Amendment to code of fair competition for the copper industry as approved on April 26, 1935

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Material Information

Title:
Amendment to code of fair competition for the copper industry as approved on April 26, 1935
Portion of title:
Copper industry
Physical Description:
5 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Copper industry and trade -- Law and legislation -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1209-1-02."
General Note:
"Approved Code No. 401--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 645451049
ocn645451049
System ID:
AA00009899:00001


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Approved Code No. 401-Amendment No. 1 Registry No. 1209-1-02


NATIONAL RECOVERY ADMINISTRATION





AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


COPPER INDUSTRY


AS APPROVED ON APRIL 26, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


For sale by the Superintendent of Documents. Washington. D.Price 5 cents
For sale by the Superintendent of Documents. Washington. D. C. - Price 5 cents


Approved Code No. 401-Amendment No. 1


Registry No. 1209-1-02
























This publication is for sale by the Superintendent of Documents, Government
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Approved Code No. 401-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

COPPER INDUSTRY

As Approved on April 26, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
COPPER INDUSTRY
WHEREAS, it has been reported and now appears to the National
Industrial Recovery Board that the Phelps Dodge Corporation, a
member of the Copper Industry, has purchased all the property,
assets, rights and privileges of all kinds of the United Verde Cop-
per Company, also a member of the Copper Industry, and has, in
connection with such purchase, assumed the payment of all liabilities
of that company- and
WHEREAS, by Administrative Order No. 401-9A, signed on
March 26, 1935, the said Board granted an application of the said
Phelps Dodge Corporation for an exemption from the provisions
of Sub-section (2), Section 6 of Article VII of the Said Copper
Code for a period of thirty (30) days, and allocated the said Phelps
Dodge Corporation a monthly sales quota of one and sixty-seven
hundredths of one per cent (1.67%) of a relative annual productive
capacity of two hundred and thirty-six thousand (236,000) tons of
copper; and
WHEREAS, a Notice of Opportunity to be Heard, Administrative
Order No. 401-11, dated March 27, 1935, having been published
relative to an appropriate amendment to Section 6 (2) of new
Article VII of the Code of Fair Competition for the Copper Indus-
try, and the objections filed as provided in said published Notice
having been given due consideration, and the annexed report on
said amendment containing 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 au-
thority vested in it by Executive Orders of the President, including
Executive Order No. 6859, and otherwise, 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 re-
spects with the pertinent provisions and will promote the policy
131999-----1749-61--35 (1






2

and purposes of said Title of said Act, and does hereby order that
said amendment be and it is hereby approved, and that the pre-
vious approval of said Code is hereby amended to include an
approval of said Code in its entirety as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Ofieer.
Approval recommended:
W. P. ELLIS,
Division Administrator.
WASHINGTON, D. C.
April 26, 1935.










REPORT TO THE PRESIDENT

The PRESIDENT,
The White House.
Smn: The Code of Fair Competition for the Copper Industry was
approved on April 21, 1934. The Order of Approval contained a new
Article VII, relating to marketing provisions. Section 6(2) of this
Article contained the following monthly sales allocations for each
primary producer in the Industry:

Monthly
Tons per sales
annum quota

Percent
Kennecott Copper Corporation--------... ---------------------------------- 366, 500 1.67
Anaconda Copper Mining Co..-------------------------------------- -- 225,000 1.67
Phelps Dodge Corporation-----.....---------------------------------------- 168,000 1.67
United Verde Copper Co----------------------------------------------- 68,000 1.90
Calumet & Hecla Consolidated Copper Co-- -------------------------------- 50,000 2.20
Miami Copper Co.....-----.. ---..... ----------------------------------- 36,000 2.30
Magma Copper Co.------..-------.. --------------------------------------- 25,000 2.50
United Verde Extension Mining Co.-----......----------.-------------------- 24,000 2.50
Consolidated Coppermines Co -----------.--------------------------------- 21,000 2.70
Copper Range Company.......--------- -------------- ------------------- 17,500 3.00

On February 18, 1935 the Phelps Dodge Corporation purchased all
the property, assets, rights and privileges of every kind of the United
Verde Copper Company and assumed the payment of all its liabilities.
B Administrative Order No. 401-9A, signed on March 26, 1935
the national Industrial Recovery Board granted an application oi
the Phelps Dodge Corporation for an exemption from the provisions
of Sub-section (2), Section 6 of Article VII for a period of thirty
(30) days, and allocated the said Phelps Dodge Corporation a monthly
sales quota of one and sixty-seven hundredths of one per cent (1.67%)
of a relative annual productive capacity of two hundred and thirty-
six thousand (236,000) tons of copper.
A Notice of Opportunity to be Heard, Administrative Order No.
401-11, dated March 27, 1935, has been published relative to an ap-
propriate amendment to Section 6 (2) of new Article VII of the
Code of Fair Competition for the Copper Industry, and no objections
have been filed to the continuation to June 16, 1935 of the allocation
granted to the Phelps Dodge Corporation in Administrative Order
No. 401-9A. The Deputy Administrator therefore recommended an
amendment to Section 6 (2) of new Article VII of the Code of Fair
Competition for the Copper Industry.
FINDINGS

The Deputy Administrator in his final report to us on said Amend-
ment 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 policy 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 amounts 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 govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing
the consumption of industrial and agricultural products through
increasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(b) The Code as amended complies in all respects with the per-
tinent provision 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
amendment.
For these reasons, therefore, we have approved this amendment.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
APRIL 26, 1935.















AMENDMENT TO CODE OF FAIR COMPETITION FOR THE COPPER INDUSTRY

Delete Sub-section (2), Section 6, of new Article VII and substi-
tute therefore the following:
Until such time as the Code Authority may determine that such
member has failed to comply with the provisions of this Code and
such determination has been approved for the purpose by the Ad-
ministrator, the monthly sales quota for each primary producer of
the industry listed below and the relative annual productive capaci-
ties of such members, arrived at solely for the purpose of establish-
ing sales quotas, shall be as follows:


Tonsper Monthly
Tons per sales
annum quotas

Percent
Kennecott Copper Corporation....-.........-----------.--------------------------. 366,000 1.67
Anaconda Copper Mining Company---------------- ------------------- 225,000 1.67
Phelps Dodge Corporation--.---. ------------------- 236,000 1.67
Calumet & Hecla Consolidated Copper Company---.... ------ -----50,000 2.20
Miami Copper Company_ ----------- -------------------------- 36,000 2.80
Magma Copper Company.. ---------------------------------25,000 2.50
United Verde Extension Mining Company..-------.....------------..---------.... 24,000 2.50
Consolidated Coppermines Co-.---..------... ----.......... --------...-----.. 21,000 2.70
Copper Range Company .......-------.. ------....---..-----.----....-----.. 17, 500 8.00


Approved Code No. 401-Amendment No. 1.
Registry No. 1209-1-02.
(5)




UNIVERSITY OF FLORIDA
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3 1262 08582 8365




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