5. Ne. 82-Ameudmeut No. 3 Re~isiry 'No.- I- 1O6.-^O1
r> NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
a :, IFOR THE
STEEL CASTING INDUSTRY
AS APPROVED ON OCTOBER 2, 1934
WE DO OUR PART
GOVERNMENT PRINTING OFFICE
bp the Superinteadent of Deumenta, Wauin n, D. C. Price 5 cent
Rwtis ry No. 1106-1-401
io. No. 82--Amendment No. 3
This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMRRBC
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
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Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
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Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
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Jacksonville, Fla.: Chamber of Commerce Building.
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Louisville, Ky.: 408 Federal Building.
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Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 82-Amendment No. 3
AMENDMENT TO CODE OF FAIR COMPETITION
STEEL CASTING INDUSTRY
As Approved on October 2, 1934
APPRovING AMENDMENT TO THE CODE OF FAIR COMPETITION FOR THE
STEEL CASTING INDUSTRY
An application having been duly made, pursuant to and in full
compliance with the provisions of Title I of the National Indus-
trial Recovery Act, approved June 16, 1933, for approval of amend-
ment to the Code of Fair Competition for the Steel Casting Indus-
try, and notice of opportunity to be heard having been afforded all
interested parties, 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, the National Industrial Recovery Board, pursuant to author-
ity vested in it by Executive Orders of the President, and other-
wise; does hereby incorporate, by reference, said annexed report
and does find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and does 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 ten
(10) days from the date hereof, unless good cause to the contrary
is shown to the National Industrial Recovery Board before that
time and it issues a subsequent order to that effect.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By G. A. LYNCH, Administrative Officer.
BARToN W. MURRAY,
WASHINGTON, D. C.,
October 2, 1934.
REPORT TO THE PRESIDENT
The White House.
Sin: This is a report on an amendment to the Code of Fair Com-
petition for the Steel Casting Industry. The opportunity to be
heard has been noticed to all interested parties in accordance with
the provisions of the National Industrial Recovery Act.
The Code is amended to add a schedule of unfair trade practices
and a clause on export sales with reference to the Manganese Steel
The Assistant Deputy Administrator in his final report to us on
said amendment to said Code having found as herein set forth and
on the basis of all the proceedings in this matter:
We 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue restric-
tion of production (except as may be temporarily required), by in-
creasing the consumption of industrial and agricultural products
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 sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(d) 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.
(e) 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, therefore, we have approved this amendment.
NATIONAL INDL NDUSTRAL RECOVEY BOARD,
By G. A. LYNca, Administrative Officer.
OCTOBER 2, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE STEEL CASTING INDUSTRY
Amend Article III, Section 1, to read as follows:
"Articles I to XII inclusive of this Code shall apply to the
Industry; in view, however, of the divergent producing and selling
methods applying to the three main groups of castings, namely,
Miscellaneous Castings, Specialties, and Manganese Steel Castings,
separate provisions are set forth covering the Unfair Trade Practices
of each group."
Amend the first paragraph of Schedule D to read as follows:
"This Schedule relates solely to the production and/or sales of
Miscellaneous Castings and has no application to Specialties, Draft
Gears or Manganese Steel Castings."
Amend the first paragraph of Schedule E to read as follows:
This Schedule relates solely to the production and/or sale of
Specialties and has no application to Miscellaneous Castings, Draft
Gears or Manganese Steel Castings."
Add the following new Schedule which will be known as
This Schedule relates solely to the production and sale of Man-
ganese Steel Castings" and has no application to Miscellaneous
Castings, Specialties or Draft Gears. The producers of such prod-
ucts collectively are known as The Manganese Group." The acts
described in this Schedule shall constitute unfair practices. Any
member of the Manganese Group who shall directly or indirectly,
through any officer, agent or representative use, employ, or permit
to be employed any of such unfair practices, shall be guilty of a
violation of this Code.
SECTION 1. No member of the Manganese Group shall give, permit
to be given, or directly offer to give, anything of value for the purpose
of influencing or rewarding the action of any employee, agent or
representative of another in relation to the business of the employer
of such employee, the principal of such agent or the represented
party, without the knowledge of such employer principal or party.
This provision shall not be construed to prohibit free and general
distribution of articles commonly used for advertising except so far
as such articles are actually used for commercial bribery as herein-
SECTION 2. To purchase from customers any commodity and/or
services at prices in excess of the prevailing market price for such
commodity and/or services for the purpose of influencing or inducing
the purchase of manganese steel castings.
SECTION 3. To render fictitious invoices and to use other than actual
shipping weights as a basis for billing except for products specifi-
cally classified by the Administrative Agency of the Manganese
Group, subject to the approval of the Administrator.
SECTION 4. To render unusual service to any purchaser of any
product in connection with the sale of such product, unless fair com-
pensation for such service shall be paid by such purchaser.
SECTION 5. To make or give to any purchaser of any product
any guarantee against decline in the market price of such product.
SECTION 6. Date a sales invoice later than the date of mailing of
said invoice or later than the third day following the date of ship-
ment of the castings included in such invoice.
SECTION 7. To make any sale or contract of sale of any product
under any description which does not properly describe such prod-
uct in terms customarily used in the Industry.
SECTION 8. No member of the Manganese Group shall secretly
directly offer or make any payment or allowance of a rebate, re-
fund, commission, credit, unearned discount or excess allowance,
'whether in the form of money or otherwise, nor shall a member of
the Manganese Group secretly offer or extend to any customer any
special service or privilege not extended to all customers of the same
class, for the purpose of influencing a sale.
SECTION 9. To enter into quantity contracts with buyers without
obligation on their part to take delivery of the quantities specified
in the contract or on the quotation, for the purpose of giving unwar-
SECTION 10. No member of the Industry shall defame a competi-
tor by falsely imputing to him dishonorable conduct, inability to
perform contracts, questionable credit standing, or by other false
representation, or by falsely disparaging the grade or quality of his
SECTION 11. To ship products on consignment to consumers for
their use and/or re-sale.
SSECTION 12. TO allow terms of payment more favorable to the cus-
tomer than net payment within 30 days after the month in which
the castings are shipped, subject to discounts for prompt payment
as follows: In the case of castings shipped by water from the plant
of a member of the Industry from or through any Atlantic Coast or
Gulf Port to any Pacific Coast Port, or through a Pacific Coast Port
to a place of delivery in the State of California or the State of Ore-
gon or the State of Washington, or to a place of delivery in the Cazial
Zone or to an Alaskan Port, or to any of the Insular Possessions of
the United States, the maximum rates of discount for early payment
shall be 1/ of 1% of the invoiced value of such castings, if the invoice
of such castings shall be paid within 30 days from the date of such
invoice; in all other cases 1/2 of 1% on such invoiced value, if the
invoice of such castings shall be paid within 10 days from the date
of such invoice; provided, however, in the latter cases that any mem-
ber of the Industry may allow such discount of of 1% for pay-
ment within 10 days on the basis of settlements twice in each month,
(a) On invoices dated from the 1st to the 15th, inclusive, of any
month, such discount may be allowed on payment of such invoices
on or before the 25th of such month;
(b) On invoices dated from the 16th to the end of any month,
such discount may be allowed on payment of such invoices on or
before the 10th of the next following month.
t Nothing in this Section, however, shall be deemed to apply to any
sale or contract for the sale of any castings to the Government of
the United States or to any agency thereof in any case in which such
Government or Agency shall, pursuant to law, impose terms of pay-
ment other than those prescribed in this Section; provided, however,
that in any such case none of the members of the Industry shall al-
low to such Government or any Agency thereof terms of payment
more favorable than those which shall be prescribed by such Govern-
ment or Agency pursuant to law.
Add the following new Schedule to be known as Schedule H:
SCHEDULE H-SALES FOR EXPORT
This Schedule relates solely to the production and/or sale of Man-
ganese Steel Castings and has no application to Miscellaneous Cast-
ings, Specialties or Draft Gears.
No provision of this Code relating to prices or terms of selling,
shipping or marketing, shall apply to export trade or sales or ship-
ment for export trade. Export Trade" shall be as defined in the
Export Act adopted April 10, 1918.
Approved Code No. 82-Amendment No. 3.
Registry No. 1106-1-01.
UNIVERSITY OF FLORIDA
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