i: "Aproved Code No. 94 Amendment No. I
Registry No. 271-1-01
CODE OF FAIR COMPETITION
'- MEN'S GARTER, SUSPENDER AND
BELT MANUFACTURING INDUSTRY
AS APPROVED ON JANUARY 27, 1934
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WASHINGTON : 1934
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Approved Code No. 94-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
MEN'S GARTER, SUSPENDER, AND BELT
As Approved on January 27, 1934
APPROVING AMENDMENT TO CODE OF FAIR
MEN'S GARTER, SUSPENDER, AND BELT
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 an amend-
ment to a Code of Fair Competition for the Men's Garter, Sus-
pender, and Belt Manufacturing Industry, and hearings having been
uly held thereon and the annexed report on said amendment, con-
taining findings with respect thereto, having been made and directed
to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543--A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendment and the Code as
constituted after being amended comply in all respects with the
pertinent provisions and will promote the policy and purposes of
said Title of said Act, and do hereby order that said amendment be
36418--313-143-34 1 1
and it is hereby approved, and that the previous approval of said
Code is hereby modified to include an approval of said Code in
its entirety as amended.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
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A. D. WmarESDE,
January '7, 1934.
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The White House.
SIR: The Public Hearing on an amendment to the Code of Fair
Competition for the Men's Garter, Suspender, and Belt Manufactur-
ing Industry as proposed by the Code Authority for this Industry
was conducted on December 22, 1933 in Room D of the Washington
Hotel, Washington, D.C. Every person who requested an appear-
ance was fairly heard in public in accordance with the usual require-
ments. Present were authorized representatives of the Code Author-
ity for this Industry and representative members of the Industry.
The Code of Fair Competition for the Men's Garter, Suspender,
and Belt Manufacturing Industry, approved November 4, 1933, did
not contain any Trade Practice Provisions. Article V, Section 4 of
this Code provides that the Code Authority shall study provisions
relating to trade practices and make recommendations thereon to
the Administrator. Proposed Trade Practice Provisions were ac-
cordingly submitted by the Code Authority for approval, and formed
the entire subject matter of this amendment.
In final form this amendment has been approved by the Labor
Advisory Board, Industrial Advisory Board, Research and Planning
Division, and Legal Division of the National Recovery Administra-
tion. The Code Authority has indicated its approval of the Trade
Practice Provisions on behalf of the Industry.
The Deputy Administrator in his final report to me on said amend-
ment to said Code having found as herein set forth and on the basis
of all the proceedings in this matter:
I find that:
(a) The amendment 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 among trade groups, by inducing and main-
taining united action of labor and management under adequate
governmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, 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 Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendment on behalf of the industry as a whole.
(d) The amendment and the Code as amended are not designed
to and will not. permit monopolies or monopolistic practices.
(e) The amendment 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 said
For these reasons, these trade practice provisions have been
HUGH S. JOHNSON,
JANUARY 27, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION
MEN'S GARTER, SUSPENDER, AND BELT
ARTICLE IX-TRADE PRACTICES
The following practices are established as methods of fair compe-
tition for members of this industry and any violations of these shall
be constituting an unfair method of competition.
S 1. Customers shall be classified as follows:
(a) General wholesale dry goods, jobbers, including exporters.
SSpecialty wholesale houses handling principally neckwear,
belts, garters, suspenders, collar pins, and belt buckles.
S (c) Retail accounts purchasing direct from the manufacturer.
(d Mail-order houses.
f) Manufacturers' sales agents.
The Code Authority may from time to time modify, amplify,
and/or define the foregoing customer classifications subject to the
S right of review by the Administrator.
2. Any member of the Industry who markets any or all of his
products through sales agencies or commission men and who retains
title to such products, shall make it a condition that such sales
agencies or commission men agree to be bound by and comply with
all trade practice provisions of this Code to the same extent as applies
to and is required of a member of the Industry.
3. Terms of sale on all merchandise sold to various classes of
customers, as hereinbefore defined, shall not be greater than the
All customers in Class a), 2% ten days E.O.M., net sixty days.
All customers in Class (b), 2% ten days E.O.M., net sixty days.
All customers in Class (c), 2% ten days E.O.M.
All customers in Class (d), 2% ten days E.O.M.
All customers in Class (e), 2% ten days E.O.M.
Invoices rendered for goods shipped on and after the twenty-fifth
day of each month may bear the date of the first day in the following
month, but no other dating shall be allowed, except as hereinafter
4. Garter belts sold to Corset Departments may be sold on cash
and/or trade discounts not greater than eight percent (8%) ten
5. (A) No member of the industry shall give to any customer any
S trade discount, quantity discount, or any other discount, rebate, or
allowance, except as provided in Sections 3 and 4 hereof. The pro-
visions of this section shall not be construed to prohibit price differ-
entials by any member of the industry between customers.
(B) No member of the industry shall give to any customer any
rebate or allowance of any kind on any merchandise because of a
decline in price after shipment has been made.
6. (A) "Holiday Goods" may be shipped to customers in Class\
(C), as hereinbefore defined, at the manufacturer's convenience and
not more than thirty (30) days' dating given, provided that such
extra dating shall not make the discount date fall later than Janu-
ary 10 of the following year; anticipation may be allowed at a rate
not to exceed one half of one percent monthly, but such dating and
anticipation shall be confined exclusively to "Holiday Goods."
(B) "Holiday Goods" may be shipped to customers in Classes
(a), (b), (d), and (e), as hereinbefore defined, at the manufacturer's
convenience and not more than sixty (60) days' dating given, pro-
vided that such extra dating shall not make the discount date fall
later than January 10 of the following year; anticipation may be
allowed at a rate not to exceed one half of one percent monthly, but
such dating and anticipation shall be confined exclusively to Holi-
The term "Holiday Goods", as used herein above, is defined to
include any merchandise specially packed for the Christmas trade
and intended to be sold for Christmas gifts, and having special con-
tainers or other designation appropriate to Christmas. All other
merchandise is definitely excluded from the special terms provided
in Section 6.
7. No member of the Industry shall give, permit to be given, or
directly offer to give anything of value for the purpose of influenc-
ing or rewarding the action of any employee, agent, or representative
of another in relation to the business of the employer of such em-
ployee, the principal of such agent, or the represented party with-
out the knowledge of such employer, principal, or party. Commer-
cial bribery provisions shall not be construed to prohibit a general
distribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
8. No member of the Industry shall accept the return of any arti-
cle for credit or exchange which is subject to the provisions of the
Code, except on account of defects in manufacture; provided, how-
ever, that articles returned on account of errors in shipment, delay
in delivery, or failure to conform to specifications may be accepted
if returned within ten (10) days from date of receipt by the
9. No merchandise shall be shipped on consignment, memoranda,
or guaranteed sale.
10. No member of the Industry shall sell any article, subject to the
provisions of this Code, at a price below his individual cost. How-
ever, any member may meet the price competition of any competitor
whose cost under this Code is lower. Cost for the purposes of this
provision shall be determined in accordance with the uniform cost
and accounting system provided for in Article V, Section 2, subsec-
tion (i) hereof when such system is recommended by the Code Au-
thority and approved by the Administrator.
11. The sale and/or delivery of distressed merchandise, discontin-
ued styles, salesmen's samples, seconds, and faulty or defective mer-
:chandise falling below the manufacturer's standard for regular goods,
and all similar merchandise, shall be confined to two periods during
the year, viz, one period from December 16 to January 31 and another
period from July 5 to August 5 of each year, provided, however, that
upon application to the Code Authority a Member of the Industry
may upon proper showing obtain permission to dispose of merchan-
dise covered by this provision at other periods than those herein pro-
vided, and upon such reasonable terms and conditions as the Code
Authority may impose. Merchandise sold in accordance with this
provision shall be exempt from the provisions of Section 10. Any
action taken by the Code Authority under this provision shall be
subject to review by the Administrator.
12. No member of the Industry shall make, directly or indirectly,
any advertising allowance to any customer.
13. No extra discount shall be allowed on merchandise supplied
to wholesale merchants for use as samples. Equipment rolls and
folders may be supplied to wholesale merchants by manufacturers
at a price of not less than the cost to the manufacturer.
14. No member of the industry shall brand or mark or pack any
goods in any manner which is intended to or does deceive or mislead
purchasers with respect to the brand, grade, quality, quantity, origin,
size, substance, character, nature, finish, material content, or
preparation of such goods.
15. No member of the Industry shall by purchase or exchange, or
in any other manner acquire another manufacturer's merchandise
from any customer, for the purpose of affecting or in any manner
influencing the sale of merchandise to such customer.
Approved Code No. 94-Amendment No. 1.
Registry No. 271-1-01.
3 1262 084 28341 .