Code of fair competition for the importing trade as approved on July 20, 1934

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Title:
Code of fair competition for the importing trade as approved on July 20, 1934
Portion of title:
Importing trade
Physical Description:
p. 173-189 : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

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Subjects / Keywords:
Imports -- Law and legislation -- United States   ( lcsh )
Genre:
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1713-53."
General Note:
"Approved Code No. 487."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004930956
oclc - 645205592
System ID:
AA00008347:00001

Full Text



CoeNo 5 RgsryN.1735


NATIONAL RECOVERY ADMINISTRATION


CODE OF FAIR COMPETITION


FOR THE


IMPORTING TRADE


AS APPROVED ON JULY 20, 1934


WE DO OUR PAR!


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934



i.i ma lr by the Superintendent of Documents, Washblton, D.C. -- Price 5 centa


I j


Code No. 487


Registry No. 1713-53


I






















This publication is for sale by the Superintendent of Documents, Government
printingg Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
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Seattle, Wash.; 809 Federal Office Building.






Approved Code No. 487


ERRATA SHEET

CODE OF FAIR COMPETITION
FOR THE

IMPORTING TRADE


As Approved on July 20, 1934


Page 177, Paragraph III, Article II-Definitions: The word
"employer" should be b employee." Following this word, which is
printed in italics, a mistake was also made by the omission of the
letter e in the word employer ", which should be changed to
read employee."
Page 184, Section 1, line 4: The word "division" should be
" section."


1. S GOVERNMENT PRINTING OFFICE, 1984


Registry No. 1713-53


77862----1044-17- 34













































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Approved Code No. 487


CODE OF FAIR COMPETITION
FOR THE

IMPORTING TRADE

As Approved on July 20, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE IMPORTING TRADE
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 a Code of
Fair Competition for the Importing Trade and hearings having been
held thereon and the annexed report on said Code, containing find-
ings with respect thereto, having been made and directed to the
President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30,
1933, and otherwise; do hereby incorporate by reference said an-
nexed report and do find that said Code complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Code
of Fair Competition be and it is hereby approved.
HUGH S. JOHNSON
Administrator for Industrial Recovery.
Approval recommended:
ROBERT L. HOUSTON,
Division Administrator.
WASHINGTON, D.C.,
July 20, 1934.
75205--829-120---34--1 (173)












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
Sn : This is a report of the Hearing on the Code of Fair Competi-
tion for the Importing Trade, conducted in the Sun Room of the
Washington Hotel, April 7, 1934. The Code which is attached, was
presented by duly qualified and authorized representatives of the
Trade, complying with the statutory requirements, said to represent
75 per cent in number and 75 per cent in volume of sales of the Trade
which could be included in this Code.

THE TRADE
According to statistics furnished by members of the Importing
Trade, there are approximately 1100 establishments with aggregate
annual sales of approximately $760,000,000. The Trade employs
about 23,000 persons. The Code is defined to govern only those im-
porters who are not governed by any other approved Code of Fair
Competition, the above statistics referring only to importers who are
not now governed by other approved codes.

LABOR PROVISIONS

The Code provides for a work week of 40 hours with certain neces-
sary exceptions among which are: Porters, engineers, firemen, electri-
cians and outside installation and repair men are permitted to *ork
44 hours per week and watchmen are permitted to work 54 hours per
week. Provision is made whereby an employer may work an em-
ployee as many as 8 hours in excess of the hours mentioned above,
if time and one-third is paid for such additional hours per week.
The rates of pay, with certain exceptions for learners and junior
employees, are $15.00 per week of 40 hours in cities of over 500,000
population, or in the immediate vicinity thereof, and $14.00 per week
of 40 hours in all other places except in the South, which is defined to
read as prescribed, at $1.00 less than the rate otherwise applicable.
Part time employees and employees paid on piece rate basis shall
receive a minimum of 40 per hour irrespective of their method of
compensation, this being a slightly higher hourly minimum than is
provided for full time employees.

TRADE PRACTICE PROVISIONS

The Trade Practices proposed in Article VII of the Code are not
in any respect objectionable. Most of these Trade Practice Pro-
visions are similar to the Trade Practice Provisions contained in the
Code of Fair Competition for the Wholesaling or Distributing
(174)


:.x1





175


Trade. The provision prohibiting inaccurate labeling, branding and
packing of goods is designed particularly to protect both domestic
manufacturers and importers from any unfair advantage which
might be gained by the misleading appearance of imported goods.
CODE ADMINISTRATION

The General Importers Code Authority is authorized in Article
VI to take any necessary action on the request of any trade, group
or individual governed by this Code to represent them in the case
of actions filed against them under Title I, Section 3 (e) of the Act
by domestic manufacturers and others who desire protection from
Allegedly lower prices of imported products. This seems to be a
very desirable provision in that it will afford importers representa-
tion by a body which will be best able to gather and present the
necessary facts in support of the importers' position and may make
it possible to handle such cases with greater dispatch.
The Administration of the Code is organized in accordance with
commodity divisions.
FINDINGS

The Deputy Administrator in his final report to me on said Code
having found as herein set forth and on the basis of all the proceed-
ings in this matter;
I find that-
(a) Said Code is well designed to-promote the policies and pur-
poses of Title I of the National Industrial Recovery Act, including
removal of obstructions 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 among trade groups,
by inducing and maintaining united action of labor and management
under adequate governmental sanction and supervision, by elimi-
nating unfair competitive practices, by promoting the fullest possible
use of the present productive capacity of industries, by avoiding
undue restriction of production (except as may be temporarily re-
quired), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing
and relieving unemployment, by improving standards of labor, and
by otherwise rehabilitating industry.
(b) Said Trade normally employs not more than 50,000 employees
and it is not classified by me as a major industry.
(c) The Code as approved complies in all respects with the per-
tinent provisions of said Title of said Act, including without limita-
tion Subsection (a) of Section 3, Subsection (a) of Section 7 and
Subsection (b) of section 10 thereof; and that the applicant associa-
tion is a trade association truly representative of the aforesaid Trade;
and that said association imposes no inequitable restrictions on
admission to membership therein.
(d) The Code is not designed to and will not permit monopolies
or monopolistic practices.
(e) The Code is not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.






176

(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to the approval of this
Code.
For these reasons, the Code has been approved.
Respectfully,
HoGH S. JOHNSON,
Administrator.
JULY 20, 1934.












CODE OF FAIR COMPETITION FOR THE IMPORTING
TRADE

ARTICLE I-PURPOSES

SECTION 1. To effectuate the policies of Title I of the National In-
dustrial Recovery Act, this Code is established as a Code of Fair
Competition for the Importing Trade, and its provisions shall be
the standards of fair competition for such Trade and shall be binding
upon every member thereof.
SECTION 2. To afford the means of effective preparation and proper
presentation of all relevant import factors, with reference to the pos-
sible application of the special provisions governing imported prod-
ucts, contained in Title I, Section 3 (e) of the Act.
ARTICLE II-DEFINITIONS

Importer.-For the purposes of this Code, an Importer shall
be defined, but without limitation, as any individual, partnership,
corporation, association, or other form of enterprise, or any organized
division thereof, principally engaged in importing merchandise,
and/or principally engaged in the sale of imported merchandise to
manufacturers, wholesalers, retailers, and/or to institutional, com-
mercial, and/or industrial users; provided, however, that this Code
shall not govern the importation of merchandise which is solely for
the consumption of the Importer, and not for resale. Modifications
of, or extensions to this definition, or any part thereof, may be made
for specific divisions when embodied in any appropriate Supple-
mental Code, or when recommended by the appropriate Divisional
Code Authority and approved by the Administrator.
The Trade.-The term "Trade" is defined to be the business in
which Importers, as above defined, are engaged.
Employer.-The term employer as used herein, includes any-
one engaged in the Trade in any capacity receiving compensation
for his services, irrespective of the nature or method of payment of
such compensation.
Employer.-The term "Employer as used herein, includes any-
one by whom such employee is compensated or employed.
Ultimate Consume'r.-The term "Ultimate Consumer" as used
herein is defined as a purchaser for home and/or personal use, and
not for use or consumption in trade or business or by institutions.
Porter.-The term "Porter" as used herein is defined as an em-
loyee who, in addition to other maintenance duties, is responsible
for opening and closing the establishment by which he is employed.
President, Act, Administrator.-The terms "President", "Act ",
and "Administrator ", as used herein shall mean, respectively, the
(177)





178


President of the United States, Title I of the National Industrial
Recovery Act, and the Administrator for Industrial Recovery.
Population for the purposes of this Code shall be determined by
reference to the latest Federal Census.
ARTICLE III-HouRs
SECTION 1. Maximum Hours and Exceptions shall be as follows:
(A) No member of the Trade shall cause or permit any employee,
except an employee in an executive, supervisory, professional, or
personal secretarial capacity, who receives a salary or guaranteed
minimum of thirty-five dollars ($35.00) per week or more, and except
outside salesmen, to work more than forty (40) hours in any one
week, or to work more than six (6) days in any one week (or less, as
determined by the Code Authority of any specific Trade with the
approval of the Administrator), except as hereafter specified.
(B) No employee, except those exempted in paragraphs (A) and
(B) of this Section, shall be permitted to work more than eight (8)
hours in any one day, except that an extra hour's work may be
worked on any day if one hour be deducted from the normal working
hours of any other day of the same week.
(C) Porters, engineers, firemen, electricians, and outside installa-
tion and repair men, shall not be permitted to work in excess of
forty-four (44) hours nor more than six (6) days in any seven (7)
day period.
(D) Watchmen shall not be permitted to work more than nine (9)
hours in any one day, nor more than fifty-four (54) hours, nor more
than six (6) days in any seven (7) day period.
(E) An employer may work an employee such hours as may be
necessary in excess of the hours specified in (A), (B), (C), and (D)
of this Section, if time and one-third is paid for all such additional
hours per week, but in no case shall any employee, other than cable
clerks, shipping document clerks, and inside emergency repair men,
be permitted to work more than eight (8) hours per week in excess
of his regular hours specified above.
(F) Employers shall so arrange matters that the hours worked by
any employee in any one day shall be consecutive with the exception
of not more than one hour for lunch.
SECTION 2. Employment by Several Employers.-No employer
shall knowingly permit any employee to work for any time which,
when totaled with that already performed with another employer
or employers in this Trade, or in any other trade or industry,
exceeds the maximum permitted herein.
ARTICLE IV-WAGES
SECTION 1. No employee, irrespective of his method of compensa-
tion, shall be paid less than the following weekly wage:
(A) In cities of five hundred thousand (500,000) population or
over, or in the immediate trade area thereof, at the rate of fifteen
dollars ($15.00) per week of forty (40) hours.
(B) In places of less than five hundred thousand (500,000) popu-
lation, at the rate of fourteen dollars ($14.00) per week of forty
(40) hours.





179


Provided, however, that in the South the rate may be one dollar
($1.00) per week less than the rates specified above in this Section.
The term the South means the following states: Virginia, West
Virginia, Kentucky, Maryland, District of Columbia, Tennessee,
North Carolina, South Carolina, Georgia, Florida, Alabama, Mis-
sissippi, Arkansas, Louisiana, Oklahoma, and Texas.
(C) A part-time employee or one paid on an hourly basis, shall
be paid not less than forty cents (400) per hour. Any employee
working less than the regular full time hours per week shall be con-
sidered a part-time employee. Employers may establish a regular
full time week of less than the hours specified herein for all or
part of their employees; provided, however, that the minimum
weekly wages established herein shall not be reduced, notwithstand-
ing such reduction of regular full time weekly hours. Employees
paid on a piece-rate basis shall receive not less than forty cents
(400) per hour for each hour during which they ire at the service
of their employer, irrespective of the piece-rate basis of their
compensation.
(D) Junior employees between the ages of 16 and 18 years, in-
clusive, may for the first six months of their employment be paid
at the rate of two dollars ($2.00) less per week than the minimum
wage rate per week otherwise applicable to them; and learners over
18 years of age may, for a period of three months from the date of
their employment, be paid at the rate of one dollar ($1.00) less per
week than the minimum wage per week otherwise applicable to them.
The number of employees classified and compensated as juniors or
learners combined shall not exceed the ratio of one such employee to
every ten employees or fraction thereof.
(E) All wages due shall be paid not less than once per month in
lawful money or by negotiable check, payable on demand.
SECTION 2. No employee whose normal full time weekly hours as of
July 1, 1933, or the date of employment, whichever is later, are re-
duced by twenty per cent (20%) or less, shall have his or her full
time weekly earnings as of July 1, 1933, or the date of employment,
whichever is later, reduced. No employee whose normal full time
weekly hours as of July 1, 1933, or the date of employment, which-
ever is later, are reduced by more than twenty percent (20%), shall
have his or her full time weekly earnings as of July 1, 1933, or the
date of employment, whichever is later, reduced by more than ten
percent (10%).
ARTICLE V-GENERAL LABOR PROVISIONS
SECTION 1. Minimum Age Requirements.-No person under 16
years of age shall be employed in the Trade, nor anyone under 18
years of age, at operations hazardous in nature or detrimental to
health. The Code Authority shall submit to the Administrator a
list of such hazardous and unhealthful occupations not more than
thirty (30) days after such Code Authority is established and ap-
proved by the Administrator. In any state, an employer shall be
deemed to have complied with this provision, if he shall have on
file a certificate or permit duly issued by the Authority, in such
State, empowered to issue employment or age certificates or permits
showing that the employee is of the required age.
752050-829-120---34----2





180


SECTION 2. Employee Rights and Employers Duties.--
(A) Employees shall have the right to organize and bargain
collectively through representatives of their own choosing, and shall
be free from the interference, restraint, or coercion of employers
of labor, or their agents, in the designation of such representatives
or in self-organization or in other concerted activities for the pur-
pose of collective bargaining or other mutual aid or protection.:
(B) No employee and no one seeking employment shall be re-
quired as a condition of employment to join any company union or
to refrain from joining, organizing, or assisting a labor organization
of his own choosing; and
(C) Employers shall comply with the maximum hours of labor,
minimum rates of pay, and other conditions of employment, ap-
proved or prescribed by the President.
SECTION 3. Precedence of Federal and State Laws.-No provision
in this Code shall supersede any Federal or State Law which im-
poses on employers more stringent requirements as to age of em-
ployees, wages, hours of work, or as to safety, health, sanitary, or
general working conditions, or insurance, or fire protection, than are
imposed by this Code.
SECTION 4. Reclassification of Employees.-No employer shall
reclassify employees or duties of occupations performed or engage
in any other subterfuge, so as to defeat the purposes or provisions
of the Act or of this Code.
SECTION 5. Posting Code.-Each employer shall post in conspicu-
ous places accessible to all employees, full copies of the labor pro-
visions of this Code, together with such amendments and modifica-
tions as may hereafter be made. Every employer shall comply with,
the rules and regulations relative to the posting of provisions of
Codes of Fair Competition which may from time to time be pre-
scribed by the Administrator.
SECTION 6. Protection of Complainants.-No employee shall be
dismissed by reason of making a complaint or giving evidence in
respect to an alleged violation of this Code.
SECTION 7. Protection of Employees.-Every employer shall make
reasonable provisions for the safety and health of his employees at
the place and during the hours of their employment. Standards of
safety and health shall be submitted by the General Importers Code
Authority to the Administrator within three (3) months after the
effective date of this Code.

ARTICLE VI-CODES, AND THE ADMINISTRATION THEREOF

SECTION 1. General and Supplemental Codes.-
(A) To provide an effective procedure for the administration of
this Code and all Codes supplemental thereto, the Trade shall be
divided into commodity divisions, as hereinafter provided.
(B) Provisions governing importers in all commodity divisions
are included in this General Importers Code.
(C) Provisions governing importers in one or more, but not in
all commodity divisions, may be embodied in a supplemental code
for each division, after hearing before the Administrator and
approval thereof.







~oon ,:o2 Genraf Importers Code Authority.-
(A) The creation of a General Importers Code Authority to
Cooperate with the Administrator in the administration of the pro-
visions of this General Importers. Code, is hereby authorized, and
the creation of a Divisional Code Authority for each Division of
the Trade to cooperate with the Administrator in administering the
S provisions of its Supplemental Code, is hereby authorized.
(B) The General Importers Code Authority shall be divided into,
: but not limited to, three major Sections, representing 1. Crude and
semi-finished materials, 2. Food products, 3. Manufactured goods
ready for re-sale.
.(1) Each of the major Sections shall consist of not less than three
members, not more than one of whom shall be selected from each
qualified trade in that Section. The Administrator, in his discre-
tion, may appoint one or more additional members, without vote, to
represent the Administrator.
(2) Until such time as the General Importers Code Authority is
elected as herein provided, the Central N.R.A. Committee for Import
Trade Codes, which Committee has presented the Code on behalf of
the Trade, shall act as the General Importers Code Authority.
(C) The General Importers Code Authority shall have the follow-
ing duties and powers subject to such rules and regulations as may
from time to time be issued by the Administrator, in addition to the
other powers herein granted:
(1) To supervise and coordinate the administration of Supple-
mental Codes by the Divisional Code Authorities; to administer the
Code directly to members not having Divisional Code Authorities;
and to coordinate the administration between such members and Di-
visional Code Authorities having jurisdiction over other commodity
groups, in order to prevent conflicts of authority and to minimize
overlapping of powers.
(2) To hear all matters pertaining to the provisions of the Gen-
eral Importers Code which may be submitted to it by any Importer
or Divisional Code Authority; and to attempt to adjust and/or to
report the same with recommendations to the Administrator.
(3) To adopt by-laws and rules and regulations for its procedure
and for the administration of this Code; to elect officers, and to em-
ploy a staff as needed to exercise its functions.
(4) To require from Importers and from Divisional Code Au-
thorities such information and reports as are necessary to effectuate
the purposes of this Code, provided, however, except as otherwise
provided in the Act, or in this Code, all statistics, data, and infor-
mation filed or required in accordance with the provisions of this
Code shall be confidential, and handled by an impartial agency, and
the statistics, data, and information of one member shall not be re-
vealed to another member, including members of the General
Importers Code Authority; no such data or information shall be
published, except in combination with other similar data, and in
such manner as to avoid the disclosure of confidential information.
(5) To use such Trade Associations or other agencies as it deems
proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Code Author-
ity of its duties or responsibilities under this Code, and that such





182


Trade Associations and agencies shall at all times be subject to and
comply with the provisions hereof.
(6) To make investigations as to the functioning or observance
of any provisions of the General or Supplemental Codes; provided,
however, that the General Importers Code Authority shall not in-
vestigate, nor attempt to adjust complaints of violation of the labor
provisions of this Code, until so authorized by the Administrator.
(7) To appoint Trade Practice Committees which shall meet with
the Trade Practice Committees appointed under such other Codes
of Fair Competition as may be related to the import trades, for the
purpose of formulating fair trade practices to govern the relation-
ships between employers under this Code and such others, to the
end that such fair trade practices may be proposed to the Adminis-
trator as amendments to this Code and such other Codes.
(8) To elect a representative to serve on any Coordinating or Ad-
visory Committee which may subsequently be established for the
entire wholesale, retail, importing, exporting, and manufacturing
branches of any trade or industry, and to cooperate with such com-
mittee for the purpose of achieving uniform basic trade practice
provisions or with respect to any functions which may be delegated
to it by the Administrator.
(9) To take any necessary action on formal request of any trade,
group, or individual governed by this Code to protect them from
actions filed under Title I, Section 3 (e) of the Act, or to represent
them in any negotiations relevant to the Importing Trade, entered
into with any Department of the Government, or with domestic pro-
ducers, manufacturers or associations of the same, expenses incurred
thereby to be for account of the parties directly interested.
(10) To present to the Administrator reports and recommenda-
tions based on conditions in the Trade, which will tend to effectuate
the purposes of the Act, such recommendations upon approval of
the Administrator to become operative as a part of this Code; pro-
vided, however, that any Importer affected thereby, shall have the
right to be heard by the General Importers Code Authority and the
Administrator.
(11) To recommend to the Administrator any modification of this
Code, either on its own initiative, or on request by any branch of
the Trade.
(12) To establish from time to time as necessary, coordinating
committees to investigate matters arising between various Divisions
of the Trade, which committees may make recommendations to the
General Importers Code Authority, as a result of such investiga-
tion.
(13) To submit to the Code Authority members representing a
particular major Trade Section, as established in Sub-section (B)
of this Section, matters concerning Importers in such major Trade
Section, for investigation and recommendation to the General
Importers Code Authority as a whole.
(14) To exercise all general powers necessary to assist the Ad-
ministrator.
SECTION 3. Divisional Code Authorities.-Each Divisional Code
Authority shall consist of not less than three nor more than fifteen
members, selected by the members of the Division of the Trade for






183


which its Supplemental Code has been approved, in accordance
with a fair method to be provided in the Supplemental Code of
each Division.
(A) The Administrator, in his discretion, may appoint one or
more additional members, to any Divisional Code Authority, without
vote, to represent the Administrator.
(B) Each Divisional Code Authority shall have the following
duties or powers:
1. To administer for its own Division of the Trade its Supple-
mental Code and the General Code, subject to the supervision of
the General Importers Code Authority and the Administrator.
SFirst, with respect to the provisions of the General Code which
govern all Divisions of the Trade, each Divisional Code Authority
subject to the approval or request of the General Importers Code
Authority:
(1) Shall require from Importers in the Division which it repre-
sents such reports as are necessary to effectuate the purposes of the
General Importers Code; subject, however, to similar requirements
as to non-disclosure of confidential information as is provided in
Section 2 (C) (4) of this Article; and
(2) May upon its own initiative or complaint of any Importer
in such Division, make investigations as to the functioning and
observance of any provision of the General Importers Code and may
hear and attempt to adjust such complaints; provided, however, that
Divisional Code Authorities shall not investigate, nor attempt to
adjust complaints of violation of the labor provisions of this Code
until so authorized by the Administrator; and provided further, that
any Importer who may be affected by the action or handling of
matters pertaining to any provision of the General Importers Code
by his Divisional Code Authority, shall have the right to have such
matters submitted to and considered by the General Importers Code
Authority for its action as provided in Section 2 (C) of this Article.
Second. With respect to the specific provisions of the Supple-
mental Codes which govern one or more, but not all, Divisions of
the Trade, each Divisional Code Authority, subject to the approval
or consent of the Administrator;
(1) Shall require from Importers in its Division such reports as
are necessary to effectuate the purposes of its Supplemental Code;
subject, however, to similar requirements as to non-disclosure of con-
fidential information as is provided in Section 2 (C) (4) of this
Article; and
(2) May, upon its own initiative or complaint of any Importer in
such Division, make investigation as to the functioning and observ-
ance of any provision of its Supplemental Code, and may hear and
attempt to adjust such complaints; provided, however, that Divi-
sional Code Authorities shall not investigate nor attempt to adjust
complaints of violation of the labor provisions of this Code until so
authorized by the Administrator, and provided further,
(a) In the event that a Divisional Code Authority should report
any matter referred to in the Second part of the above paragraph
to the Administrator which affected any provision of the General
Importers Code, the Administrator may if he desires, refer such
matters to the General Importers Code Authority for handling as


I






184


if such matters had been directly submitted to the General Importers
Code Authority by such Divisional Code Authority, as provided in
the First"' part of the above paragraph.
SECTION 4. Qualification.-Any trade or group of trades may qual-
ify to elect a representative on the General Importers Code Authority
by submitting evidence of compliance with such minimum require-
ments as to number of members, number of employees, volume of
turnover, invested capital, or otherwise, as may be determined by
the Administrator.
SECTION 5. Elections.-Members of the General Importers Code
Authority shall be elected with regard for the major Sections estab-
lished in Section 2 (B) of this Article, and all members of the Trade
in each Division who assent to the terms and agree to bear their share
of the cost of administration of the General Importers Code and any
applicable Supplemental Codes thereto, shall have the right to vote
for the Code Authority members representing their respective major
Trade Sections.
(A) The Central N.R.A. Committee for Import Trade Codes shall
submit to the Administrator for approval a fair and equitable method
for choosing nominees, and for conducting such election.
(B) The General Importers Code Authority shall establish in its
By-Laws provisions relating to the terms of office of its members,
and election of successors to the General Importers Code Authority
or of any individual member thereof, whether to fill an unexpired
term or for a new term of office; provided, however, that such pro-
visions may be disapproved by the Administrator upon review.
SECTION 6. Adndnistrative Interpretations.-The Administrator
may from time to time, after consultation with the General Im-
porters Code Authority or with any Divisional Code Authority, or
on his own initiative, issue such administrative interpretations of the
various provisions of this Code, or of any of the Supplemental
Codes thereto, as are necessary to effectuate their purposes, and such
interpretations shall become operative as a part of this Code or
such Supplemental Codes.
SECTION 7. Non-Liability.-Nothing contained in this Code shall
constitute the members of the General Importers Code Authority or
Divisional Code Authorities partners for any purpose nor shall any
member of any of such Code Authorities (General or Divisional)
be liable in any manner to anyone for any act of any other member,
officer, agent or employee of any such Code Authorities nor shall
any member of any such Code Authorities, exercising reasonable
diligence in the conduct of his duties hereunder, be liable to anyone
for any action or omission to act under this Code, except for his
own willful malfeasance or nonfeasance.
SECTION 8. Undue Hardships Imposed by Codes.-Where the op-
eration of the provisions of this Code or any Supplemental Code
hereto, imposes an unusual or undue hardship, any Importer may
make application for relief to the Administrator who, after such
public notice and hearing as he may deem necessary, may grant
such exceptions to, or modifications of, the provisions of this Code
or of any Supplemental Code hereto, as the case might be, as may
be consistent with the Act.






185


SECTroN 9. Obligations of Trade Associations.-
(A) Each Trade Association directly or indirectly participating
in the selection or activities of the General Importers Code Au-
thority and/or Divisional Code Authorities or their agencies, shall:
(1) impose no inequitable restrictions on membership, and (2) sub-
mit to the Administrator true copies of its articles of association,
by-laws, regulations, and any amendments when made thereto, to-
gether with such other information as to membership, organization,
and activities as the Administrator may deem necessary to effectuate
the purposes of the Act.
(B) In order that the General Importers Code Authority and
Divisional Code Authorities and their Agencies shall at all times be
truly representative of the Import Trade, and in other respects com-
ply with the provisions of the Act, the Administrator may provide
such hearings as he may deem proper; and thereafter, if he shall find
that the General Importers Code Authority or any Divisional Code
Authority or any of their agencies is not truly representative or does
not in other respects comply with the provisions of the Act, may
require an appropriate modification in the method of selection of any
such Code Authority or Agency.
SECTION 10. Payment of Cost of Administration.-
(A) It being found necessary, in order to support the administra-
tion of this Code, and to maintain the standards of fair competition
established herein, and to effectuate the policy of the Act, the
General Importers Code Authority is authorized:
(1) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and shall be
held in trust for the purposes of this Code.
(2) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by Importers;
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all such Importers, and to that end, if
necessary, to institute legal proceedings therefore in its own name;
(B) Each Importer shall pay his or its equitable contribution to
the expenses of the maintenance of the General Importers Code
Authority, as hereinabove provided, and subject to rules and regula-
tions pertaining thereto issued by the Administrator. Only im-
porters complying with the Code and contributing to the expenses
of its administration as hereinabove provided, unless exempted by
Administrative Order from any obligation to pay such assessments,
shall be entitled to participate in the selection of members of the
General Importers Code Authority or to receive the benefits of any
of its voluntary activities or to make use of any emblem or insignia
of the National .Recovery Administration.
(C) The General Importers Code Authority shall neither incur
nor pay any obligation in excess of the amount thereof as estimated
in its approved budget, except upon approval of the Administrator;
and no subsequent budget shall contain any deficiency item for ex-





186


penditures in excess of prior budget estimates except those which
the Administrator shall have so approved.
(D) Divisional Code Authorities when established under supple-
mental codes shall have the powers set forth in subsections (A)
(B) and (C) of this Section, subject to the limitations contained
therein, in order to support the administration of their particular
Supplemental Codes, the General Code as applied to their specific
division of the Trade, and to effectuate the policy of the Act.
SECTION 11. Information for Government Agencies.-In addition
to the information required to be submitted to the General Im-
porters Code Authority and the Divisional Code Authorities or their
agencies, all or any of the persons subject to this Code shall furnish
such statistical information and reports as the Administrator may
deem necessary for the purposes recited in Title I, Sections 8 (a)
and 3 (e) of the Act, to such Federal and/or State Agencies as
the Administrator may designate; but nothing in this Code shall
relieve any person of any existing or future obligation to furnish
reports to Government Agencies. No individual report shall
be disclosed to any other Importer or any other party except to
such other governmental agencies as may be directed by the
Administrator.
SECTION 12. Review of Acts of Code Authorities.-If the Adminis-
trator shall determine that any action of a Code Authority (General
or Divisional) or any agency thereof may be unfair or unjust or
contrary to the public interest, the Administrator may require that
such action be suspended to afford an opportunity for investigation
of the merits of such action and further consideration by such Code
Authority or agency pending final action which shall not be effective
unless the Administrator approves or unless he shall fail to disap-
prove after thirty days' notice to him of intention to proceed with
such action in its original or modified form.
SECTION 13. Expense of Administration Members.-Salaries and
expenses of Administration Members of the General Importers Code
Authority and the Divisional Code Authorities shall not be imposed
upon, but may be assumed by the Trade in unusual cases warranting
such action.
SECTION 14. Industrial Relations Committee.-
(A) There shall be created for the General Importing Trade a
National Industrial Relations Committee, and for each division
thereof which obtains an approved Supplemental Code, a Divisional
Industrial Relations Committee, each such committee to be composed
of three (3) persons who shall be selected as follows:
(1) A representative of the employers to be appointed, in the case
of the National Industrial Relations Committee, by the General
Importers' Code Authority, and, in the case of each Divisional Indus-
trial Relations Committee, by the appropriate Divisional Code
Authority, which bodies are hereby specifically empowered to make
such appointments.
(2) A representative of the employees to be nominated by the
Labor Advisory Board of the National Recovery Administration and
appointed by the Administrator.
(3) An impartial chairman to be selected by the two (2) members
already appointed, or, in case they disagree, by the Administrator.





187


(B) Members of these committees shall hold office for six (6)
months from the date of their appointments, and re-appointments
shall be made or vacancies shall be filled in the same manner as
provided in Sub-section (A) of this section.
(C) Each Industrial Relations Committee shall have the duty
of dealing with complaints and disputes relating to labor, in ac-
cordance with rules and regulations issued by the Administrator.
They shall have all such general powers necessary to facilitate the
performance of said duty, as may be conferred upon them by and
under rules and regulations issued by the Administrator, and each
special powers as may be expressly conferred by the Administrator.
(D) Upon approval of the Administrator, local Industrial Rela-
tions Committees may be appointed under the General Importers
Code or any supplement thereof, in order to facilitate the investi-
gation and conciliation of complaints and disputes relating to labor.
Such local Industrial Relations Committees shall report all cases
handled by them to the appropriate National or Divisional Indus-
trial Relations Committees which may modify or reverse any action
taken by local Industrial -Relations Committees so reporting to
them. Local Industrial Relations Committees shall each consist of
three (3) members to be appointed in the same manner as provided
in Sub-section (A) of this section.
ARTICLE VII-UNFAIR TRADE PRACTICES

SecTIoN 1. Inaccurate Labelling.-No Importer shall brand, mark
or pack any goods in any manner which is intended to, or does,
deceive or mislead purchasers with respect to the brand, grade,
quality, quantity, origin, size, substance, character, nature, finish,
material, content, or preparation of such goods; nor shall any
Importer sell or offer for sale any imported merchandise labeled,
marked, stamped or branded in any manner which misleads or tends
to mislead the purchaser; nor shall any Importer knowingly imi-
tate, or sell or offer for sale any imported merchandise bearing a
device which shall imitate, a trademark, trade name, slogan, or any
other mark of identification of a product of domestic manufacture,
when such domestic marks, names or slogans have been in actual
use prior to their use in the case of imported goods, if such device
has the capacity to mislead a purchaser or prospective purchaser.
SEcrIow 2. Inaccurate Advertising.-No Importer shall publish
advertising (whether printed, radio, display, or of any other nature),
which is misleading or inaccurate in any material particular, nor
shall any member in any way misrepresent any goods (including, but
without limitation, their use, trade mark, grade, quality, quantity,
origin, size, substance, character, nature, finish, material content, or
preparation) or credit terms, values, policies, services, or the nature
or form of the business conducted.
SECTION 3. False Billing.-No Importer shall knowingly withhold
from or insert in any quotation or invoice, any statement which
makes it inaccurate in any material particular.
SErCTON 4. Commercil Bribery.-No Importer shall directly or
indirectly give or permit to be given, or offer to give, money or any-






188


thing of value to agents, employees, or representatives of customers
or prospective customers, with or without knowledge of their em-
ployers or principals, as an inducement to influence their employers
or principals, to purchase or contract to purchase from the makers
of such gift or offer, or to influence such employers or principals to
refrain from dealing or contracting to deal with competitors. This
Section shall not be construed to prohibit free and general distribu-
tion of articles commonly used for advertising except so far as such
articles are actually used for commercial bribery as herein defined.
SECTION 5. Interference with Anothe's Contracts.-No Importer
shall attempt to induce the breach of an existing contract between a
competitor and his customer or source of supply; nor shall any such
Importer interfere with or obstruct the performance of such con-
tractual duties or services.
SECTION 6. Rebates and Concessions.-No Importer shall permit
the payment or allowance of rebates, refunds, commissions, credits,
unearned or special discounts, whether in the form of money or
otherwise, or the extension to certain purchasers of special services
or privileges, not extended to all purchasers of the same class on
like terms and conditions.
SECTION 7. Giving of Prizes, Premiu ms, or Gifts.-No Importer
shall offer or give prizes, premiums, or gifts in connection with the
sale of products, or as an inducement thereto, by any scheme which
involves lottery, misrepresentation, or fraud.
SECTION 8. Defamation.-No Importer shall defame competitors
by falsely imputing to them dishonorable conduct, inability to per-
form contracts, questionable credit standing, or by other false rep-
resentations, or by the false disparagement of the grade or quality
of their goods.
SECTION 9. Threats of Litigation.-No Importer shall publish or
circularize threats of suits for infringement of patents or trade marks
or any other legal proceedings not in good faith, with the tendency
or effect of harassing competitors or intimidating their customers.
Failure to prosecute in due course shall be evidence that such threat
is unwarranted or unjustified.
SECTION 10. Espionage of Competitors.-No Importer shall secure,
or attempt to secure, confidential information from any source con-
cerning the business of a competitor by a false or misleading state-
ment or representation, by a false impersonation of one in authority,
by bribery, or by any other unfair method.
SECTION 11. Subterfuge.-It shall be an unfair trade practice for
any Importer to employ subterfuge, to avoid or attempt to avoid the
provisions of this Code, or any Supplemental Code hereto, or the
purposes and intent of the National Industrial Recovery Act, which
are to increase employment, provide better wages, promote fair
competitive methods, better business conditions, and promote the
public welfare.
SECTION 12. Other Unfair Trade Practices.-Subject to admin-
istrative approval after hearing there may be established, in any
Supplemental Code, trade practice rules covering such other sub-
jects as conditions in such specific Division may require. Any vio-
lation of these provisions shall be an unfair trade practice.






189


ARTICLE VIII-APPIOCATION OF CODE

SECTION 1. Any import trade, by majority vote of its members
may make application to the Administrator to operate under any
other approved Code of Fair Competition which covers its trade,
and upon approval of the Administrator shall become subject to
such other approved Code and shall no longer be governed by this
General Importers Code with respect to such of their activities as
shall be covered by the Code to which they shall be so transferred.
SECTION 2. Every Importer, except those who on the effective date
of this Code are governed, or hereafter become governed, as to all
or part of their activities, by any other Code of Fair Competition
under the administration of the National Recovery Adminis-
tration or the Agricultural Adjustment Administration, shall be
bound by all of the provisions of this General Importers Code
and by all of the provisions of each and every Supplemental Code
applicable to him, when such General Importers Code and/or such
Supplemental Code or Codes shall have been approved, with respect
to all of his activities which are not covered by another approved
code, except those Importers, who file with the Administrator appli-
cations for exemption to this Code or any portion thereof, which
after due consideration by the Administrator are sustained.

ARTICLE IX-MoDIFICATION

SECTION 1. This General Importers Code and the Supplemental
Codes hereto, and all provisions thereof, are expressly made subject
to the right of the President, in accordance with the provisions of
Sub-section (b) of Section 10 of the Act, from time to time to cancel
or modify any order, approval, license, rule or regulation issued
under Title I of said Act and specifically but without limitation, to
the right of the President to cancel or modify his approval of these
Codes or any conditions imposed by him upon his approval thereof.
SECTION 2. This General Importers Code and the Supplemental
Codes hereto, except as to provisions required by the Act, may be
modified on the basis of experience or changes in circumstances, such
modifications to be based upon application by Importers, the Gen-
eral Importers Code Authority or by any Divisional Code Authority
to the Administrator and such notice and hearing as he may pre-
scribe, and to become effective on approval of the Administrator.

ARTICLE X-MONOPOLIES, ETc.

No provision of this Code, nor of any Supplemental Codes hereto,
shall be so applied as to permit monopolies or monopolistic practices,
or to eliminate, oppress, or discriminate against small enterprises.
ARTICLE XI-EFFECTIVE DATE

This Code shall become effective on the tenth day after approval.
Approved Code No. 487.
Registry No. 1713-53.




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