i roved Code No. 441-Amendment No. 1
Registry No. 251-09
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
BIAS TAPE INDUSTRY
AS APPROVED ON FEBRUARY 4, 1935
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Approved Code No. 441-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
BIAS TAPE INDUSTRY
As Approved on February 4, 1935
APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE BIAS
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of amendments
to a Code of Fair Competition for the Bias Tape Industry, and a
hearing being duly held thereon and the annexed report on said
amendments, containing findings with respect thereto, having been
made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, does hereby incorporate by
reference said annexed report and does find that said amendments
and the Code as constituted after being amended complies in all
respects with the pertinent provisions and will promote the policy
and purposes of said Title of said Act, and does hereby order that
said amendments be and they are hereby approved, and that the
previous approval of said Code is hereby amended to include an
approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Admin.istrathve Offcer.
PRENTISS L. COONLEY,
WASHINGTON, D. C.,
February 4, 1935.
113794 --0 1573-21--35 (1
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on the amendments to the Code of Fair
Competition for the Bias Tape Industry. A notice of the hearing
on these amendments was published on October 31, 1934; and a
hearing was held on November 20, 1934. The amendments, which
are attached, were presented by duly qualified and authorized repre-
sentatives of the Industry, complying with statutory requirements,
and being the duly constituted Code Authority under the provisions
of the said Code for the said Industry.
These amendments provide for additional unfair trade practices
with regard to quality designations, mutuality of contracts, adver-
tising allowances, imitation of trade marks and other unfair trade
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendments to said Code having
found as herein set forth, and on the basis of all the proceedings
in this matter;
The National Industrial Recovery Board finds that:
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of the
National Industrial Recovery Act including the removal of obstruc-
tions to the free flow of interstate and foreign commerce which tend
to diminish the amount thereof, and will provide for the general
welfare by promoting the organization of industry for the purpose
of cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction of production (except as may be temporarily required), by
increasing the consumption of industrial and agricultural products
through increasing purchasing power, by reducing and relieving un-
employment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limita-
tion sub-section (a) of Section 3, Sub-section (a) of Section 7 and
Sub-section (b) of Section 10 thereof.
(c) The Code Authority is empowered to present the aforesaid
amendments on behalf of the Industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended are not designed
to and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(f) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
For these reasons these amendments have been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
FEBRUARY 4, 1935.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BIAS TAPE INDUSTRY
Article VIII, Section 11 is amended by the addition of:
No additional dating shall be allowed, except that goods shipped
from the 25th to the end of the month may be regarded for discount
purposes as having been shipped as of the 1st of the following
Article VIII is amended by the addition of the following new
13. Marking Bias Tape.-No member of the industry shall sell or
offer for sale any bias tape for household use, put up on cards, rolls,
or other packages or boxes, except in accordance with the following
(a) The cards, rolls, or other packages or boxes shall have affixed
thereto in a visible and conspicuous place a label or stamp specifying
(1) Length and yards contained thereon in said cards, rolls, pack-
ages or boxes.
(2) The quality or finish of the material in conformity with the
following table of designation:
72x6S, or Lower, Lawn
76x72 Fine Lawn
80x80 and Upward, Extra Fine Lawn
64x60 or Lower, Percale
68x72, and Upward, Fine Percale
76x72 or Lower, Nainsook Finish
88x80 Fine Nainsook
96x92, and Upward, Extra Fine Nainsook
(3) The folded width of the material in conformity with the
following width specifications:
a. Single fold:
1 2 3 4 5 6 7 8 9 10 11
S4/16 5/16 6/16 7/16 8/16 9/16 10/16 11/16 12/16 13/16 14/16,
15/16 16/16 or
b. Additional sizes must be marked or numbered on the basis of
y'" for each size number.
c. All single fold bias tape should be folded with a center openiigg
not exceeding -g" with the exception of bias tape made from mater
rial weighing 1 lb. per 5.35 yards or heavier.
d. For double fold bias tape the finished width shall be aot less
than 1/ of the width for single fold as set forth in the focegoing
table. All double fold bias tape shall be folded with a center open-
ing not exceeding A".
(b) The actual length of bias tape contained on the cards, rolls,
or other packages or boxes, shall not deviate from the length indi-
cated by the label or stamp affixed in accordance with Section 13,
Sub-section (a), (1) in excess of 2 percent.
14. Mercerization.-No member of the industry shall use the term
"Mercerized on any label or stamp affixed to any bias tape unless
such material has been put through the process of mercerization.
15. Color Fastness.-Statements to indicate fast color may be
applied only when the material after dyeing has passed a washing
test in accordance with the requirements for such tests as are or shall
be approved by the American Society For Testing Materials. The
Code Authority shall submit to the Administration within sixty days
from the date hereof a certificate showing that the standards to be
used by the industry under this provisions have received a certificate
of approval from the American Society For Testing Materials. Said
approved standards shall be forwarded by the Code Authority to
every member of the industry.
16. Mutuality of Contracts.-Members of the industry shall set
forth in all contracts the following:
(a) All contracts not for immediate delivery shall be in writing,
shall specify definite quantities, shall stipulate that the delivery spec-
ifications shall be distributed fairly and equitably throughout the
period of said contract, and said contract shall be duly executed by
(b) Nothing contained herein shall prevent the use of usual clauses
in contracts as to the effect of 'force majeure, acts of God, and simi-
lar events beyond the control of either party.
17. Samples.-No member of the industry shall give samples as
an integral part of a sale or as a means of making a specific sale.
18. Advertising Allowances.-No member of the industry shall
arrange for advertising allowances except in agreements entirely
separate and distinct from sales agreements.
No member of the industry shall make agreements for payment
of advertising unless such agreements shall definitely specify exactly
how much shall be paid and the method of payment by the giver of
the allowance, exactly what services shall be rendered by the recipi-
ent of the allowance, and the method of auditing the performance
which the allowance giver shall employ. Such agreements shall pro-
vide for submission of proof that such allowances are expended for
the purpose set forth in the agreement.
19. Substitution of Merchandise.-No member of the industry
shall ship or deliver products which do not conform with the samples
submitted, or with representations made prior to securing an order
and with the effect of deceiving or misleading thc purchaser.
No member of the industry shall sell an inferior product at a price
appropriate for such product with the understanding that a product
of superior quality selling at a higher price will be delivered. How-
ever, a seller acting in good faith and because of an actual unfore-
seen shortage of the product sold, may, in order to service the cus-
tomer, deliver a product of a quality superior to the product sold.
20. Imitation of Trade Marks, Etc.-No member of: tb
shall imitate or simulate another's "put-up", trade:ft i...
names, slogans, and other marks of identification, inchidi
and the dress of the goods, which is intended to or-does decei,
mislead the purchaser, or result in the commercial disadvaita
the owner of an already established "put-up ", trade mark,
names, slogans, and other marks of identification, including.
and the dress of the goods. : .r,:
21. False disparagement of Conpetitors.-No member of the i
try shall defame a competitor by falsely imputing dishonorable
duct, inability to perform contracts, questionable credit stand
by other false representation or by falsely disparaging the gradm
quality of his goods.
22. Use of Competitors Merchandise.-No member of the indu
shall by purchase or exchange acquire another manufacturer's
chandise from any customer or prospective customer for the pu
of substituting his own merchandise or influencing the sale of
chandise to such customer or prospective customer, provided
ever, it shall not be an unfair trade practice to acquire a sample
competitor's merchandise for the purpose of comparison or anal
23. Aiding or Abetting Another in the Use of Unfair Trade
tices.-No member of the industry shall wilfully aid or abet anoi
in any unfair trade practices.
Approved Code No. 441-Amendment No. 1.
Registry No. 251-09. UNIVERSITY OF FLORIDA
o IlUlIIIII 1ll3lll UIIIIl
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