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UNIVERSITY OF FLORIDA
3 1262 08lll82 9604iU ll l
3 1262 08482 9604
endment No. 1
Registry No. 1042-1-02
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
FLOOR AND WALL CLAY TILE
AS APPROVED ON APRIL 28, 1934
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Approved Code No. 92-Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
FLOOR AND WALL CLAY TILE MANUFACTURING
As Approved on April 28, 1934
APPROVING AMENDMENTS TO CODE OF FAIR COMPETITION FOR THE
FLOOR AND WALL CLAY TILE MANUFACTURING 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 a Code of Fair Competition for the Floor and Wall Clay Tile
Manufacturing Industry, and hearings having been duly held
thereon and the annexed report on said amendments containing find-
ings with respect thereto, having been made and directed to the
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 amendments and the Code as
constituted 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 do hereby order that said amendments
be and they are 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.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
A. R. GLANCY,
April 28, 1934.
REPORT TO THE PRESIDENT
The White House.
SIR: This is a report on amendments to the Code of Fair Com-
petition for the Floor and Wall Clay Tile Manufacturing Industry,
a hearing on which amendments was conducted in Washington on
the ninth of March, 1934, in accordance with the provisions of the
National Industrial Recovery Act.
Amendment No. 1.-The definition of the industry in the Code
was so worded as to include the manufacture, and sale by the man-
ufacturer, of china bathroom accessories. This amendment broadens
the definition to include certain business entities who, while they
do not actually manufacture, have long been regarded as mem-
bers of the industry because of the ownership of certain dies and
patents. It provides for a China Accessories Division and clarifies
the status of the manufacturing and non-manufacturing members.
Amendment No. 2.-This amendment makes possible the protec-
tion of the contractor against changes in price between the time
that he places his bid and the time that he receives his contract. It
is designed to co-ordinate this Code, to that extent, with the Code
for the Construction Industry.
Amendment No. 4.-The original provisions of the Code govern-
ing the qualifications for Merchant Tile Contractors were found to
be unfair to many contractors who were under the expense of main-
taining show rooms, but who could not be given discounts because
of the requirements as to past purchases. This amendment is
designed to liberalize these provisions and will remove the cause
of most of the complaints which have been received from tile
Amendment No. 5.-This amendment makes a re-adjustment of
a refund period, for the convenience of the industry, and does not
alter the Code in any material respect.
Amendment No. 6.-This amendment clarifies the procedure to
be followed in amending the Code, upon recommendation of the Code
Authority, and makes this conform to established policy in this
The Assistant Deputy Administrator in his final report to me on
said amendments 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 amendments 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 among trade groups, by inducing and maintain-
ing united action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity 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 reliev-
ing unemployment, by improving standards of labor, and by other-
wise rehabilitating industry.
(b) The Code as amended complies in all respects with the perti-
nent 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.
(c) The Code empowers the Code Authority to present, the afore-
said amendments on behalf of the industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments 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.
(f) Those-engaged in other steps of the economic process have
not been deprived of the right to be heard prior to approval of
For these reasons, therefore, I have approved these amendments.
HUGH S. JOHNSON,
APRL 28, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE FLOOR AND WALL CLAY TILE MANUFACTURING
AMENDMENT No. 1
The above named Code is amended by adding thereto the following
provisions, as a new schedule B ":
CHINA ACCESSORIES DIVISION
SECTION 1. (a) The China Accessories Division of the Industry
shall include any business entity engaged (1) in the production and
sale by the manufacturer of recessed china accessories and related
articles in various colors, styles and combinations; and/or (2) in
primary sales of such products to wholesalers, merchant tile con-
tractors, or contractors. Section 1 of Article II of the Code, entitled
" Definitions is amended to include the China Accessories Division
as hereinabove defined.
(b) In any governing agency for the China Accessories Division,
which may be designated by the Code Authority pursuant to Article
VI, Section B, 2 of the Code, those members of this division who
are engaged in primary sales to wholesalers, merchant tile con-
tractors, or contractors, but not in the production and sale by the
manufacturer, of recessed china accessories and related articles, may
vote only on matters pertaining to sales and administration.
(c) The term "china accessories as used herein, includes prod-
ucts of the recessed or built-in type made principally from clay,
feldspar, and flint, and includes but is not limited to, soap dishes,
grab rails, tumbler-holders, shelf brackets, toothbrush holders,
sponge holders, paper holders, towel bars, door stops, hooks, and
SECTION 2. No member of the China Accessories Division shall
make, allow or sell products of the Industry at a price or discount
conditioned on the basis of combined sales or shipments of china ac-
cessories, and any other products or merchandise.
AMENDMENT No. 2
Article VIII of the above named Code is amended by adding
thereto the following provision as Section 19: "All prices for tile
and tile products shall be quoted subject to change without notice,
unless specific quotations for specific jobs are made in writing, in
which event they shall be valid for not more than fifty-two days
after date of quotation, within which period a definite order may be
placed for the material for the specific job, at the price in effect at
the time of the written quotation."
Axmmnm r No. 4-
Article XII of the above named Code is amended by striking there-
from Paragraph (4) of Section B and substituting therefore the fol-
lowing: "Who, if located in a trading area having a population of
5,000,000 or less, shall have purchased during the prior six month
period $1,000 worth of products of the Industry or shall have
purchased during the prior three year period $6,000 worth of the
products of the Industry; but if located in a trading area having a
population of more than 5,000,000, shall have purchased during the
prior six month period $2,000 worth of the products of the Industry
or shall have purchased during the prior three year period $12,000
worth of the products of the Industry.
Purchases as mentioned shall be construed to mean the total net
amount of Industry products billed during the respective periods and
is not intended to mean the value or amount of orders placed. Trad-
ing areas shall be established by the Code Authority subject to
review by the Administrator. The latest Federal census shall be
used to calculate population. Calculation for prior periods shall be
made on the basis of the semiannual periods ending June 30 and
AMENDMENT No. 5
Article X, Section D, Paragraph (4) is amended by adding thereto
the following: "Provided, that the first refund period shall begin
on November 13, 1933, and terminate on June 30, 1934, and that
the period from November 13 to December 31, 1933, shall be in-
cluded and calculated with the year 1934."
AMENDMENT No. 6
Article VI, Section B is amended by adding thereto the following
provision as a new sub-section (10): "The Code Authority may
make recommendations, based on conditions and circumstances as
they may exist from time to time in the Industry, for modifications
of or additions to this Code. Such recommendations upon approval
by the Administrator after such Notice and Hearing as he may desig-
nate, shall constitute a part of and have the same force and effect
as the provisions of this Code."
Approved Code No. 92-Amendment No. 1.
Registry No. 1042-1-02.
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