall be so applied as
to permit monopi~olies or monopolistic practices, or to elim~iinate, op-
p'ress, orl d~iscrimlinate against small enterprises.

Whereas th~e policy of t.hie Act to increase real purchasing power
wrill bje ma~de miore diifficult of consummnation if prIces of goods and
services inicrease as rap~idly as wa~ges, it is recognizedl that price in-
creases except. such as may be r~equiredl to meet individual cost should
be dlelayed, anid w~hen made such increases should, so far as possible,
be limited to actual additional increases in the: seller's costs.


Thii Su~pp.leme~ntary~ Code shall become effective at 12:01 o'clock
A.1\f. on the tenthi (10th1) day after it is approved, and shall continue
in etTeet until June 16, 1935,! or thec earliest date pr~ior thereto on
whichi t~he President. shall, by~ proclamation, or the Congress shall,
by joint. resolution, declare that. the emergency recognized by Section
1 of the National Inldustrial Recovery Act. has ended.
Approved Code No. 84--Supplement No. 5i3.
Registry No. 1125--03.

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