Code of fair competition for the cordage and twine industry as approved on February 21, 1934

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Material Information

Title:
Code of fair competition for the cordage and twine industry as approved on February 21, 1934
Physical Description:
p.257-271 : ; 23 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
Supt. of Documents
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

General Note:
"Approved Code No.303 ; Registry No.219-1-01"

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004851317
oclc - 63654226
System ID:
AA00007804:00001

Full Text












FAIR COMPETITION
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-EAND TWINE

INDUSTRY


AS APPROVED ON FEBRUARY 21, 1934

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Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chankber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue..
Los Angeles, Calif.: 1183 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 218 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street
Philadelphia, Pa.: 422 Commercial Trust Building
Pittsburgh, Pa.: Chamber of CommerCe Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 810 Customhouse.
Seattle, Wash.: 809 Federal Office Building.


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:.:' 7 : ::. Ad:: : ..i~ :: Code No. 303

CODE OF FAIR COMPETITION
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.CQRODAGE AND TWINE INDUSTRY

:::. As Approved on February 21, 1934
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: .... .ORDER
NG CODE OF FAIR COMPETITION FOR THE CORDAGE AND TWINE
INDUSTRY


Act, approved June 16, 933, for approval of a Code of Fair

e duly held thereon and the annexed report on said Code,
ii findings; with respect thereto, having been made p an and
cted to the President:
1.| W, THEREFORE, on behalf of the President of the United
I, I, Hugh S. Johnson, Administrator for Industrial Recovery,
nt to authority vested in me by Executive Orders of December
.83, and otherwise- do hereby incorporate by reference said
d report and do fnd that said Code complies in all respects
ihe-ipertinent provisions and will promote the policy and pur-
S of said Title of said Act; and do hereby order that said Code of
iAirCoin0petition be and it is hereby approved.
":". HUGH S. JOHNSON,
...i.... Administrator for Industrial Recovery.
Approval recommended:
L::i:i. L. BERRY,
.:, ,.:: Dvision Administrator.
I WasaS TON, D.C.,
i *: .. February 01, 1934.
41825 --378--117---34 (257)
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REPORT TO THE PRESIDENT
The PRESIDENT
The White Howue.
SIR: A Public Hearing on the Code of Fair Competition for:S
Cordage and Twine Industry, submitted by the Cordage Instittl
located at 60 East 42nd Street, New York, N.Y., was conducted
in Washington the 1st of November, 1933, in accordance with .
provisions of the National Industrial Recovery Act. The Institut
claims to represent approximately 70 percent of the Industry.
The maximum hours permitted under this Code for productirtil
employees and those engaged in accounting, clerical or office work:
are forty (40) per week; non-productive employees are permitted .itoi
work 44 hours per week with time and one-third for all hours woriieda
by this class of employee in excess of 44 per week.
The minimum wage is thirty cents (300) per hour in the Sooth
and thirty-two and a half cents (321/2) per hour in the N. ,
The minimum rate of pay for office, accounting and clerical email
ployees is fourteen dollars ($14.00) per week. Provision is .wad
for an equitable adjustment of wages above the minimum. '
The value of cordage and twine has decreased approximately."
percent between 1929 and 1931, and it is probable that 1932 f:gurei
will show still further decrease. This decline has been partly 4of
to lower prices and partly to the increase in imports. Imports '$q
binder twine have increased from 19 million pounds in 1929 to o..i,3
42 million pounds in 1932. There has been a considerable tfaflik
off in the demand of rope by the shipping trade, and until there.:'
an upturn in world trade, there cannot be a stronger demand i* /
rope from this source.
On the basis of the 40 hour week.it is estimated that eomployne
will be increased 19% and that there will be a 20% increase in pay-
rolls. Unlike most industries the number of wage earners employee ..
in 1929 did not represent the peak of employment. Figures -biE: 3
piled show that between 1926 and 1929 employment declined ~p-
proximately 20%. The decline has continued since 1929. In June,.;
1932 only about 3,800 wage earners were reported but by Junei
1933 the number had arisen to around 4,050.
FINDINGS..
The Deputy Administrator in his final report to me on said Coh'
having found as herein set forth and on the basis of all the proceed i.
ings in this matter;
I find that:
(a) Said Code is well designed to promote the policies and puit
poses of Title I of the National Industrial Recovery Act, include
ing removal of obstructions to the free flow of interstate and fbri
eign commerce which tend to diminish the amount thereof and w
(258)








f0 far by promoting the organization of
f co operative action among the trade
7i id tgmaintaining united action of labor and
w r l~. debate governmental sanctions and supervision,
,p.mpellt:tive practices, by promoting the fullest
ai aie resent productive capacity of industries,
g u restriction of production (except as may be tem-
qured)l by increasing the consumption of industrial and
Products through- increasing purchasing power, by re-
idt'liBing unemployment, by improving standards of
-1yq ierwise rehabilitating industry.
Sk datiy normally employs not more than 50,000 em-
iiid:-ise not classified by me as a major industry.
e Code as approved complies in all respects with the per-
provisions of said Title of said Act, including without limita-
bection (a) of Section 3, Subsection (a) of Section 7, and
d;n" .b) of Section 10 thereof; and that the applicant asso-
:E an industrial association truly representative of the afore-
:xistry; and that said association imposes no inequitable
Ions on admission to membership therein.
Siae Code is not designed to and will not permit monopolies
li~tic practices.
W: .Code is not designed to and will not eliminate or oppress
enterprises and will not operate to discriminate against them.
i ) ose engaged in other steps of the economic process have
b$,deprivedd of the right to be heard prior to approval of said
Sisindustry has cooperated in a most satisfactory manner with
i.:Admiiistrftor in the preparation of this Code. From evi-
.adduced' during this hearing and from recommendations and
of the various Advisory Boards it is believed that this Code
S.proposed and revised represents an effective, practical,
le solution for this Industry and for these reasons this Code
been approved.
'Respectfully,
;. Rs.pc t- f y HUGH S. JOHNSON,
.. Administrator.
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mean the manufacture,, and/or sale by manufacturers, iii
United States, as defined in Section 1, of cordage, inclu
tarred or untarred, composed of three or more strands,, e
composed of two or more yarns and/or cords and twines, mil
binder twines, tarred or untarred, single or plied, wholly orih
value of Manila abacaa), sisal, henequen or other hard.. Wi ll
cordage, twines and/or ply and yarn goods, commonly iknowi
tarred hemp goods, and such related branches or subdivision6pi 0
from time to time be included under the provisions of this O8
the President of the United States, after such notice and '.rk
he may prescribe.' '
3. The term employee as used herein includes any an..
sons engaged in the industry, however; compensated, except
of the industry. -
4. The term member of the industry" includes, bUt li i
station, any individual, partnership, association, corporation, It
form of enterprise engaged in the industry, either as an emnpli
on his or its own behalf.
5. The term productive machinery as used hereZi in
includes preparation, spinning, twisting, laying and/or fi
machinery. "'
6. The term "unfair trade practice" as used herein nmeaiid
unfair method of competition.
7. The term "productive employees" as used herein, slha iI.
those employees engaged in the actual preparation, sp ,.V
ing, laying and/or finishing of cordage and/or twine whr
work consists of manual work or operation of machine.y.:.
8. The term non-productive employees as used herein, a
mean all employees of this industry who, are not included with
the definition of productive employees.:
9. The term "Act" and "Administrator" as used heroin, "a.
respectively Title I of the National Industrial Recovery A..
the Administrator for Industrial Recovery.
(2*0)


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4..g: T. : Jwine industry shall be divided into the fol-
iiid ding tarred hemp goods.
i f-twine, including lath yarn and all ply and yarn
e % b inEer twine.

A.TJ.LE IV-HOURS
cept as hereinafter provided the houis of employment of all
4les shali he as follows:
i. inon-productive employee engaged in accounting, clerical
Bworik iand no productive employee shall be permitted to work
of forty (40) hours in any one week, except that any such
oe may be employed forty-eight (48) hours in any one week,
|ed that his average employment for any calendar quarter does
:ceed forty (40) hours per week. Productive employees shall
etime and one-third for any work over forty (40) hours in

$:".o .non-productive employee not included in above Subsec-
ia) (such as repair shop crews, engineers, electricians, super-
aers, oilers, firemen, shipping crews and/or watchmen)
be employed in excess of forty-four (44) hours per week, ex-
Ir emergency work hereinafter provided for, and any such
~~n excess of forty-four (44) hours per week -shall be paid
i'i the "rate of time and one-third.
o Ia-p.roductive employees may be employed overtime on emer-
r work, provided a report of such emergency work is made the
i if each month to the Code Authority.
ilhe m imum hours provided shall not apply to employees en-
Si an executive, managerial or supervisory capacity, inside
en, clerical, accounting and office employees, any of whom re-
thirty-five dollars ($35.00) per week or more, nor to outside

j: employee shall be permitted to work for a total number
s ii excess of the number of hours prescribed herein whether
jbb aopioyed by one or more employers.
.1- .i I.. i : .-" "". ":': : A.R. I E -W AGES
S. minimum wage that shall be paid by members of the in-
iAs yt&c~y em plye hall be thirty cents (300) per hour in
V : t a, 'North oi;o South Carolia, Georgia, Florida, Ala-
Sk 2aMi issi msi Arkansas, nessee Texas and Louisiana, and
ti. rtytwo a a baff cents (821/) per hour in all other States
.0saTda the District of Codii6bia.
I ."2. The minimum rats :of.pay for office, accounting or clerical
mloyees, shall be fourteen' dollars ($14.00) per week.
".t Thi.s Article establishes a minimum rate of pay, regardless
leather' an employee'Ai compensated on a time-rate, piece-work
riormance or other basis. .
ii. eiry member of th&eindustry shall increase the rate of pay of
K in:l].16s paid either by the hour or piece, if not increased prior
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pIClDUOUln 111 All uLMCeAU .UJUL UO 1 DUUlM ULa.UO UL WuVILr IWU;. C V
place of business in June, 1929, provided that no employee Jhsi*
paid less than the minimum fixed in this Code. All such. izeait
made since June 16, 1933 shall be reported to the Code Authorit$
to insure that the prevailing rate for the same class of work in'tih
manufacturing district in which the place of business is located shal
govern the application of this provision. Sixty (60) days afe
effective date of this Code, the provisions of this Section shai t
reviewed by the Administrator and revised in such manner .;3as
in his opinion be necessary to effectuate the purposes of the Act.,
ARTICLE VI-GE aRAL LABOR PROVISIONS
1. No person under sixteen (16) years of age shall be employed U'
the Cordage and Twine Industry; nor any person under eightii
(18) years of age at operations or occupations which are hazardjdiU
in nature or dangerous to health. The Code Authority shall su~bti
to the Administrator a list of such operations or occupations. In 'ii
State an employer shall be deemed to have complied with this r.
vision as to age if he shall have on file a certificate or permit (Fly
issued by the Authority in such State empowered to issue emll
ment or age certificates or permits showing that the employee is aQ
the required age. ":
2. In compliance with Section 7 (a) of the Act, it is provided: .i '.
(a) That employees shall have the right to organize and bar'g
collectively through representatives of their own choosing and sal
be free from the interference, restraint, or coercion of employers :
labor, or their agents, in the designation of such representatives or
self-organization or in other concerted activities for the purpose
collective bargaining or other mutual aid or protection.
(b) That no employee and no one seeking employment shall
required as a condition of employment to join any company unio.p
to refrain from joining, organizing or assisting a labor organic
of his own choosing, and '
(c) That employers shall comply with the maximum hours
labor, minimum rates of pay, and other conditions of employmej
approved or prescribed by the President.
3. No provision in this Code shall supersede any law, Sta
Federal, which imposes on employers more stringent requireme
to age of employees, wages, hours of work or general working'
editions than are imposed by this Code.
4. No employer shall, for the purpose or with the effect of d:
ing the provisions of this Code, reclassify employees or duties .
occupations performed as they existed on October 17, 198.
5. Each employer shall post and keep posted copies of Articli1i
V, VI and X of this Code in conspicuous places accessible
employees. ..
6. If any employer of labor in the Cordage and Twine Ind
also an employer of labor in any other industry the provisiornr


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lbshu1M apply to and affect-only that part of his business which is
hp i in the manufacture of cordage and twine, as herein defined.
: temporarily and until further order of the Administrator,
*i'atioui of productive machinery shall be limited to two forty (40)
r shifts per week.
Ip 4a') The Code Authority may grant exceptions to the above pro-
n subject to review of the Administrator.
ARTICLes VII-ADMINISTRATION
ORGANIZATION AND CONSTITUTION
I t. A Code Authority is hereby established to cooperate with the
Adninstrator in the administration of this Code and shall be chosen
the industry through a fair method of selection, approved by
9a Administrator, to serve for a period of one (1) year from the
tol ; of its selection. The Administrator in his discretion may ap-
nIt not more than three (3) additional members without vote, and
without compensation from the industry, to serve for such period
i. 1;time.and to represent the Administrator or such group or groups
"hi may designate.
.(Each trade or industrial association directly or indirectly
S pipating in the selection or activities of the Code Authority
.lImpose no inequitable restrictions on membership, and shall
1'. iit to the Administrator true copies of its articles of association,
f aws, regulations, and any amendments when made thereto, to-
rwith such other information as to membership, organization,
aiL activities as the Administrator may deem necessary to effectuate
e purposes of the Act.
..(bj). In.order that the Code Authority shall at all times be truly
pre, tentative of the industry and in other respects comply with
I: provisions of the Act, the Administrator may prescribe such
lh4 wings as he may deem proper; and if he shall find that the
g de Authority is not truly representative or does not in other
Ire:: speets comply with the provisions of the Act, he may take such
A:ion as he may deem necessary under the circumstances.
(i: (c) Members of the industry shall be entitled to participate in and
ph re the benefits of the activities of the Code Authority and to
0t tticipate in the selection of the members thereof by assenting to
: atd complying ,with the requirements of this Code and sustaining
Sifitr reasonable share of the expenses of its administration. Such
r aonai ble share of the expenses of administration shall be deter-
gi ld n by tlhe Code Authority, subject to review by the Administra-
ri. t.~ini the 'basik of volume of business and/or such other factors
:~ aiy`h de6emetL equitable.
:: OCde Authority shall have the following duties and powers
to: the extent permitted by the Act.
S::':: i( o administer the provisions of this Code and provide for the
cipLiaie"i of the industry with the provisions of the Act, and to
I;:tpose aimendmentss, exceptions and/or modifications and submit
them to the Administrator for his approval; such amendments and/or
Smodifications, when approved, shall become a part of this Code and
Shave tfe same free and effect as if originally incorporated herein.
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agencies as the ACmiMnMtael mal designale; provided tnat. noun
in this Code shall relieve any members of the industry of any
obligations to furnish r:pi l toi~oy government agency. No3
vidual reports shall be di.~ losed to a.y other member of e.
or any other party except to Isch i."adinistradtive 'iCu4hdZ
mental agencies as may be directed b e .:Adtistratri.."]
(d) To make economic saties of costs and selling pieces
due regard to capital investment and eiter, factorsr'si ii:d
the Administrator the results thereof with iuch recomni
connection therewith as may in its opiio tend0 t6 efedtit s'
pose of this Code.
(e) To use such trade association and other ageniez A i.t
proper for the carrying out of any of its activities pb
herein, provided that nothing herein shall relieve the COode
of its duties or responsbiEties under this Code ad thati4
associations and agencies shall at all times be subject to .i ..
with the provisions hereof. .
(f) To make recommendations to the Administrator forto'l
dination of the administration of this Code with such 6ot
if any,.as may be related to the industry.
(g) To secure from members .of the industry, who pt!Sid.-
this Code or in the activities of the Code Authority su ?.
tionate payment of the reasonable expenses of maintaining M42I
Authority as may be determined by.the Code Authorit.y and
by the Administrator. ,
(h) To cooperate with the Administratpo in regi4 ati. j
of any N.R.A. insignia solely by those members of ein:
have assented to, and are complying with, this Code.,'
(i) To recommend to the Administrator fuher ais'# :.d
twice provisions to govern members of'the industry ii' treir
with each other or with other industries and to recomm.e..
Administrator measures for industrial planning, icii%4l .
tion of employment.
(j) Each member of this industry shall install :and i
adequate cost finding method ,approved b. the Code tho
the Administrator, in order that comparable cost datafor Mld
industry may be available for such purposes .asu protdei
Code. :
(k) No manufacturer in any Division, shall:be ie '
any information, data or reports not required of a ..
facturers in the same Division except where suci info
or reports may be required in connection with .ai
an leged violation of the Code.
(1) If the Administrator shall determine' that. an: 'l
Code Authority or any agency thereof may be un.li' or

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t to the public interest, the Administrator may require that
action be suspended to afford an opportunity for investigation
.J e'eit- of such action aid further consideration by such Code
S i$lWdry 6 agency pending final action which shall not be effective
s' thes Administrator approves or unless he shall fail to dis-
tove tfter thirty (30) days' notice to him of intention to pro-
d with such action in its original or modified form.
-* ATAnc E VIII-ParsoN MADE PRODUCTS
.No lN member of this industry shall purchase for sale or resale,
*jelr l or offer for sale, or otherwise distribute any cordage or twine
lIainufactured or produced, in whole or in part, in any penal or
;:Iformatory institution, or produced or manufactured, in whole or
part, by prisoners, except prisoners on parole or probation.
SProvided, however, that the provisions of Section 1 hereof shall
i rap ly to any cordage or twine produced in any penal or reforma-
mstitution in, or by the prisoners of a State of the United States
i'sh has entered into and is complying with and making effective a
,onpact or a binding agreement of any other nature, which satisfies
iAdministrator that cordage or twine produced in whole or in part
I uc#ih institution or by the inmates thereof (with the exception of
and twine produced by any prison solely for the use of tax
i institutions, agencies, departments or activities of any
o~r l ts political subdivisions) is manufactured, sold and distrib-
: upon a fair basis of competition with similar merchandise
hbe ly private domestic industry, but otherwise Section 1 hereof
A ty'to 'such' prison-made products.
i T::h, Te Code Authority shall promptly present to the Administra-
Sall facts pertaiing to the problem of convict-labor competition
I eitctmg.the cordage.and twine industry.
ARTICLE IX-PRODUCTIVE MACHINERY
I:I :R^; Temporarily ani until further order of the Administrator, no
!i: W .facturer engaged inmthe Cordage and Twine Industry, and no
i- t-rsihip 'r corporation, for the purpose of engaging in
he dage :ad Twine Industry, shall purchase, manufacture, lease
i 1 se obtai n or e, .productive machinery not owned, leased
StUii ernbe held pric'to toIheI effective date of this Code, except by
sic: during a certificate from the Administrator, upon application
S.:;iil.. dh the Code Authority, certifying that the obtaining, manu-
In: ag, or use of such additional productive machinery is consist-
,%i MA pith effectuating the policy of the National Industrial Recovery
At: nothing herein shall be construed as preventing the replacement
i. of prtdiictive machinery, of equal or less productive capacity, exist-
Sing on the effective date of this Code or the transfer of productive
machinery from one manufacturer to a subsidiary manufacturer.
ARTICLE X-EVASION
1. No member of the industry shall engage in any subterfuge for
th.purpose or with the effect of defeating the provisions of this Code
.r4the intent and purposes of the Act.

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to cancel or moony any order, please, rule, or regulation issuea ge|lw..
said Act.
2. This Code, except as to provisions required by the Act, may 1iq
modified, or amended, on the basis of experience or changes U.
circumstances, such modifications, or amendments, to be based upo:;
application to the Administrator and such notice and hearing as. hi
shall specify, and to become effective on approval of the PresideSn
unless otherwise provided. '- *..

ARTInIz XII-MONOPOIEis, ErT. i
1. No provision of this Code shall be so applied as to permit moj;r
nopolies or monopolistic practice, or to eliminate, oppress, or discrin
inate against small enterprises. ..

ARTICLE XIII-PICE INCREASES
1. Whereas the policy of the Act to increase real purchasing poe.r::
will be made more difficult of consummation if prices of goods i::
services increase as rapidly as wages, it is recognized that pi.se
increases except such as may be required to meet individual c .
should be delayed, but when made such increases should, so far at.
possible, be limited to actual additional increases in .the seller's d;tq 'I

ARTICLE XIV-EFFECTVE DATE
1. This Code shall become effective fourteen (14) days after itlt
approval by the Administrator. '

AnTILE XV-SuPPLEMENTAY PRovIsIoNs '"M
1. The following schedules (a and b, inclusive) are supplement "`ti
to, and constitute part of, the Code of Fair Competition fori,.
Cordage and Twine Industry. Such schedules apply respective
those particular Divisions of the Cordage and Twine Industry.
cated by the specific headings.
Approved Code No. 803. .
Registry No. 219-1-01.


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SO: SCHEDULE "A"
DrvSION ros MANUFAOrUnRs or OORDAGH AND WiAPPrme Twimn
:ia& tli. Fiig Price Lists.-(a) Ehach member of this Division of the industry,
within five (5) days after the effective date of this Code, shall file and main-
= t;ii on file with the Code Authority, a schedule of prices, together with re-
ittilons of same from time to time, as inclusive as the Code Authority, with
::e -approval of the Administrator, shall determine. Each schedule shall
a w the selling prices for (1) cordage products made by such member, and
2el: i) wrapping twine products made by such member. No member shall make
i'a;i ';change in such selling prices except as otherwise provided herein. Each
'. s:h schedule shall become effective on the date of receipt by the Code Au-
Ah'ority. No price schedule of any member of this Division shall lie increased
iW.iithin a period of five (5) days after any decrease in such member's sched-
i'e.: Such price schedules shall be available to anyone in interest.
iT:..-:..b) No member of this Division shall sell, or offer to sell, any cordage or
rIai-spping twine, directly or indirectly, at a price other than that specified
i -:' ris -current schedule on file with the Code Authority or modify the sched-
li.Mf by any subsequent concessions made either directly or indirectly, except
i 'that any member of this Division may deviate from such price schedule to
:ii e actual competition on a comparable item, provided that he make im-
l t:itt.te report of such deviation to the Code Authority with such relevant
: s the Code Authority may require.
-Re.. : lationshIip of Costs.-(a) The Code Authority, at such time and after
; :;'i' study as it may deem proper, shall recommend to the Administrator the
:........lln tionship of costs and/or differentials; first, as to bolt rope, drilling cables,
Ia L;: i transmission rope, and as to #1 and #2 Manila and #1 and #2 sisal
i rd. ag as between and affected by grades, put-ups, sizes, special treatments
*l&iifit. :constructions (not patented) having a significant effect on costs and
t.! .'j~as sales conditions and arrangements; and second, as to all products
'i'i,i,,ie!luded in R92-32, United States Department of Commerce Simplified Prac-
:,:tidt "Recommendations, as between and affected by classes, sizes, put-ups, con-
,::i. traction, varying treatments and construction (not patented), having a sig-
SMteait effect on cost and special sales conditions or arrangements.
:: Th rT e Administrator may approve, disapprove or modify these recommen-
1 nations.
t':d Af.ter. approval by..the Administrator no member of this Division shall
i:':i. arSE schednue of.prices which does not conform to such relationship as here-
wi above provided in Section 2 (a).
. l'..... ..jd Discounts, Comm~ue ona, Allowances, Etc.-(a) The Code Authority,
Ouw0bet to the approval and with tFe advice of the Administrator, may from time
o ''::9J arrange for conferences of all interested parties, including all classes of
ii.:;.i:: ary sellers, or the Gode Authority governing them, for the purpose of
,ti smai a agD g :to the Administrator the establishment of such commissions,
tl:::a,,, tii discounts and/or allowances which in its opinion, will be fair and reason-
a!,il:.. e .i elation to the nature and extent of the distributing services and func-
tismii iM red by.. each buying clasa.
"..... "i TI) he'Adfainitratormay approve, disapprove or modify these recommenda-
-ti'.- ......
(e) Mter 'such discounts, commissions and/or allowances shall have been
IMpr~oed by the Administrator upon .such notice and hearing as he may deem
ibeemsary, it shall be an unfair trade practice for any member to sell any product
included. in his division with a discount, commission or allowance in excess of
those'approved.
(d) If the Code Authority recommend and the Administrator approves, the
Discount, commission and/or allowance of any secondary seller shall be
:. i eastedby any member, when.to the knowledge of said member, the secondary
iiSer allows any customer any discount, commission and/or allowance in excess
(207)

















conditions: .
(1) Where such mill agents or distributors agree to abide by th4 M .iei
Fair Competition for the Cordage and Twine. Industry with respe. tt
sale and distribution of cordage aad wrapping twine.
(2) Where said mill agent or distributor sells cordage or wrapping: twi.'
a specified territory exclusively for the account of one member of thia
except in cases where the.member of the Division, .supplying said .m ll i
or distributor, is unable to supply the necessary -item or product.
(3) Where said mill agent or distributor is exclusive with said Xneiexl '
the specified territory, which territory shall not be less than the ieeit
limits of any city or town.
(4) Where (a) the billing is done by the member or (b) if the milli .:
or distributor does the billing, invoices shall include the name of the il .*a i
facturer of the product and copy:..ofall invoices shall be sent on the firAit
each month to the manufacturer and commissions to mill agents or distribut.r
shall be based on said invoices...
(5) Names of all mill agents and. distributors' shall be filed with the .
Authority and made known to each and every member of the. Cordage.
Twine Industry.
(f) Nothing in this section shall be construed to abridge the right of m-ofi
facturers to sell direct to any customer in any territory or the right Q
customer to buy direct from any member. i3
4. Freight Charges.-(a) The Code Authority shall recommend to the A riDisi
istrator a zoning plan for freight charges, including drop shipment chars'i..:
(b) The Administrator may approve, disapprove or modify these. eew&
mendations.
(c) Such plan when approved by the Administrator, shall remain in effect it..e
six (6) months from the effective date of this Code or until changes.are mnae
in Fame by the Administrator or by the Code Authority with the approval. (it
the Administrator. ; .
(d) No member of this Division shall sell or offer to sel any produet'of tba.
division except in accordance with such plan when so approved. .
5. Terms and Discounts.-(a) No member of this Division shall allI any
cash discount in excess of two percent (2%), ten (10) days, thirty (SO) dai
net, from date of invoice, except upon authorization of the Code Authorityi...
(b) No member of this Division shall make or give to any pu~hraser-of
product any guarantee or protection in any form against decline n the ma
price of such product.
(c) No member of this Division shall date any invoice of any eMavr
wrapping twine subsequent to the date of the shipment of such cot-
wrapping twine, or include in any invoice any cordage or: wrapping.
shipped on a date earlier than the date of such invoice. 'i
(d) No member of this Division shall invoice any cordage or wrappitg-
at prices which do not reflect the actual return to the seller.
(e) No member of this Division shall settle any account except in-
accordance with the terms and details of the invoice; nor directly or intl
give rebates, refunds or unfair credits or allowances, whether in" the-
money or otherwise. This provision shall not apply to settlement with I
debtors.
(f) Each member of this Division shall show on his invoice anntse
thereof his Individual list price, together with any discount, eomis
deductions allowed by him relative to the sale covered by::such irnve,: i.
6. Contractual Terma.-(a) No member of this Division shall :.eBlo
for sale any cordage or wrapping twine: ..
(1) Unless order is accompanied by definite specifications.
(2) Unless offers to sell are subject to change, without notice, e~ pt
to sell to Federal, State or local governments, which n..;ar
acceptance within ten (10) days after opening of bids.


S .... .." .. : ::..
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pil uEtlRurai;... :ru:w.ee ip, e. aru -ur uumUMUr BUIpulun-L, LLUeLpt wUt.e. SfaiUh
l iplb delivery are (a)-at a definite price with a definite shipping date; or
aie without price, the price to be the member's price prevailing at time of
..('::'ie' acept on a -grbss weight basis.
i:i.:5):~ Whesm. the markings on the product or the invoice covering same show
in.iet weight or tare.
I;;). Where the product is not covered, protected or lashed in the usual custom
:iibf :1 e, trade, as prescribed by the Code Authority with the approval of the
SAdafminiastrator.
i:t:i.. (17) For the-purpose of determining the observance of the above provisions,
pes of all orders and invoicedi shall be made available to the Code Authority
-".:ii demand.
.-.Prlce nd Campetitive Practices Isvestigatiom.-(a) The Code Authority
i:hallB investigate such prices and competitive practices as in its opinion tend
:itbdefeat the purposes of the National Industrial Recovery Act and shall then
,.~::make its recommendations to the Administrator who may approve, modify or
ieny -fsch recommendations.
:,; Si mplifedt Practice Reoommendation.-(a) No member of this Division
:i$ 11 manufacture or cause to be manufactured, except as otherwise authorized
i';y the Code Authority, subject to review by the Administrator, products included
'h the Wrapping Twine Division, on and after ninety (90) days after the
~iiafeetive date of this Code or sell, or offer to sell, any product which does not
Nim ply- with the provisions of Simplified Practice Recommendation R92-32, as
e i e lgated by the United States Department of Commerce, except as provided
.ii eetion 10 for the disposal of Distress Merchandise.
:i:.(b') The Code Authority, with the approval of the Administrator, shall develop
i :jiplified practice recommendation program for cordage, with the assistance
S ,t :the Division of Simplified Practice of the United States Department of
is la"~~ rce, which program shall be submitted' to the Administrator as an
il :i endment to this Code.
i;. Q'):.Upon the expiration of thirty (30) days after the effective date of this
;]::~ de, no member of this Division shall manufacture or cause to be manufac-
I .ed products included in the Cordage Division or upon the expiration of six
rii months after the effective date of this Code, sell or offer to sell any such
ibi.iitii. t,: except as provided in this Section, or as otherwise provided by the
i U6:: Authoity, or as provided in Section 10 of this schedule.
i!!:f.; l.)* Trade Designations:
li- -Beeker reflectance values



...2el.&a 43 48..
----------- --------------- 7-------------------------------- 5 I
& N1. ---- ---------t &lage ----------------------------------438
smallerthan 2% cr......--...-- ----------------------- 46 54
l cir. & Isrger-------------............ .------------ ----- 33 40
than ......-----.... ---------------------..............................---...---.. 42
i;Aipio be able er) (ltaine)-----...... ---- ---.......... ()
i and comparable fibers) (stadless)--....--.---..--..-......- 40 48


j.;t:i:erm Beeker Reflectance Value" shall be defined and the tests for
: ;.be. .provided in Federal Specifications T-R--601 for Manila Rope;
Bl.nal ". radae on, samples with the oil extracted from same.
,.nsg herelnmbove shall be construed to prohibit the manufacture and
SrI. l c..ab i le. t ~rna islon rope, lariat, yacht products (yacht lariat),
"hemp prbduicts heart ropes, or specially treated ropes (where treatment
: dis~ilors the fber permanently).
i (g) Special treatments and special constructions of cordage shall be limited
Sto.No. 1 and higher grades of Manila.
(h) Whei the Code Authority, with the approval of the Administrator, au-
,.i..,itbose the manufacture of any product or products, not specially provided for
Small members of this Division shall be provided with a copy of such


I"










up. a surcr Eau. WJWW 'V.- S & aasaatp & WS. taaan .M TrArammap amS W i 3.g jlt wj gnCIE
the effective date of this Code, manufacture or cause to be -
six (6) months after the effective date of this Code, sll or s for s ii
No. 1 or No. 2 Manila cordage and higher grades, or thirty (30) days aftrl
effective date, sell or offer for sale any wrapping twine, without. positive ide i .
cation of manufacturer and grade, in such manner as the Code Authority a,.i
determine, except as provided in Section 10. i
10. Distress mercthaese.-(a) No discontinued, obsolete or distress i.
chandise, shall be sold by any member of this Division, except upon approval ,i
by the Code Authority, which approval shall promptly be given unless them i.:
will result in unfair competition or otherwise not effectuate the purposes ,,
the Act, or as provided in Sections 8 and 9 of this Schedule, subject to review L
by the Administrator, and such merchandise shall be clearly marked "di:cow -l
tinued", "obsolete" or "distress" merchandise on-the invoice, order or otherr'
papers in connection therewith. All applications made hereunder to the C0ds ;:
Authority shall include a statement of the character of the goods involved and!
the reasons for the application.
11. Samples.-(a) No member of this Division shall give away free samples
of wrapping twine in excess of ten (10) pounds or give away free samples
of cordage longer than ten (10) feet, except for specimens to be used {s of..
tensile strength tests. ,.
12. General Trade Practioes.-The following constitute unfair methods e :
competition and are prohibited:
(a) No member of this Division shall procure, otherwise than by consent,
any information concerning the business of another manufacturer which is ;
properly regarded as a trade secret or confidential within its organizatios,
other than information relating to a violation of any provision of this Code..
(b) No member of this Division shall use or substitute any materisjal,.iI:
superior or inferior in quality, to that specified by the purchaser, or use or
substitute any material or method of manufacture not in accord with any"
applicable law, rule or regulation of any governmental authority.
(c) No member of this Division shall give, permit to be given, or indirectly
offer to give, anything of value for the purpose of influencing or rewarding ,
the action of any employee, agent or representative of another in relation to
the business of the employer of such employee, the principal of such agent.;
or the represented party without the knowledge of such employer, principals -
or party. Commercial bribery provisions shall not be construed to prohibh iti
free and general distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as hereinabove :!
defined.
(d) No member of this Division shall cancel in whole or in part or permit:
the cancellation in whole or in part of any contract of sale, except for a fair':
consideration, or pay or allow to any purchaser in connection with any sale,4;ii
any rebate, commission, credit, discount, adjustment or similar concession
other than as is permitted by the Code. .
(e) No member of this Division shall disseminate, publish or cireulaift
any false or misleading information relative to any product or price for a4fi1
product of any manufacturer or the credit standing or ability of any "# .
facturer thereof to perform any work or manufacture or produce any .rodu "
or to the conditions of employment among the employees of any manufatul: p
thereof.
(f) No member of this Division shall aid or abet any manufacturer in a
unfair practice.
(g) The violation of any provision of this Code shall be deemed man
method of competition.
13. Exports.-(a) No provision of this Code, relating to prices or terfi'-
selling, shipping or marketing, shall apply to export trade or sales or .
ments for export trade, but nothing in this Section shall be construed to in
trade between the United States and its territories or possessions, 'wthi'
meaning of the term "export trade".





i. "i. !ll
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SCHEDULE B"

: DiVIsroNw ro MANrUFAOTruER or BINDER TWINB
.FILU PRIO O SCHEDULES
i ::.,:i ; r'
t:; 1. Every member of this Division offering Binder Twine for sale shall file
r:with the Code Authority a schedule of prices and terms setting forth the grades
:: and lengths per pound, prices per pound, or the prices per bale of fifty (50) lbs.
:: gross: weight, quantity discounts, terms and date of payment, date and amount
of cash discount, and conditions of delivery; each such schedule shall set forth
i::.' only one price of such member for each length of twine covered therein [nd
the only lengths therein shall be, approximately five hundred (500) feet, five
;; -tmdred fifty (550) feet, six hundred (600) feet and six hundred fifty (650)
|::l feet to the pound. Such schedules shall represent the basis upon which Binder
:,'"Twine is to be sold by members when selling to retail dealers. Such schedule
s: shall also set forth full information as to all discounts allowed to purchasers.
i"lSuch schedule, when filed with the Code Authority, shall become effective on
ti! the date filed and shall remain in force until a new schedule is filed and becomes
,h' effective.
2 Copies of all schedules filed by manufacturers shall be open to examina-
t| ion, as the Administrator may determine, to parties in interest.
:, 3. The Code Authority, at such time and after such study as it may deem
4il proper, shall recommend to the Administrator the establishment of a definite
I:. quantity (bales) of binder twine, the purchase of which for a season's re-
-i. .ilbtrenent shall entitle the purchaser to a discount, from any individual man-
u:;::facturer, equal to the discount allowed by said manufacturer to jobbers. The
i dm' inistrator may approve, disapprove or modify the recommendations. Pend-
fii g such determination, each member shall file such discounts as he desires
ti: :j~7'ke applicable to any purchaser.
4. No manufacturer shall sell, or offer to sell, Binder Twine, directly or in-
lli!'-ireatly, upon any other conditions than specified in his schedule as filed, or
i i'::i:' y be.established under the provisions of Section 3 hereof, and no manu-
- i'aeturer shall modify the conditions of sale by any concessions, either di-
Bi::. ~etly or indirectly, made subsequent to any sale.
.. .. (271)


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