Amendment to code of fair competition for the lumber and timber products industry as approved on July 16, 1934

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Material Information

Title:
Amendment to code of fair competition for the lumber and timber products industry as approved on July 16, 1934
Portion of title:
Lumber and timber products industry
Physical Description:
5 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:
Lumber trade -- United States   ( lcsh )
Forest products -- United States   ( lcsh )
Forestry law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 313-1-06."
General Note:
"Approved Code No. 9--Amendment No. 15."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004931577
oclc - 63654522
System ID:
AA00008262:00001

Full Text



I


I I
War emie by the Superintenldenl of Documents, Washington, D.C. Price 5 cents


Approved Code No. 9-4mendment No. 15


Registry No. 313--1-06


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE O F FAIR C O MPE TIT ION



LUMBER AND TIMBER

PRODUCTS INDUSTRY


AS APPROVED ON JULY IG, 1934


WE DO OUR PARTY


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


























Thi puliatin s fr alebythe Superintendent of Documents, Government
Printing Office, Washington, DCadb ititofcso h ueuo
Foreign and Domestic Commerce.
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Approved Code No. 9-Amnendment No. 15

AMENDMENT TO CODE OF FAIRI COMPETITION
FOR THE

LUMBER AND TIMBER PRODUCTS INDUSTRY

As Approved on July 16, 1934


ORDER

APrenorma AMEN'DMENT OF CODE OF FAIR COMPETITION FOR THIE
LUMBRER AND TIMBER PRODUCTS 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 an, amend-
mlent; to the Codle of Fair Competition for the Lumber and Timber
Products Industries, and an opportunity to be heard thereon having
been duly afforded to all interested parties and the annexed report
on said amendment, containing findings with respect thereto, having
been mlade and d~irected~ to the President:
NOW, THEREFORE, on behalf of the Pre~sident of thie United
States, I, Hugah S. Johnson, Administr~ator for Ilndustrial Recovery,
pursuant to authority vested inl me by Executive Orders of the Presi-
dent, including Executiv~e Order 6543-A~, danted December 30, 1933,
and otherwise, do hereby incorporate by reference, said annexed re-
port and do find that said amlendlment. and the Code as constituted
after being amended comply in all respects with the pertinent provi-
sions and wrill promote the policyI and purposes of said Title of said
Act, and do hereby order that. said amendment be 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, such approval and such amendment to take effect on the
date hereof, provided that such approval and such amendment may
be suspended or modified by thec Administrator upon good cause
shown to the Administrator byr any interested party w~ithin. fifteen
(15) days fromt the date hereof.
Hean S. JOHNSON,
Adm~inistrato~r for Ind~ustr~ial Recovery.
Approval recommended :
BBRnow W. Ma~nn.s7,
Divis~aion Admninistrator.
WBsmworow, D.C.,
July 16, 1934.
74218"---821-76---34 (1 1















The Pasmux-rsT
Th~e Wthite Ho9use.
SrIR: 1li1I.1ief the COde Of FRir Competition for the Lumber andl
Timber Products Industries, as aprnll -ed!t~~ by you on Aiuguslt 19, 1,3:3,
the Lumber Cotle Authority: has submlitted their amendm~ent No. '79,
which is included and attached.
IThis arme~ndmenlt m-akes certain. changes. in Airticle IX of the Co.de
w~hereb~fy when thle T7cde Authority determines.- or whenr the Adm~in-
istrator so determines on his ow~n initiative that an cemer~rgenc exists
in the industry, which endangers thle mnaintenance of the purpen-es~~
and pr'ovisions of the Code or of the Ac~t, thle Admctlinistrator may
thereupon dleclare such anl emergaency to exist, andc may determine
the reasonable cos~t of items classifiedl under the cCodle.
While a Public H-earing has not beenP: held, due to the fact that an
eergenc~~t lly exists and time does not permit, it should be noted that
thle provisil-n., of this amencinl-nt do not dleparlt from the policies
established and publishedl by the National Recovrery ALdmrinistration,
nor is the general purpose of ALrticle IXT4 (.hanlllr d. Thet public gen-
erally is informed of the conditions existing in. the lumber and timber
pr'odevII: industries thrunghll~l releases of the N.R.A., and the Lumlber
Code Aulthor~ity and its D~ivisional Adm'ininistr~ative A,.w~ncies. Al
thought th~e Or'b-r is effective inunellelliltely upIon appr.OvalI an ade-
qua~te saftenardl has been provided thr~ougrh publli--hine" a fift~eenI (15)
day Nlotice! of Oppor"ltunitY to be! Heard in connection ther~ewith by
any interested per~sons w-ho object to the provisions of the amenci-
nIllnlt. The amecndmnent may remain effective either in its present
formn or mnay be mlodifiedl as a re~.-!lt, of cob~j,ctions or sugg~-estions
suiniitrtedl withr supporting facts.
TIhe Deputy; Admini-t trator in his final rep~or~t to me on .-naid amlendi-
ment to said Code having found as herinlt~l set fourth an~d on thle IbaSis
of all the pr~ceed~ingsj in this matter:
I find that:
(a) The amendment to said- Code and thle Code as amndpl-ed are
well designedl to promote the policies and purposes of T'itle II of th~e
National Indus~tr~ial Recovery Alct .inlluling~ the removal of obstrue-
tions to the free ~flow~ of interstate and foreigni~r comml-erce which tendl
to diminish the amount thereof, and w Till provide for the generl~cIu
welfare by promoting~ the reorganization of indusltry~ for the p~urpo~se
of cooperativ-e action amonglll trade groups, by indu~c~ing andlr ma1in-
taining united action of labor an~d managemeclll~nt under as' nleqluate gov-
ernmental sanction and supe-'irviswn by chainiilatinel unfair com~pete-
tive practices, by prluntlingilb the fullk-.st possible utilization of the
present producrlttive capacity of industries, by avoiding undue restric-
tions of production (exleplt as may be temporarily rcquiredl), by
incrleasing the consumption of .indulstriall and agricultural products


REPORT TO THE PRESIDENT









through increasing purchasing, power,byrucn an reivg
unemployment, by imlprovmng standards of labor, and byoterwisev
rehabilitating industry.
(b) The Code as amended complies in all retsp~ects wit the perti-
nent provisions of said T'itle of said~ Act, includcing wiithoult limitat-
tionn Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 ther~eof.
(c) The Code empowfers th~e Code Authority to present the afore-
said amlendmlent on behalf of ther industry as a wiPhole.
(d) T'he. amendment and the Cod'e as amendfed are not dersigned
to and will not permit mionopolies or monopolistic practices.
(e) TPhe amlendmentlt and the Code as amendfed are not d~esigned to
and will not eliminate or oppress small enterprises and will not
operate to discrminutn~e against, them.
(f) Thoset engaged in other steps of thie economic process have not
beenl depr~ived of the right to be hearld.
For thcse: reasons, therefore, I havre appr~oved this amendment to
thle Codle.
Respectfully,
HEanrr~ S. JOHNcSON,
Admnl isiijt rator.
JULY 16, 1931.














AMIENDMIENT TO CODE OF FAIRi COMPETITION FORt
THE LUMBIIER AND TIMBER PRODU1LCTS INDUSTRY

AMLENDMNT NaO. 19

Anmend Article IXI by striking therefromn Sec~tions (a), (b), (c),
(d),(g),(i)and j),and substitute therefore thze following:
"(d SECTIO ()a). (1) Whenever the Code Authority determines
that an emergency exists in the Industries or in any division or
subdiv-ision of the Indus~itriejs, such as to render ineffectiv-e or to
seriously endanger the maintenance of the purposes and provisions
of this Code or of the Act, and the Code Authority certifies its con-
clusions based on such de~terminations to the Admlinistrator, or the
Administrator determines on his own initiative, that an emergency
exists as herein set forth, the Adminiistrator may thereupon declare
such an emergencyT to exist.
"'(2). Therellpon. upon application of the Code Afluthority, and
if he shall find that it is necessary to the manintenance of the pur-
poses and provisions of this Code or of the Act that reasonable
costs of items and c~lassifications of lumber anrd timlber products
and rules and regula7tions for the application thereof, be decter-
mined3 andl establl~~- hedb him? du-rring t-he period of tfhat. emeprgency,
the Admlinis;rtrator may determine or cause to be determined in ac-
ccrdalnre with such rules and reg~ulaltions as he mlay presrcribe, the
f.o.b. mill and/or deliv-er~ed reasnabnnle cost of any or all items and
classifications of lumber and timber products and rules and regula-
tions for the application thereof. ~Notice of sulch reasonable cost
and: such rules and .regulations, when determined as aforesaid. shall
be given to the industries in sulc~h reasonable manner as the Admin-
istrator may direct, p~ro~vid-ed~ that for any species such costs for the
respective grades and items shall be in reasonab-le proportion to
the market prices of such grades and items during a representative
period, provided further, that the reasonable cost of any item or
c~lasificantion of said products shall not be established unless and
until reaso~nable costs are at the s~ame time established for such
oth-ter itemrs or classifications of lumbl.er and timber products as are
sold or offered for sale, in competition therew-ith: Pr~ovidedl, fur-
ther, that in determlining said reasonable costs. the Admlinistrantor
shall make~ provisionrl for equitab~le differentials ~ithin specified
limiitatio~ns for products below acrceptedl standards of quality, such
as the products of some small mills or for the purpose of seciuring
the equitable application of suc~h reasonable coc-sts. and pr~ovided~
fu~rthler, that said reasonable costs shall be established with due
regard to the maintenlance of free comnpetitionr amngc,1 species, divi-
sions and sub~div-ision, and with the products of other industries
and other countries.
"(3) The-reafter, during the period of the emergaeny and until
the Ad2miistrator shanl have declared that said emergencyy has









ceased to exist, such reasonable costs and such rules and regulations
for the application thereof shall constitute th~e miinimum prices for
such items and classifications of lumiber and timber products for
whiich such costs and rules andc regulations hiave been determined
and no person subject to the jurisdiction of this Code shall sell or
offer to sell or otherwise dispose of any product of the indus~triesi for
which such reasonable costs and rules and regulations for the appli-
cation thereof have been determined as hereinabove set forth, at a
price less than such reasonable cost so established, or otherwise than
in accordance wTith such rules and regulations.
"~(4). During the period of the emnergencyv, any determ~inationn of
reasonable cost and any rules and regulations f~or the application
thereof, mlay upon application of the C'ode Authority o-r upon. the
~Administr~ator's own initiative, be revised fr~om timie to time: at rea-
sonable intervauls or suspendedrt as changes mn exrcumnstance~s or experi-
ence mnay indiente; nd, if the Codle Authority shall detterminiie anld
so certify to the Adlministrator that the appIlication of reasonable
costs and rules and r~egulations: applicable thereto result in injustice,
inequality, unjust disc~r~imilnatior n (, orunfairi competition within. the
lumber and timber p'rod-ucts indlustrieis, therelupon unless such- de-
termination shall have beeni arbitl~rar, enprl~ciious, or basedt upon no
substantial evidence, the said reasonable costs and rules andl regula-
tions applienb~le ther1eto shanll be for~thw~ith suspe;lt~ndled byr the Admin-
istrator, sajid suspension to be effective five (5) days after the filing
of said cer1tificate by the Code Authority.
"(:5). Noit IlaterI thanl D)Cecemer 1, 1934-, thep C'ode Authlority shall
submiit to~ th~e Admninistratr its I'recommellndatfions for sulch ameznd-
ments of the prov-isio.ns of this Ar!ticle as it deems necessaryS to
effectuate the lxurposes of the A~ct, and~ the Admini;tr~ator1 shall, -after
due notice and public: hearingr. review andl reconsider the p~ovisions
of thlis Ar~ticle andl the recommnendlations of thle Co~de Aulthor~ity)."
Renum-betr Se~ctionls (e), (f), andl (Ih to becomein sections (b), (c),
and (d)l, rtspectiv-ely, andl delete the first sentence of section (e).
App~rovedl C'ode No. Aiutlendinen No. 15.
Registry~ No. 313-1-06.




UNIVERSITY OF FLORIDA
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