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Approved Code No. 204. Amendment No. I Registry No. 1129-03
NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
AS APPROVED ON JANUARY 31, 1934
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Approved Code No. 204. Amendment No. I
Registry No. 1129-03
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and Domestic Commerce.
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Approved Code No. 204. Amendment No. 1
AMENDMENT TO CODE OF FAIR COMPETITION
PLUMBING FIXTURES INDUSTRY
As Approved on January 31, 1934
TERMINATING STAY CONTAINED IN ORDER OF THE
ADMINISTRATOR FOR INDUSTRIAL RECOVERY,
DATED JANUARY 13, 1934, APPROVING
CODE OF FAIR COMPETITION
PLUMBING FIXTURES INDUSTRY AND FINALLY
APPROVING SAID CODE AS MODIFIED
An Order was signed on January 13, 1934, by the Administrator
for Industrial Recovery, on behalf of the President of the United
States, approving a Code of Fair Competition for the Plumbing
Fixtures Industry but. staying for a period of sixty (60) days the
application of certain of the provisions of Section 7 of Article VIII
of said Code.
An application having been duly made by the Committee on
Organization of the Code of Fair 'Competition for the Plumbing
Fixtures Industry, the applicant for the approval of said Code, for
the termination of such stay, and such applicant having requested
and agreed to the termination of such stay subject to the proviso
hereinafter set forth in this Order:
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
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise, do hereby order that said stay be and it is
hereby terminated, provided, however, that the provisions of the
second paragraph of Section 7 of Article VIII of said Code (con-
tained in the sole complete paragraph appearing on Page 22 of said
Code as originally submitted for approval be modified to read as
In recognition of the fact that the products of these indus-
tries cannot be installed in ultimate service without the per-
formance of wholesaling functions such as assembling, ware-
housingi, and buying in bulk of these products and of accessory
and complementary products by individuals, firms, or corpora-
tions either exclusively or in conjunction with the performance
of the function of retailing said individuals, firms, corporations,
or other persons, in consideration of the performance of such
wholesaling function and of purchasing in wholesale quantities,
shall receive a trade discount from published prices greater than
the trade dis.coint accorded to any individuals, firms, corpora-
tions, or other persons who do not perform the wholesaling
function hereinabove de.-cribud. The difference between the
trade discount allowed to those individuals, firms, corporations,
or other persons performing such wholesaling function and the
trade discount. accorded to other purchasers for resale, shall be
determined by each individual manufacturer in establishing his
wholesale purchase price level and his retail purchase price
level; but in no case shall such difference be less than the per-
centage determined by the Code Authority, with the approval
of the Administrator, subject to modifications made therein
from time to time with the approval of the Administrator, such
percentage and such modifications therein to be confirmed by
ininmediate studies of the value to the consumer of the functions
involved. Such studies shall be made by an impartial fact-
finding agency under the direction of the Code Authority."
and do order that said Code of Fair Competition for the Plumbing
Fixtures Industry, as so modified with the absent of the said Com-
mittee on Organization of the Code of Fair Conmpdtition for the
Plumbing Fixtures Industry, 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 modified as hereinabove
provided, such approval and such modification to take effect ten (10)
days from the date hereof, unless good cause to the contrary is
shown to the Administrator before that time and the Administrator
issues a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Indu.steial Recovery.
W. A. HARRIMAN,
January 31, 1934.
The White House.
SriR: This is a report on an amendment to the second paragraph of
Section 7, Article VIII, in the Code of Fair Competition for the
Plumbing Fixtures Industry as approved on January 13, 1934.
In the order, approving the above Code, executed on January 13,
1934, by the Administrator for Industrial Recovery, the application
of the provisions of Section 7 of Article VIII was stayed for a
period of sixty (60) days in order to afford consideration of the
objections of any interested parties to ,?uch provisions. Inasmuch as
said provisions have been revised to clarify their meaning and intent,
probability of objection has been greatly mniimized.
The nimended provisions do not in any way affect the Wage and
Hour provisions of the Code or the number of workers employed.
Their specified purpose is further to stabilize an Industry where
unfair competition may be exceedingly detrimental to the continued
successful operation of the members of the Industry.
The Assistant Deputy Administrator in his final report to me
on said amiendinent, to said Code having found as herein set forth
and on the basis of all the proceedings in this imattcr;
I find that:
(a) The anmendnuent 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
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 eliminating
unfair competitive practices, by promoting the fullest possible uti-
lization 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) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation Subsection (a) of Section 3, Subsection (a) of Section 7, and
Subsection (b) of Section 10 thereof.
(c) The applicant associations were and are industrial associa-
tions truly representative of the aforesaid Industry and that said
associations imposed and impose no inequitable restrictions on ad-
mission to membership therein and have applied for or consents to
(d) The amendment and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) 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.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
(g) For these reasons, therefore, I have approved the amendment
to this Code.
HUGH S. JOHNSON,
JANUARY 31, 1934.
Approved Code No. 204, Amendment No. 1.
Registry No. 1129-03.
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