NATIONAL RECOVERY ADMINISTRATION
AMENDMENT TO SUPPLEMENTARY
CODE OF FAIR COMPETITION
WIRE ROPE AND STRAND
(A Division of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)
AS APPROVED ON MAY 6, 1935
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Approved Code No. 84HI--Amendment No. 2
Registry No. 1151-03
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Approved Code No. 84H1-Amendment No. 2
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
WIRE ROPE AND STRAND MANUFACTURING
As Approved on May 6, 1935
APPROVING AMENDMENT OF SUPPLEMENTARY CODE OF FAIR COMPETI-
TION FOR THE WIRE ROPE AND STRAND M MANUFACTURING INDU ,STIY
A DIVISION OF THE FABRICATED METAL PROiDUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING INDUSTRY
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 the Supplementary Code of Fair Competition for the Wire Rope
and Strand Manufacturing Industry and a Notice of Opportunity
to be Heard having been duly given 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, dated September 27, 1934, and otherwise,
does hereby incorporate by reference said annexed report and does
find that said amendments and the Supplementary Code as consti-
tuted 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 does hereby order that said amendments be, and they
are hereby approved, and that the previous approval of said Supple-
mentary Code is hereby amended to include an approval of said
Supplementary Code in its ent irety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. H.ARRI ', Adini;fstrative Officer.
JOHN W. UPP,
Acting Division Administrator.
WASHINGTON, D. C.,
May 6, 1935.
134180--1844-10---35 ( 1
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on Amendments to the Supplementary Code
of Fair Competition for the Wire Rope and Strand Manufacturing
Industry, to incorporate provisions to constitute as unfair trade
practices the guarantee or protection in any form against advance
or decline in the market price of any products; to exclude the export
trade or sales on shipments for export trade from the provisions of
the Supplementary Code relating to prices or terms of selling, ship-
ping or marketing; to specifically empower the Supplementary Code
Authority to present Amendments on behalf of the Industry as a
whole; to provide for the payment of liquidated damages; to increase
the membership of the Supplementary Code Authority from sixteen
to seventeen members. These Amendments were proposed in accord-
ance with Article XI, Sections 2 and 3 of the Supplementary Code
as approved on May 24, 1934, and a Notice of Opportunity to be
Heard was published on March 25, 1935.
The Assistant Deputy Administrator in his final report to the
National Industrial Recovery Board on said Amendments to said
Supplementary Code having found as herein set forth and on the
basis of all proceedings in this matter:
The Amendment to Article VIII, Rule 12 covers the guarantee
against advance and decline in prices.
Finding: To prevent unfair competition, the trade practice of
guaranteeing a purchaser against advance or decline in prices is to
be considered unfair.
The Amendment to be new Article XI relates to Export Trade.
Finding: This Amendment by excluding Export Trade from the
provisions of the Supplementary Code relating to prices or terms
of selling, shipping or marketing, allows a better opportunity for
the free flow of foreign commerce. The competitive conditions of
the various consumer countries will be better overcome and a result-
ant increase in production may be expected.
The Amiendment to Article IX, Sections 2 and 3 authorizes the
Supplementary Code Authority to present Amendments on behalf
of the Industry as a whole.
Finding: Under the existing provisions in the Supplementary
Code, it is nmres-iary for Anmnilmiint to be submitted by a majority
of the members of the entire Industry. The A ndmdment will
simplify this procedure.
The Aiimeiilni'it to be identified as Article X provides for the
payment of liquidated damages.
Finding: Members of the Industry who so desire may enter into
an agreement among themselves for payment of liquidated damages.
This voluntary agreement will tend to promote the general welfare
of the Industry and will improve the standards of labor through
increased employment and protection of wage and hour provisions.
The Amendment of Article IV, Section 1, Paragraph 2, increases
the membership of the Supplementary Code from sixteen to seven-
Finding: This Amendment recognizes the need of further Indus-
try representation, and the Supplementary Code Authority will rep-
resent approximately ninety-five percent of the total production and
sales in the Industry.
(a) The Amendments will not change the fundamental economic
conditions of the Industry, will not obstruct any sound economic
practice in the Industry and will further the economic progress of
any manufacturer or member of the Wire Rope and Strand Manu-
(b) The Supplementary Code, as amended, complies in all re-
spects with the pertinent provisions of said Title of said Act, in-
cluding without limitation Subsection (a) of Section 3, Subsection
(a) of Section 7, and Subsection (b) of Section 10 thereof.
(c) The Supplementary Code provides that the aforesaid Amend-
ments may be presented by a majority by number of all members
of the Industry.
Finding: The total number of members in the Industry is twenty-
one (21). A vote of approval has been received from a majority of
(d) The Amendments and the Supplementary Code as amended
are not designed to and will not permit monopolies or monopolistic
practices and will not eliminate or oppress small enterprises or dis-
criminate against them.
Finding: The tendency towards any monopoly arising is not
anticipated. The Amendments were considered at a meeting of the
Supplementary Code Authority representing eighty percent by num-
ber of the members of the Industry. A Notice of Opportunity to
Be Heard was published and all members of the Industry have been
given a ballot on which they may vote on the proposed Amendments.
(e) Those engaged in other steps of the economic process have
not been deprived of the right to be heard prior to the approval of
Finding: No protests were received from other industries as a
result of publishing the Notice of Opportunity to be Heard.
For these reasons, therefore, these Amendments have been ap-
For the National Industrial Recovery Board:
W. A. HARRIMAN,
MAY 6, 1935.
AMENDMENT TO SUPPLEMENTARY CODE OF FAIR
COMPETITION FOR THE WIRE ROPE AND STRAND
A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING
AND METAL FINISHING AND ,METAL COATING INDUSTRY
Article IV, Section 1, Paragraph 2, to be amended as follows:
"There shall be constituted within the sixty-day period a Supple-
mentary Code Authority of seventeen members to be elected by the
members of the Industry at a meeting to be called by the temporary
Supplementary Code Authority upon ten (10) days' notice sent by
registered mail to all known members of the Industry, each member
of the Industry to have one vote and such member may vote either
in person or by proxy, a majority of votes so cast being necessary
Add the following Rule 12 to Article VIII: "Making or giving
to any purchaser of any product any guarantee or protection in
any form against advance or decline in the market price of such
Delete Sections 2 and 3 of Article IX and substitute therefore a
new Section 2 as follows: "This Supplementary Code, except as
to provisions required by the Act, may be modified or amended on
the basis of experience or changes in circumstances, such modifica-
tions or anwmmlmeints to be based upon application by the Supple-
mentary Code Authority or other representative group within the
Industry to the National Industrial Recovery Board and such Notice
and Hearing as it shall specify and to become effective and be a
part of this Supplementary Code on approval by the President
and/or the National Industrial Recovery Board."
Liquidated Damages to be added as new Article X: "Any mem-
ber of the Industry may tenter into an agreement with any other
imeimiber or members of the Industry providing for the payment of
liquidated damages by any party thereto upon violation by him
of any provision of the Supplementary Code, provided, however,
that such nar,.Tcrment shall become effective and binding on the
parties thereto only after the execution thereof shall have received
the consent of the National Industrial Recovery Board."
Export Trade-to be added as new Article XI, the succeeding
Articles to be renuimlbered accordingly: No provision of this Sup-
pIlencmetary Code relating to pricir or terms of selling, shipping or
marketing, shall apply to export trade or sales or shipments for
export trade. 'Exprt Trade' shall be as defiled in the Export
Trade Act as adopted April 10, 1918."
Appr'ov\'l (' Cod No. 84HI1-Amendment No. 2.
Registry No. 1151-03.
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