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Approved Code No. 9--Amendment No. 8
Registry No. 313--1-06
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
LUMBER AND TIMBER
AS APPROVED ON APRIL 13, 1934
; II ..
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1934
This publication is for sale by the Superintendent of Documents, Government
Printing Office ~Washingtop, iD.C., and by district ei~ees of the Bureau of
Foreign and Damestic Commerce.
DISTRICT OFFICES OF THIE DEPARTMENT OF COMMERCE
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Louisville, Ky.: 408 Federal Bunilding.
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Seattle, Wash.: 800 Federal Offlee Building.
Approvedl Code No. 9--Amendment No. 8
AMENDMENT TO CODE OF FAIR COMWPETITON'
LUMBER AND TIMBER PRtODUQCTS INDULSTRY~
As Approved on April 13, 1934
APRrovrwoI ARENDMIENTS TO) THE CODE OF FAIR CjOMPETITION FOR THE
LUMIBER AND TIMZBER PRODUCTS INDUSSTRY
An application having been dluly made pursuant to and in full
compliance with the provisions of Title I of the NaLtional Industrial
Recovery Act, approved June 16? 1933, for approval of Amendmlents
su bm i tted as Amiendments Nos. 7~, 10 (1), 11, 13, 14, 15 (2), 16, 17,
18, 19, 20, 21, 23, 24, 26 and 36 t~o the Codle of Fair Compettition for
the Lumber and Timlber Pr~oduct~s Indlustries, and hearings having
been duly held thereon and the annexedl r~epor~t on said amiendments,~
containing findings w~it~h respect thereto, having been made and
directed to the Presidlent:
NOW,. THEREFORE, onl behalf of the President of the United
States, I, Hugh S. Johnson, Admlinistrator for Industrial Recovery,
pursuant to authority vested in met by Executiv~e Orders of the
President, including Execuitive Order No-. 653-1-A, dated December
30, 1933, and otherwise; do hereby incorporate, by reference, said
annexed report and do find that said amendments and the Code as
constituted af't.er being amended complyl~ in all respects wT~ith the
pertinent provisions and will promote the policy and purposes of said
Title of said Act, and do hereby order that. said amendments be, and
they are hereby approvedl, andi thant t.he previous approval of said
Code is hereby modified to include anl approval of said Code in its
entirety as amended.
HUGH S. JoINSON,
Administrators fo~r Inzdustrial Recovler-y.
A. R. G LB war,
Division Ad min2istrator.,
A pril 13,19.
52901"---482-83-34 (1 11
REPORT TO THE PRESIDENT
The Wth ite Hmu~se.
SIR: Under the Clode of Fair Competition for the Lumber and
Timuber Products Ind~ustries, as approved by you on August 19, 1983,
the Lum~ber Code Authority has submitted Amendments Nos. 7, 10
(1), 11, 13, 14, 15, 16, 17i, 18, 19, 20, 21, 23, 241, 26, and 36, which are
includled andl attachedl.
This is a report on the Hearing on the foregoing Amnendments,
conducted in Wash~ington on January 22 and 23, 1934, in accordance
with the provisions of the National Industrial Recovery Act.
Amendments Nos. 7, 10 (1), 11, 13, 141, 15. 16, 17, 18, 19, 20, 21,
23, 24,: 26, and 36 include the correction of obvious typographical
errors andl the rephrasingr of several provisions in order to clarify
their intent andl to make their administration more effective. Insofar
as these aImendmnents incorporate substantive additions to the text,
t~he additions are the result of either original oversight. or of prac-
tical experience under the Code which has demonstrated their need.
However, in no instance aire new principles inlvolved.
The Depu'ty Administr~ator in his final report to me on said
amnendmnents 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 amiendments to said C~ode and the Code as amended are
w~ell dlesignned to promote the policies anld pulrposes' of Title I of the
National Inldustrial Recovery Act including the removal of obstrue-
tions to the free flow of interstate and foreign commerce which tend
to dimlinish 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 inducinar and miain-
tainingr unitedl action of labor and management un;Per adlequate
governmental sanction andl supervision, by eliminating unfair comi-
petitive practices, by promoting the fullest possible utilization of
the present productive enpacity of industries, by avoiding undue
restrictions 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
uinemnployment, by imp~roving standards of labor, andi by otherwise
rreh abili t at ing i nd ust ry.
(b) The C'ode as amnendled complies in all respects with the perti-
nent provisions of said -Title of said Alct, including without limii-
tation Subsection (a) of Sectio~n 3, Sub~sect~ion (a) of Section 7 and
Subsect~ion (b,) of Section 10 thereof.
(c) The Coeli empowers the Code Authority to present the afore-
said amrendlmentsi on behalf of the industry as a whole.
(d) TheP amnlnd mlents and the Codle as amended are not designed
to and w-ill not permit monopolies or monopolistic practices.
(e) The nmnendmnents and the Cod-e as nmnended are not designed
to and will not, eliminate or opprjless small1 enterprises and wliill not
operate to discriminate against themu.
(f) Those engaged in other steps of the economic process have
not been depriv-ed of the right. t~o be heardl prior to approval of said
For these reasons, therefore, I have approved these Amre~ndments
to the Codle.
Huanr S. Joarso~n, A~dministrattor.
APRms 13, 1934.
AMIENDMIENT TO CODE OF FAIR COMPETITION FOR THEI
LUML1BER AND TIMBER PRODUCTS INDUSTRY
AMENVDMENT NO. 7: In article II (a) strike out subsection number
(2) and insert the following: Sawn lumber and other sawn wood
products of sawfmills, and products of planing mills operated in con-
junction with sawmills."
AblENDoblENT NO. 10: In Article VII (d) : (1) Under the heading
"C Oak Flooring ", after the word "Appa'lachian "' add the following:
"L(includingr Ohio and Pennsyvlvania)"
~AlEN'DblENT NO. 11: In article VIII (c.) ('2) At the end of this
subsection add the following sentence: In the application of this
subsection. shipments may be used in lieu of production at the option
of a Div;is~ion or S~ubdivision."'
In Article VIII (e) After the words "' year~ly production insert
the following: or shipments."
AMrENDMIENT NYO. 13: In Article XVI (c) Crhange the phrase "' shall
be effective to readl i shall become: effective "
AMlENDMIENT NO. 14: In Schedule "A"' in the section headed 3.
"Appalachian and Sjouthern Hardwoodl Subdivision "! under the para-
graph headed Subdivisioni ", after the words yellow cypress and
Southern ", insert the following:" white (juniper) and ".
AlllENDMENTT NO. 15: In Schedlule "A"~' add the following new para-
graph at t~he. end of the section headed MaRhogany Subdivision ":
Control of productions. (impiorits) (A rticle 'III).-Qauotas of im-
ports or production established for the M~ahogany Subdivision, and
allotmlents thereof to eligible persons therein, in the discretion of
its Administrativ-e Agency and ~it~lh the. approval of the Lumber
Code Authority, may be for periods greater than three months and
may be based on shipmients, provided that no such person shall be
precluded thereby from imports or production sufficient to maintain
at the enid of any~ allotment period an inventory of logqs and lumber
equal in footage to the voluime of his; shinpment during t.he preceding
AR1ENDblENT NO. 16: In Schedule "A"i' add the following new
section at thie end of "5. Philippine M~ahogany Subdivision "':
"L(a) The Exec~utiv-e Committee of the Philippine Mlahogany Sub-
division is empowered, with the approval of the Authority and
within the limits of the total subdivision quota, to assign a mnaxi-
mium import allotment to each eligible person registered with the
Philippine Ma~hogany Subdiv~ision and subject to its jurisdiction.
The Subdivision quota and individual allotmients shall be made
for periods of six months and as provided in this Article.
"(b) Alny person complying with the labor and other provisions
of this Cod-e. applicable to this Subdivision, who br~ings Philippine
MaRhoganny or Philip~pine har~dwood into the United States fromt the
Philippine Islands in quantities sufficient to amount to wholesale
distribution for resale to wrholesalers. r~etailprs, or industrials as de-
fined in this Clode, shall be deemed an eligible personi for purposes
"(c) Any eligible person may obtain an aLllotment by making
application to the said Executive Committeee designatingr the Philip-
pine mill or mills from which he hias arranged to obtain his supplies.
Thle allotment to said eligible person shall be determined by the
60%~ of Subdivision Quota
nI;1 sipenti o US. 40%' of Subdivision. Quota
Total shipments to U.S. /'
DEFINITION OF TERMS
"' Mill C'apacity mleans the actulal capacity at the time of the
application for allotment. of tle Philippine mill or mills designated
byr an eligible person.
"' Total Capacit~y means t.he actuanl total capacity of all Philip-
pine mills designated by eligible persons.
"' M~ill shipments to U.S.' mean the average yearly shipment
to the United States froml the Philippine mill or mills designated
by eligible person, calculated upon any' three calendar years since
"' Totally shipments to U.S.' mean the average yearly shipments to
the United St~ates from all mills in t~he Philippine Islands, calculated
on calendar years since 1924.
i' In respect to mills which have not, been in operation for as much
as three calendar years since 19t24, t~he mill shipments to the United
SCtat~es ? hall be t~he yearly average of actual shipments.
In the case of logging operations in which the logs were! sold
and shipped as logs and not manufactured into lumber or timber
prodcllcts byr the logger t.he actual p~rodluction of such logs during
calendar year shall be considered the 'mill capacity 'of such operator.
"( d) If twno eligible persons d-esignate the same mill as their source
of supply the total shipments to the United States thlerefrom shall
not exceed t.he amount determined byr the application of the formula
prescribed in thlis article and the said person shall divide the said
total in such proportions as they are able to effect purchases fr~om
"L(e) If any eligible person to whoml an allotment ]has been made
advises thle Subdivision agency that he wcill not use all or part of
his allotment within the allotment period, or if in three months after
the date of the allotment any such person fail's to use a substi-
tute portion of his allotment, and fails to show to the satis-
faction of the Exe~cut~ive Committee that he has ordered shipment
of a substantial portion of his allotment the said Committee may,
after public hearing on all the facts and circumstances, and subject
i to the supervision of t~he: Authority, reduce t~he allotment of such per-
son for the balance of the existing qluota period by such amount as
Smay be fair and equitable in order to save to the Subdivision as a
wholle then privilegp of bringing into the United States the wrrhole of
the Subdivision quota. In thle event of such reduction of allotment
the amount thereof shiall be dlivided among other eligible persons in
proportion to their existing allotmen~ts upon application to the said
"(f) In dett.er~mininlg compliance with individual allotmlents, late
of loading on rshiphoard in the Philippine Islands for shipment to
the Uniitel fStates shall be deemed arrival of shipment in the United
"(g) No p~er~son su~bj~ect to the jurisdiction of this Subdivision
shall import products without an import allotment, or in excess of
such allotmllent, as h~erein providedd.!
.AllEN;DIEN'T No. 17. In Articl VIII (a) I-nsert after the words
" each three mo~tnths," the phrase except as hereinafter otherwise
In Schedule "(A", at the end of "' 7. Northern Hardwood Subdivi-
sion "', add thle following new section:
'" Control osf P'od~u~ction~.--Quot~as of production established for
the Northlern Hardwnoodc~ Subdivision and allotments thereof to eli-
gible p~ersons therein, in the discretion of the Administrative Agency
alndl with the approval of the Lumbler Code Acuthorit~y, mlay be for
perod grea~teri thasn three monthss"
AMIENDMENT iNO. 18: In Schedule "A"', at thle end of 9. North--
eastern Hardwood Subdivision ", add the following new section:
Control of PI lrodct ionz.-Q-uot as of prod auction est ablishled for
thEa Northleasternl Hai;rdwood SulxivisionI andi allotments thereof
to eligible pIer~sonls therein, in thle discretion of the Administrative
Agency and with thle approval of the Lumber Code Author~ity, may
be for periods greater than three mnoths."'
AMEND~MENhT No. 19: In1 Schedule "A"~, at th~e end of 10. Northern
Hemlocki ]Division "', adid the following new section:
"' ConPBtrol of' Pr~oductioz.--Qu ot as o f prod auction establ ished for
the Nfiorthern Hemllockr Division and allotmients thereof to eligible
personls therein, in th~e discretion of the Admiinistrative Agency and
wc~ith thle approval of th Lumber Codle Authority, may be for periods
greater than three mlonths.'"
AMrENDMENT O. 20: I1n Schledule "A"!, in the section headed
" 12. Redwroodc Div'ision "', insert after the words Santa. Cruz ", un-
der the heading "L Division~ t~he words "L Contra Costa."
AMIENDMIENT NTo. 21: In Schedule "A", at the end of "' 13. North-
eastern Softwood Divisionl "' addc the following new section:
"" Contrf~ol o~f Pr/odct~ionz.- Quota of production established for the
N1or~theasitern Softwood Division and allotments thereof to eligible
persons thlerein, inr the discr~etion of the Administrative Agency and
withl the approval of the L~umber Code Authority, mlay be for periods
greater thanQ three mlonths.3"
AMENDMENT N~O. 28: In Schedule "A", in section headed "L 19. Wesjt-
er~n Pine Division in thle: la line of the paragraph headed Divi-
sionl "" strke out the ~or~d "' and "~ and after thle wor~d WyT~oming "~
add "C and 1El Patlso? Country, ITexas."
AME'DM~ENT No. 24: In Schedule "A"`. in the section headed
"' 19. WVesterni Pine Division strike out the paragraph headed
"'ProdCIIts (Article Hla):f" anrd insert in lieu thereof the following:
"L P~oduICts (Article I).Allumber and timber products
enumterated except: shingles, woodwor~k, (millwork), including prod-
ucts; of planingr mills operatted in conjunction with retail lumber
yards, hardwrod flooring, veneer~s, plywood, kiln-dried hardwood di-
mension, sawved boxes, shook, crates and plywood, veneer and wire-
bound packages and containers. 1\foulding is included for the W~est-
ern Pine Divisionl."
AMIENDMIENT No. 26: In Schedlule "CA" in the section hleaded
"' 35. Alaple, Beech, a nd Bircrh Flooring Division3 in the last sentence
under the headings "Administrative A~gency strike out the word
" Sale and insert in lieu thereof the w~ord "( rules."
AMZENDM\ENT NO. ;36: In Schedlule~ "LA" Division number 31, en-
tit~led Red Cela~r Shingle Division ", under the paragraph entitled
"' Division "', substitute the following:
The Red Cedanr Shingle Division consists of' producers and ma~nu-
facturers of wrester~n red cedar singles in Wash~ington, Oregon and
Approved Code No. ES-Ame~ndment No. 8.
Registry No. 313-1-06.
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