Amendment to code of fair competition for the silk textile industry as approved on July 17, 1934

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Material Information

Title:
Amendment to code of fair competition for the silk textile industry as approved on July 17, 1934
Portion of title:
Silk textile industry
Physical Description:
9 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

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

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 263-01."
General Note:
"Approved Code No. 48--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 005043061
oclc - 63654364
System ID:
AA00007969:00001

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LMtN qP ,.D O. JULY IV. 1984
















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S" ORDER:

SAa 3flNT op OFr CODE or FAR COMPETITION FOR THE SaLK
T u: TEXTIE INTDuSTRY
hcatidn having been duly made pursuant to and in full
faivithl the provisions of Title I of the National Industrial
t approved June 16,1933, for approval of an amendment
of I P iLf bmipetition for' the Silk Textile Industry, and
having been duly held thereon and the annexed report on
.ea t, contaimng findings with respect thereto, having
and directed to the President:
T2. $OISOE, on behalf bf .th ;President of the United
t isg S.lJdhns~j Adminiistrator for Industrial Recovery,
giiaatto authority vested in me by Executive Order No. 6543-A,
Sbe SO, 1933, and otherwise do hereby incorporate, by
S*is:tid annexed report and do'find that said amendment and
ras instituted after, being amended comply in all respects
k .t tihe.it. provisions and will promote the policy and pur-
of' id' Title I of said Act, ahd do hereby order that said
SI ~ did it isg hereby approved, and that the previous
Ai: of d~d ode is hereby modified to. include an approval of
ode in it entirety as amended; provided that Article I, Section
aedA" s edin so far as it affects winders, warpers,
t~i'i .Antil sch date as the Code of Fair Competition
'Sie Froce;i anThduatry shall contain a similar provision,
t -urthir order; mld provided further that Article VI,
Sp e eployer failing to pay assessments as above required,
Sc tlted frm paying such assessment, shall participate
aeaton of the Members of the Code Authority or receive
of its voluntary activities or make any use of any N.R.A.
H HUGH S. JOHNsoN,
Atnini. ... rator for Industrial Recovery.
recommended:

SDivision AdmMa ato



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.tibbons and Ile fabrics. ** y,
12. An Amendment regarding false advetisig... I i:: :!
13. An Amendment providing~ 6r the -gistationi and i~ita
of productive machinery. .
14. An Amendment regarding the terms Q 6q4
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n ti Oddlavint fundd as hteilin Set forth and on
proceedings in this matter:
~da s t6 said Code and the Code as amended are
mote the policies and purposes of Title I of the
-. ecoery Act including the removal of obstruc-
I ree flow of interstate and foreign commerce which tend
:M th miiun&r:thereof, and will provide for the general
promotig the organization of industry for the purpose
ation iamong- trade groups, by inducing and main-
t~~ action o"f abor and management under adequate gov-
netioin aind supervision, by'eliminating unfair competi-
iby promoting the 1fiilst" possible utilizationn of the
Ativ cfapa ity of industries, by avoiding undue restric-
uttio' (eeept as may be temporarily required) by
e eiidtn0ption of industrial and agricultural products
sii .asgihg purnichasing power, by reducing and relieving
Improving the standards of labor, and by other-
So9Ei aaenided complies in all respects with the perti-
as 1 of'said Title of said Act, including without limitation
ii a)0of Section 3, Subsection (a) of Section 7, and
Sof Seei 10. thereof.
toi^ de empowers the Code Authority to present the afore-
i ijEMt ts do behalfbof the Industry as a whole.
Sid*:isddiens and the Code as amended are not designed to
iT ::t nitonopolies or monopolistic practices.
.h sialnndments and the Code as amended are not designed
int eliininaitor or press small enterprises and will not
Sistl Hixminaote ag iinst them.
'i igagid'in bother steps of the economic process have not
ii -t61f th: rtiht to be heard prior to approval of said
i el'nfNat t; si amendments have been approved.
... :n HUGH S. JOHNSON,
Administrator.
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MODIFICATION OF CO1?E -OF FAIR .OMWV KTIT

.Article 1, Section 5, is h~erfeby mne to re~aA as,
4i The -term, rdutvem inery "as usedl hertun.
looms,, winders, warpers, copper, or quillersdsiq
the spun silk industry, spootw-, conig,.IWllxin, tin
ig for the sewing thread. audoss idsr.
ArticlaeIII is hereby. .4weaded by addin aew 9 ieql"
6, to, read as flos
6.,". Outsidel Crelws "sudeto omanyacre,
uxand men doting work wn. ill prermiea int thfp capacityp
This clssification hl notice truck drivers,. lip
oxt~side crows. shall be limited to foKy (40) hour's, per*,yp
a, tolerance. of. 10'e Overtmime 4bov foty, (40I.opi
pai atthe ratOe -of iien nghird, Any eraerg My,
any establishment shllb rLotdmnhl hog
Fe-der nation of Texties; Inc.,. to' the Code : Authortylin Y hQa
prescrWIbe by it..
Article V, Section 1, 18 hereby ..amende o ed4eI l
'1. To effectuate further. the policiea of the Act' a depqnq
3aing. 'Committee, to: be k"own Ias- th[4% Codo Authiorit#yj,
desdgn~ated to cooperate, wit~h'the. Administrator as. a Pl044
Pair, 'Practice Ag;eny for the Industry. The Code 4
consist of fifteen representatives of the, Inutry (,r i'
number as may be suibsequently reconuspded by eCods u
and 4ppovd y tho Ad&Oinistrator) elected, by the'member
Associatio and such.Other employers as beor their.proo
cost of the administration of thsCd.This, Code A- -th ;it
be chosen, by. aar ehod: of selectionn, approved by the
tor, and shaill have.n addition not, more, than hre a pm
vote app-ointed by, the Adminixfratox. Su&h pgency m
to .time present to the AdminitAmtor. reconme]d ions,,,
conditions in the Industry as they may develop, which yij
effectuate the, operations of the, provisions, of this Gd
policy of the Act:' Such recomme;ndations, wheun appear l
Administrator, .shQllhave the same force and ef~ct as'any o
provisions of this Code.
Article VI, Section 4,, is hereby amended to read,,y Toitopvq
4. (A) In order to effectuate thie policy of the Act and'fo
tain the standards of fair competition established hereuuder,,,l_
Code Authority is authorized: e
(1) To incur such reasonable obligations out of funds which; 4l
be held in trust for the purposes of the Code and raised as hr
after provided-;0
Ssee paragraph 2 of order approving this Amnendment.















.*Wta 1.a.tl Qr semi-annual period as it may determine and
..ation of this Code to make such further assessments
,~hlen :essients as. ma& be found necessary upon ap.
j ititutt legal proceedings. to collect such assessments in
iiriliCe or ina such name as may be necessary to comply with
S~e of the court in which such proceedings are instituted.
El: employer shall pay, such assessments as hereinabove
l Jepployer failing to. pay .assessments as above required
in the selection of the Members of the Code Au-
,r receive the benefits of its voluntary activities or make
EEl tn z uy,. i l. A insignia.' C g
N.,IjLs hereby amended-, by the addition of a new section,
br, to read as follows:
::lt3all be the duty of the Code Authority for this Industry
4i a representatives to act on a joint committee with repre-
IM v l~ any other Code Authority of a related industry, having
pxovasiqns in its Code.of Fair Competition to consider
ergarded by.either Code Authority as of common concern
to the effectuation of the policies of the Act including
aW JO l ter. the. operation of a given concern comes
isn.dtiqn of one.or more of the respective Codes of Fair
pt on-._d to take such action as they may jointly agree to
paw.jia.6ubject to the approval of the Administrator.
i ~ i hereby amended to read as follows:
f. to members of the Industry such information and
a. .area required for the ,administration of the Code. In
to information required to be submitted to the Code Author-
nb a the Industry subject to this Code shall furnish such
E gniormation as. the Administrator may deem necessary for
ito pited, t Section: 3 (a) of the Act to such Federal
..S'ijs.;she may designate; provided that nothing in
Spl:ed |ibiwheve any member of the Industry of any existing
tiprf~aish reports to any Government agency. No in-
IU poi shall: be disclosed to any other member of the Indus-
4 i.i r.Ef. .arty except to such other Governmental agencies
I ..ata Lby the Administrator.
~p jiio shall afford to an impartial agency approved by the
a Y such employer access to the books, records and
irelaive to compliance .with the terms of this Code to the
C iby gthe Act and such rules and regulations as may be
byhe' Code Authority.
S a-: *. 2: of order approving tbis Amendment.
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A Arkilo V ,Section 4 nbtwyiabe4 jS~atik
SWM -2 (urwa ). The, Otandardwof" fuh-'Atitia fota-
try with~rmference to prisilgpractices ar' e I
(1) Wilfully destructiveWprice, eutaitg is at *-Usta* I
chtipetition and ig forbidden. Any any other -industry or, the eusbomers of either iiky- t uny,4
planto heCode Authovity that aySe re~osiaa
comapeition as destrictive prims cuttingiperio g knash
or tending toward ,monopoly or the imwpearweMit of -Odeh l
and 'working conditions. The Code Authority ghidt withiA
afford an opportunity' to the member filing the priiceto &and*4t
complaint-,and shall within 14^ days maike a. ralibg .orf j
thereon. If such ruling is not co-ncurred in by either pat
tomplaIn, tllp11 r shall be rofirmed to the R~eaech stidPt
Division of N.R.A. :which shal render- *:report:-andrtcominel
thereon to the Admninistrator-..- p
(2): When no declared emergency exists as Mi. iny givm
there is to be no fixed miinimum basis forI prices. It is
that, sound cost estimating: methods, should be, used-And i
sideration' should be given to costs, in the dete'rmin~ationw df
0:olces.,
(3) When, an emergency exists As to a ivon pro4q
beow th taeuininnmm price: of suchl produck, iin':vi
Section 2 (b) hereof,. is forbidden.
SctroN11 2 (b) D ,Evergeiwv Proiiond.-
(1), If the Administrator, after invest* atiohp n s atY "ati
find both (1) that an Iemnergency has skrisen withiti, thiB
adversely- affecting small'bnte-rprmss or *ages: -or" labbr i chidit,
or tending toward monopoly or other acute coditio wli*W
to defeat the purposes of the: Adt; andj(2) that th6
of the stated minimum price for a sp 0i 13 produ c t, withiif
dustry for a limited: period is'nece'say to'mitifgate the o,4 F
constituting such emergency aid toeiaetoate the purp8& 0 6O
Act, the Code Authority may cause an impartial, Ugency to
gate costs And to recommend to the Administrator a d&to
of the stated minimum price of the product. affected' by-thoe
agency and thereupon the Adminisftrtor may procedbto +4_$
such: stated minimum price.
:(2) When the Administrator &s9.ll have: dter minied- kth:d
mifffnium pricm for a spcified product'for-. a ,stat Pei eid
pice ahl beraoal aculated to; mitigato the'm 6&diha
such emfergency and to efetuate the 1puose of tht NdiiAR l i
trial Recovery Act, he shall publish suctih price. Thereahefld
such stated period,, no member of.1the Indusgtry shall sell such!
fled products: at a net realized price below said stated mininiditi
and any such sale shall be deemed destructive pieuttin.g
time to time, the Code Authority mayJ recownind teview Mr
ideraiione or the 'A'dministrator may cause any determdnti
under to be reviewed: or- considered and approptiutd I
ISECITION" q 0) 0,8t 'Find ing.,--The God4e Authoirity hall PAA



















go~iod are returned within ten days after their receipt.
A .t l VIrl, Section 4, is hereby amended to read as follows:
i-AJ i 4 wateS of ci.lais or returns of goods shall conform to
ans of this section, except as otherwise expressly pro-
B kia ti~ee XIin respect to any specific branch of the Industry.
Sallowfances onior returns of finished goods shall be permitted
a 1siployer unless: the claim has been made in writing within
Later receipt thereof, -provided, however, that claims based
not discernible by reasonable inspection at time of delivery
I gtMisalmde immediately, on.idiwovery, but, in no event, more than
bl tgi.1fte> reipt. :.
i'lo'.aPMllanees shall he made after such goods have been cut.
ri ela: ViW fl Section 6, is hereby amended to read as follows:
igUrgryenmpipoyer shall require confirmatory signed contracts, in
i : irm.pres.ribed by the Code Authority, with the approval of
i-.A41jiaistrator, for all sales and processing transactions, except
~l ~1 el spun. silk, sewing silk and thrown .silk transactions,
tchifhicentPreta shall be required only for transactions in excess
.. 9, l a^ny case which, requires that goods must be shipped
iwot;~i )t* kl rtceipb of a. confimatory signed contract, persons en-
Iied in the Industry must, on shipment of such merchandise, mail
pthe main office of the purchaser, a notice in the form:
Sl9t WMAa)1" WrIiE VOICE TOR ALL GOODS WHERE NO CONTRACT
Usn .. |"~ j I* 1SASBEE1I.iQGNED PRIOR TO SHIPMENT
.i^~i god., are shipp~edubject to the Code of Fair Competition of the Silk
x Ir*stjyi ~uMithey are delivered: to you in response to your telegraphic,
i ,or ,mait order. subject to the terms and conditions prescribed in the
Sales, Coitraet, :a.copy of which ,is printed on the back of this notice,
$ iiu t at'ta to alWbide by these conditions.do not accept these goods, as
lta' rten tion for a period of twenty-four hours is an agree-
l W ~n u ptark. t;. be bound by the terms of the Uniform Sales Contract.
,AA iee VIII is hereby amended by adding a new section, number

8Every employer engaged in selling Broad Goods, Hat Bands,
al Fabrics, Ribbons and Tie Fabrics shall observe the follow-
aipyntterms:
F bhi~ripme of dyed and finished merchandise shall be
PM of sMpment except that deliveries in the City of New
be~re of charges for trucking, freight or express. On:
e.'iOnt sales offices and stock rooms outside of New York

*1 Uber added to the invoice.
















Ine Loae aumtorny may, suojecu 1o ne approvIaT. o. .a.p
ministrator, issue definitions andtstandards for accuraf i~ef
and labeling of the various products of the Industry, w-~iih
approval of the. Administrator, shall be used by mallU iph i te
Article VIII is hereby amended by the addition of Iha ;sUe i
number 10, to read as follows: .
10. Every employer shall register with the Code Auidth6idtP.
its request, an inventory of his productive machinery in .-.oper tir
in place, in storage, or under contract, in such form as to id.et.i.
certification as may be required by said Committee. ; "
Two weeks after the effective date of this amendnient, ~; tl
player now engaged in the Industry shall install or oper miAt
productive machinery not operated in the Industry, or in oip^eni
condition at that time, except for the replacement of p: rUic|"h
machinery of substantially the same capacity, without fiast'r& i
ing from the Administrator a certificate that such instaltraite4lni
be consistent with effectuating the policy of the Industriaal fiaia.
ery Act, and no application shall be made or granted for an t.c
certificate without first submitting it to the Code Authority&W *Wl
recommendation. '
Nothing contained in this paragraph shall be contraed to pn 'et
the sale of existing machinery, heretofore in operation by jronzan*i
player to another, all such sales to be reported to the Code Authi&4
Article XI, Tie Fabrics, is hereby amended to read as folloWisap :
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TIM FABRICS .' '4: ..* *
6/10/60 e.o.m. on all goods sold to the men's neckwear tnrad
Anticipation at the rate of 6% per-annum. Interest shall be pai'
on deferred deliveries at the rate of 6% per annum. Not more bS
siaty days shall elapse between delivery of samples and delivety
merchandise. No order for sample lengths shall be taken'ngor.
lengths delivered or loaned without orders for goods ofp"t
livery. No extra dating shall be given on samples. No member o
Tie silk Industry shall ship merchandise on consignment or
randum except to his duly accredited agent.
Article XI, Thrown Yarns, is hereby amended to read as f

THROWN TARN
All transactions between buyer and seller shall be.0oon
signed contracts and subject to the following terms, only i,:
silk yarns and combination yarns containing silk; To, HIosiay
facturers, 1/10 e.o.m., net 60 days' trade acceptance froEi.
shipment; to Weavers, 10 days, 1% net 60 days' trade saoe

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Bts to retail furriers-In February, March, April, May, June
l..yhall bear maimum terms of either 6/10 October 1st or 5/10
1st. ...No optional terms to be given. Goods shipped in
Sand September shall bear maximum terms of 6/10 December
::Goods shipped in October, November, December and January
u.IIear maximum terms of 6/10/60.
i4ajts to wholesale furriers or fur coat lining jobbers in Feb-
March, April, May, June, July, August and September shall
i maxmum terms of 6/10/4 months. Goods shipped in October
:Wijpber, December and January shall bear maximum terms o

terms may be given on above shipments to wholesalers or
S:tt .lining jobbers.
;'::: hipments on memorandum, which are subsequently invoiced
ipi::srly, shall be billed as of the date of shipment on memorandum.
Sls::^ tender of return shall be accepted after thirty days of receipt of
tl handgise. No anticipation is to be allowed that will bring the
ltitai discount above 8 per cent.
!:'i:.rms and dating must appear on all invoices.
':ppiree d CoOe No. 48-Amendment No. 1.
.:.Regis.try No. e-41.

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