Registry No. 308--1--01
Approved Code No. 199--Amendmenr No. 2
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JANUARY 16, 1935
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Approved Code No. 199--Amendment No. 2
AMENDMIENYTI TO CODE OF FAIRE COMPETITION
As Approved on January 16, 1935
APPROVING AMZENDHIENT OF CODE OF FAIR COMPETITION FOR THE CORKI
An application havingr been duly made pursuant to and in full
compliance with the provisions of Title I of the N~ational Industrial
Recovery ACct, approved June 16, 1933, for approval of an amend-
ment to a Code of 1Fair Competition for the Cor'k Industry, and
opportunity to be heard having been given and the annexed report
on said amendment, continuing findingsc wit~h respcrt, thereto, having
been made and directed to the President:
N~OW;, THEREFiORE, on behalf of the Presideint of the United
States, the National I~ndustrial Rescovery Board, pursuanlt to author-
ity vested in it by Executive Orders of the Presidenzt, including
Executive Order No. 6859, dated Septemb~er 27, 1934, and otherwise;
does hereby~ incorporante by reference said annexed report anrd does
fCind that said amendment. and the dlode as constituted after beinrr
nmendled comply in all rIespects with the pertinent pr1ovisiorns and
w~ill promote the policy and purposess of said Title of said Act, and
does thereby ordler that said amnendmnent be and it is hereby appr~oedl,
and that thle pIreviousc approval of said Code. is hereby mnodified to
include an approval of said Code in its entirety as amended, such
a~pproval and such amendment to takte effect fourteen (14) days from
the date her~eof, unless good cause to the conltrar~y is shown. to the
National Industr~ial Recovery -Board before that tim~e and th~e B~oard
issues a subsequent order to that effect.
Ni\rroNAL INDUSTRIAL RECOVERY BOARD,
ByT W6. A. HEJAnnInswN, AdminiiStra/ltive Of)?cer.
A~pprovl recommended :
11'ALTER G. HOOKE,
Acting Dili~s~ion Administ~r~ator.
WI-smwCONo, D. C.,
Jan u ary 16, 19~35.
REPORT~ TO THKE PRESIDENT
T~c lhe Whie HEow~e.
Sm:I An application has been duly made pursuant to and in full
comlpliance with the provisions of the National Industrial Recovery
Act, for amendment to the Clode of Fair Competition for the Cork
Industry, submitted by the Code Authority for said Industry.
The purposes and effects of the amendment are:
1. T~o rewrite the provision reganrdinga filing of merchandising
plans to require the filing of prices and to eliminate a waiting period
between the filing dlate? and the effective dlate: of prices.
2. T~o prohibit sales at prices other than those filed.
3. T~o require members of the Industry to enter into agreements
with their distrib~utor~s under which the distr~ibutors will be required
to file their prices and will be prohibited fr~om~ selling at prices other
than those so filed.
4. TI[o define the w~ordcs "L price terms."
The Assistant Deputy Administrator in his final report to The
National Industrial Recovery Board on said amendment to said Code
hlavinga found as herein set forth a~nd on the basis of all the proceed-
2ngas in this matter:
It is found that:
(a.) The amendment to said Code and the Code as amended are weHl
designed to promote the policies and purposes of Title I of the Na-
t~ional Industrial Recovery Act including the removal of obstructions
to the free flow of interstate and foreign commerce which tend to
diminish the amount theref a~nd will provide for the general welfare
by pro0moting the organization of Industry for the purpose of coop-
era tie action among trade groups, by inducing and maintainiing
united action of labor annd management under adequate governmental
sanction and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of the present productive
capacity of the industries, by avoiding undue restriction of produe-
tionl (except as mnay be temporarily required), by increasing the con-
sum~ption of industrial an agricultural products through increasing
purchasing power, by reduciing and- relieving unemployment, by im-
proving standards of labor, and by otherwise rehabilitat~ing industry.
(b) The Code as amended complies in all respects with the pertli-
nrent provisions of said Title of said Act, including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7, and sub-
section (b) of Section 10 thereof.
(c) The amlellmenet anid the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(d) The amendment and the Code as amended are not designed to
aInd will not eliminate or oppr~ess salnl enterprises and will not oper-
ate to discrimninatee against them.
(e) Those engaged in other steps of the economic process have not
beenz deprived of the right to be heard prior to approval of said
For these reasons, thierefor~e, said amnendment is hereby approved.
For the National Indust~rial Recovery Board:
'W. A. HannreIA
Adadnistr jtrative~ O fcer).
JANUAsRY 16, 19r35.
AMIENDM4ENT TO CODE OF FAIR COMfPETITION FOR
TH[E CORK INSDU~STRY'
~AnaRanI VIII. Add a new Section as follows:
SECTIO~N 8. The! provisions of Sections 1, 5 andZ 7 of this Article
shall appl to the entire I~ndustry. The provisions of Sections 2, 3,
4 and 6 ofthis Article shall apply to all of the divisions of the
Industry, except the Cork Insulation Mlanufacturers' Division, to
which Divisioni they shall not apply.
A~dd a new Article as follows:
SECTION 1. The provisions of this Article shall apply9 only to the
Cork Insulation Manufacturers' Division.
SEC=TION 2. Within fifteen (1.5) days after the appr~oval by the
Code Authrority and the National Industrial Recovery Board of the
Executive Comnmittees' recommendations and mlercLhandising~ plans as
provided for in Section 1 of Article VIII, each~ indlividual member
of the Division. concerned shall file with the Secr~etary his plan for
merchand~isingr anld his price terms, effective on the fifteenth dlay
after said approval, which plan shall supply the information re-
quired and shall be in the form so approved by thle Nationlal Indus-
trial Recovery Board. T~he member's me~c~handti isin plan andl price
terms so filed shall r~emafin inl force unless anld until super~seded by
the filing with the Secretary) by the member of a revision of his
merchnandisinga plan and price ter~ms. Except said member's mler-
chandising plan and price terms initially filed as above provided, re-
visions of such plan an~d pr-ice terms shall become effective immed-
diatelyy upon receipt thereof by the Secr~etary, wTho shall, byr tele-
giraph or other equally pr~ompt means, immediately notify said mem-
ber of the time of such receipt. The originally mer~chandising plan and
price terms and all revisions thereof, filed by each member of the
division c~oncernedl, as well as the~ price terms of mannufactur~ers' dis-
tributor~s, which may be filed with the Secr~etary pursu'iant to the
provisions of Section. 4 of this Article, shall be immediately and
simultaneously distributed by thze Secretary to all other members of
the division and to those manufac~turers' dlist~ributors whlo have price
terms on file with thle Secretary r~egaring similar products of the
inrdustr, and thne same shall be malde available to all customers af-
fected thter~eby who have applied therefore and- have ,agreed to defray
the cost actually incurred by the Codle Authority in the preparation
anld distribution thereof, an~d the same! shall also be available for
ins sectionn b~y any of the said customers at thle office of the Secretary.
SECTION 3. N~o member shall sell or offer to sell any article at price
terms other than those which suchl member has culrrently on file with
the Secr~et ry'.
SECTION 4. No member of a division for which a merchiandisinga
plan shall have been approved by t~he National Industrial Recovery
Board shall sell any product of said division to or through any dis-
tributor or distributors, after fifteen (15) days after the late of ap-
proval of said~ merrchndi-singr plan, unless and until said distributor
andl'0r distributors shall have entered into a separate written agree-
ment, which agreement shall contain the following provisions:
(a) That such manufacturers' distributor shall for~thwith issue
and file with the Secretary his or its price list or lists, including
therein all prices, terms, rebates, discounts, allowances and condi-
tions of sale and any revisions thereof which may be mnade from timne
to time, relating to or affecting the sale or otfer to sell of any' of the
products of the division concerned, to all classes of customers.
(b) That said price list or lists, terms, rebates, discounts, allowu-
ances and conditions of sale, and any revisions thereof, shall become
effective immedliately upon receipt of same by the Se~cretary.
(c) That such manufacturers' distributor shall not sell or ot~er.
to sell any of saidl products at. prices or terms other than those whichi
he or it has currently on file with the Secretary.
Copies of all such separate agreements so executed- shall be filed
w~ith the Secretary within five (5) days following the dlate of their
execution. Immediately upon receipt of the price termlls of such
manufacturers' distributors, the Secrertary by telegraph or telephone,
or other equally prompt means, shall notify such manufacturers'
distributor filing the same of the time of such receipt and all such
price terms and revisions thereof shall be immediately and simul-
taneously distributed by the Secretary to all members of the division
and to such manufacturers' distributors who have filed price terms
or revisions thereof for the sale or offer to sell of similar products,
and th~e same shall be made available to all customers affected
thereby who have applied therefore and have agreed to defray the
cost actually incurred by the Code Aut~hority in the pr~eparation and
distribution thereof, and the same shall also be available for inspec-
tion by any of the said customers at the office of the Secretary.
SECTION 5. The provisions of Section 4 of this Article shall cease to
be effective sixty1 (60) days after the dlate of the approval of this
Amendment, unless within that time manufacturers' distributors of
the products of the Cork Insulation Ma~nufacturers' Division, to tlhe
extent of 7i5% by number and 85%r by volume of business, file w~ith
the National Indulstrial Recovery Board their assent to the provisions
of said Sect~ion 4.
SECTION 6. Any Agreement made under the provisions of Section
4 of this article shall termiinate if and when this Code, or said Section
4 of this Article, or said merchandising plan shall cease to be of effect.
Amend Article II by addling a new section as follows:
SECTION 13. Wherever used in this Code, the wvordls price terms "
shall be understood to include all prices, terms, rebates, discounts,
allowances or other conditions of sale. Whenever used in this Code
the words manufacturers' distributors shall have thne meaning
within each Division as defined in the MIerchandising Plan for that
Approved Code No. 1 A--mendment No. 2.
Registry No. 308-1-01.
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