Citation
Amendment to code of fair competition for the cork industry as approved on January 16, 1935

Material Information

Title:
Amendment to code of fair competition for the cork industry as approved on January 16, 1935
Portion of title:
Cork industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
5 p. : ; 23 cm.

Subjects

Subjects / Keywords:
Cork industry -- 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:
"Approved Code No. 199--Amendment No. 2."
General Note:
"Registry No. 308-1-01."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004930298 ( ALEPH )
63654487 ( OCLC )

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Full Text



I


Registry No. 308--1--01


Approved Code No. 199--Amendmenr No. 2


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE


CORK INDUSTRY


AS APPROVED ON JANUARY 16, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


For sale by the Superintendent of Docunr~ents, W'ashington, D. C. Price 5 cents

























This publication is for sale by' the Superintendent of Documenots, Government
Printing Offic~e, W'ashington, D. C., and by' district offices of the Bureau of
Foreign and Domlestic C'ommerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504I Post Office Building.
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Charleston, 8. C.: Chamiber of Commer'ce Building.
Chien~go, Ill.: Suite 1706, 201 Northi Wells Street.
Cleveland, Ohio: Chamiber of C'ommerce.
Dallas, Tex.: Chamber of Commierce Building.
Detroit, M~ich.: 801 First National Bank Building.
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Seattle, Wash.: 809 Federal Office Building.












Approved Code No. 199--Amendment No. 2


AMENDMIENYTI TO CODE OF FAIRE COMPETITION
FOR THE

COR~PK HJINDUSTlRY

As Approved on January 16, 1935


ORDER

APPROVING AMZENDHIENT OF CODE OF FAIR COMPETITION FOR THE CORKI
INDUsTRY
An application havingr been duly made pursuant to and in full
compliance with the provisions of Title I of the N~ational Industrial
Recovery ACct, approved June 16, 1933, for approval of an amend-
ment to a Code of 1Fair Competition for the Cor'k Industry, and
opportunity to be heard having been given and the annexed report
on said amendment, continuing findingsc wit~h respcrt, thereto, having
been made and directed to the President:
N~OW;, THEREFiORE, on behalf of the Presideint of the United
States, the National I~ndustrial Rescovery Board, pursuanlt to author-
ity vested in it by Executive Orders of the Presidenzt, including
Executive Order No. 6859, dated Septemb~er 27, 1934, and otherwise;
does hereby~ incorporante by reference said annexed report anrd does
fCind that said amendment. and the dlode as constituted after beinrr
nmendled comply in all rIespects with the pertinent pr1ovisiorns and
w~ill promote the policy and purposess of said Title of said Act, and
does thereby ordler that said amnendmnent be and it is hereby appr~oedl,
and that thle pIreviousc approval of said Code. is hereby mnodified to
include an approval of said Code in its entirety as amended, such
a~pproval and such amendment to takte effect fourteen (14) days from
the date her~eof, unless good cause to the conltrar~y is shown. to the
National Industr~ial Recovery -Board before that tim~e and th~e B~oard
issues a subsequent order to that effect.
Ni\rroNAL INDUSTRIAL RECOVERY BOARD,
ByT W6. A. HEJAnnInswN, AdminiiStra/ltive Of)?cer.
A~pprovl recommended :
11'ALTER G. HOOKE,
Acting Dili~s~ion Administ~r~ator.
WI-smwCONo, D. C.,
Jan u ary 16, 19~35.
10DSa12--1465--99-35 (1)












REPORT~ TO THKE PRESIDENT


The PRE8TDENT,
T~c lhe Whie HEow~e.
Sm:I An application has been duly made pursuant to and in full
comlpliance with the provisions of the National Industrial Recovery
Act, for amendment to the Clode of Fair Competition for the Cork
Industry, submitted by the Code Authority for said Industry.
The purposes and effects of the amendment are:
1. T~o rewrite the provision reganrdinga filing of merchandising
plans to require the filing of prices and to eliminate a waiting period
between the filing dlate? and the effective dlate: of prices.
2. T~o prohibit sales at prices other than those filed.
3. T~o require members of the Industry to enter into agreements
with their distrib~utor~s under which the distr~ibutors will be required
to file their prices and will be prohibited fr~om~ selling at prices other
than those so filed.
4. TI[o define the w~ordcs "L price terms."
FINDINGS
The Assistant Deputy Administrator in his final report to The
National Industrial Recovery Board on said amendment to said Code
hlavinga found as herein set forth a~nd on the basis of all the proceed-
2ngas in this matter:
It is found that:
(a.) The amendment to said Code and the Code as amended are weHl
designed to promote the policies and purposes of Title I of the Na-
t~ional Industrial Recovery Act including the removal of obstructions
to the free flow of interstate and foreign commerce which tend to
diminish the amount theref a~nd will provide for the general welfare
by pro0moting the organization of Industry for the purpose of coop-
era tie action among trade groups, by inducing and maintainiing
united action of labor annd management under adequate governmental
sanction and supervision, by eliminating unfair competitive practices,
by promoting the fullest possible utilization of the present productive
capacity of the industries, by avoiding undue restriction of produe-
tionl (except as mnay be temporarily required), by increasing the con-
sum~ption of industrial an agricultural products through increasing
purchasing power, by reduciing and- relieving unemployment, by im-
proving standards of labor, and by otherwise rehabilitat~ing industry.
(b) The Code as amended complies in all respects with the pertli-
nrent provisions of said Title of said Act, including without limitation
sub-section (a) of Section 3, sub-section (a) of Section 7, and sub-
section (b) of Section 10 thereof.
(c) The amlellmenet anid 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
aInd will not eliminate or oppr~ess salnl enterprises and will not oper-
ate to discrimninatee against them.
(e) Those engaged in other steps of the economic process have not
beenz deprived of the right to be heard prior to approval of said
amendment.
For these reasons, thierefor~e, said amnendment is hereby approved.
For the National Indust~rial Recovery Board:
'W. A. HannreIA
Adadnistr jtrative~ O fcer).
JANUAsRY 16, 19r35.












AMIENDM4ENT TO CODE OF FAIR COMfPETITION FOR
TH[E CORK INSDU~STRY'

~AnaRanI VIII. Add a new Section as follows:
SECTIO~N 8. The! provisions of Sections 1, 5 andZ 7 of this Article
shall appl to the entire I~ndustry. The provisions of Sections 2, 3,
4 and 6 ofthis Article shall apply to all of the divisions of the
Industry, except the Cork Insulation Mlanufacturers' Division, to
which Divisioni they shall not apply.
A~dd a new Article as follows:

AnImanL; V;III-A-S

SECTION 1. The provisions of this Article shall apply9 only to the
Cork Insulation Manufacturers' Division.
SEC=TION 2. Within fifteen (1.5) days after the appr~oval by the
Code Authrority and the National Industrial Recovery Board of the
Executive Comnmittees' recommendations and mlercLhandising~ plans as
provided for in Section 1 of Article VIII, each~ indlividual member
of the Division. concerned shall file with the Secr~etary his plan for
merchand~isingr anld his price terms, effective on the fifteenth dlay
after said approval, which plan shall supply the information re-
quired and shall be in the form so approved by thle Nationlal Indus-
trial Recovery Board. T~he member's me~c~handti isin plan andl price
terms so filed shall r~emafin inl force unless anld until super~seded by
the filing with the Secretary) by the member of a revision of his
merchnandisinga plan and price ter~ms. Except said member's mler-
chandising plan and price terms initially filed as above provided, re-
visions of such plan an~d pr-ice terms shall become effective immed-
diatelyy upon receipt thereof by the Secr~etary, wTho shall, byr tele-
giraph or other equally pr~ompt means, immediately notify said mem-
ber of the time of such receipt. The originally mer~chandising plan and
price terms and all revisions thereof, filed by each member of the
division c~oncernedl, as well as the~ price terms of mannufactur~ers' dis-
tributor~s, which may be filed with the Secr~etary pursu'iant to the
provisions of Section. 4 of this Article, shall be immediately and
simultaneously distributed by thze Secretary to all other members of
the division and to those manufac~turers' dlist~ributors whlo have price
terms on file with thle Secretary r~egaring similar products of the
inrdustr, and thne same shall be malde available to all customers af-
fected thter~eby who have applied therefore and- have ,agreed to defray
the cost actually incurred by the Codle Authority in the preparation
anld distribution thereof, an~d the same! shall also be available for
ins sectionn b~y any of the said customers at thle office of the Secretary.
SECTION 3. N~o member shall sell or offer to sell any article at price
terms other than those which suchl member has culrrently on file with
the Secr~et ry'.








SECTION 4. No member of a division for which a merchiandisinga
plan shall have been approved by t~he National Industrial Recovery
Board shall sell any product of said division to or through any dis-
tributor or distributors, after fifteen (15) days after the late of ap-
proval of said~ merrchndi-singr plan, unless and until said distributor
andl'0r distributors shall have entered into a separate written agree-
ment, which agreement shall contain the following provisions:
(a) That such manufacturers' distributor shall for~thwith issue
and file with the Secretary his or its price list or lists, including
therein all prices, terms, rebates, discounts, allowances and condi-
tions of sale and any revisions thereof which may be mnade from timne
to time, relating to or affecting the sale or otfer to sell of any' of the
products of the division concerned, to all classes of customers.
(b) That said price list or lists, terms, rebates, discounts, allowu-
ances and conditions of sale, and any revisions thereof, shall become
effective immedliately upon receipt of same by the Se~cretary.
(c) That such manufacturers' distributor shall not sell or ot~er.
to sell any of saidl products at. prices or terms other than those whichi
he or it has currently on file with the Secretary.
Copies of all such separate agreements so executed- shall be filed
w~ith the Secretary within five (5) days following the dlate of their
execution. Immediately upon receipt of the price termlls of such
manufacturers' distributors, the Secrertary by telegraph or telephone,
or other equally prompt means, shall notify such manufacturers'
distributor filing the same of the time of such receipt and all such
price terms and revisions thereof shall be immediately and simul-
taneously distributed by the Secretary to all members of the division
and to such manufacturers' distributors who have filed price terms
or revisions thereof for the sale or offer to sell of similar products,
and th~e same shall be made available to all customers affected
thereby who have applied therefore and have agreed to defray the
cost actually incurred by the Code Aut~hority in the pr~eparation and
distribution thereof, and the same shall also be available for inspec-
tion by any of the said customers at the office of the Secretary.
SECTION 5. The provisions of Section 4 of this Article shall cease to
be effective sixty1 (60) days after the dlate of the approval of this
Amendment, unless within that time manufacturers' distributors of
the products of the Cork Insulation Ma~nufacturers' Division, to tlhe
extent of 7i5% by number and 85%r by volume of business, file w~ith
the National Indulstrial Recovery Board their assent to the provisions
of said Sect~ion 4.
SECTION 6. Any Agreement made under the provisions of Section
4 of this article shall termiinate if and when this Code, or said Section
4 of this Article, or said merchandising plan shall cease to be of effect.
Amend Article II by addling a new section as follows:
SECTION 13. Wherever used in this Code, the wvordls price terms "
shall be understood to include all prices, terms, rebates, discounts,
allowances or other conditions of sale. Whenever used in this Code
the words manufacturers' distributors shall have thne meaning
within each Division as defined in the MIerchandising Plan for that
.UIVISIOIL
Approved Code No. 1 A--mendment No. 2.
Registry No. 308-1-01.




11111111111111111 111111111111 11111111111111 111111111111111III




Full Text

PAGE 1

Approved Code No. 199-Amendment No. 2 .Registry No. 308-1-01 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CORK INDUSTRY AS APPROVED ON JANUARY 16, 1935 WE DO OUR PART "' ---... U . l . DI'<*TO"Y UNITED STATE S GO VERNMENT PRINTING OFFICE WASHINGTON: 1935 For sale by the S up erinte ndent of Docurr ,ents, washington, D. C. -----r --Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D. C., and by district offices of the Bureau ot Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE Atlanta, Ga. : 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass.: 1801 Customhouse. Buffalo, N. Y.: Chamber of Commerce Building. Charleston, S. C.: Chamber of Commerce Building. Chic a go, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex.: Chamber of Commerce Building. Indiana polis, Ind.: Chamber of Commerce Building. Jacksonv ille, Fla.: Chamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 229 Federal Building. Minneapolis, Minn. : 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. 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.

PAGE 3

Approved Code No. 199-Amendment No. 2 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CORK INDUSTRY As Approved on January 16, 1935 ORDER APPROVING AMENDl\IENT OF ConE OF FAIR CoMPETITION FOR THE CoRK 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 an amend n1ent to a Code of Fair Competition for the Cork Industry, and opportunity to be heard having been given and the annexed report on said amendment, containing findings with respect thereto, having been made and directed to the Presiden t : NO\iV, THEREFORE, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order No. 6859, dated September 27, 1934, and otherwise; does hereby incorporate by said annexed report and does find that said amendment and the vode 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 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 fourteen (14) days from the date hereof, unless good cause to the contrary is show n to the National Industrial Recov ery Board b efore that time and the Board issues a subsequent order to that effec t. NATIONAL INDUSTRIAL REcovERY BoARD, By W. A. HARRIMAN, Administrative Offic er. Approval r ecommended : \V ALTER G. HooKE, Acting Division Ad1ninistrator . wASHINGTON, D. c., J anua1y 16, 1935. 10 9812 ----1465-99----35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White House. Srn: An application has been duly made pursuant to and in full compliance with the provisions o the National Industrial Recovery Act, or amendment to the Code o Fair Competition or the Cork Industry, submitted by the Code Authority or said Industry. The purposes and effects o the amendment are : 1. To rewrite the provision regarding filing o merchandising plans to require the filing o prices and to eliminate a waiting period between the filing date and the effective date o prices. 2. To prohibit sales at prices other than tho e filed. 3. To require members o the Industry to enter into agreements with their distributors under which the distributors will be required to file their prices and will be prohibited rom selling at prices other than those so filed. 4. To define the words " price terms." FINDINGS The Assistant Deputy Adtninistrator in his final report to The National Industrial Recovery Board on said amendment to said Code having found as herein set forth and on the basis o all the proceed ings in this matter: It is found that: . (a) The amendment to said Code an. d the Code as amended are well designed to promote the policies and purposes o Title I of the N a tiona! Industrial Recovery Act including the removal o obstructions to the free flow o interstate and foreign commerce which tend to diminish the amount thereof and will provide or the general welfare by promoting the organization o Industry or the purpose o coop erative action among trade groups, by inducing and maintaining united action o labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization o the present l)roductive capacity o the industries, by avoiding undue restriction o produc. tion (except as may be temporarily required), by increasing the consumption o industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards o labor, and by otherwise rehabilitating industry. (b) The Code as amended complies in all respects with the pertinent provisions o said Title o said Act, including without limitation sub-section (a) o Section 3, sub-section (a) of Section 7, and sub section (b) o Section 10 thereof. (c) The amendment and the Code as amended are not designed to and will not permit monopolies or monopolistic practices. (2)

PAGE 5

3 (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, said amendment is hereby approved. For the National Industrial Recovery Board: w. A. HARRIMAN' Administrative Officer. J .ANUARY 16, 1935.

PAGE 6

AMENDMENT TO CODE OF FAIR COMPETITION FOR THE CORK INDUSTRY ARTICLE VIII. Add a new Section as follows : SECTION 8. The provisions of Sections 1, 5 and 7 of this Article shall apply to the entire Industry. The provisions of Sections 2, 3, 4 and 6 of this Article shall apply to all of the divisions of the Industry, except the Cork Insulation :Manufacturers' Division, to which Division they shall not apply. Add a new Article as follows: ARTICLE VIII--A SECTION 1. The provisions of this Article shall apply only to the Cork Insulation Manufacturers' Divis ion. SECTION 2. vVithin fifteen (15) days after the approval by the Code Authority and the National Industrial Recovery Board of the Executive Committees' recommendati ons and merchandising plans as provided for in Section 1 of Article VIII, each individual member of the Divisio n concerned shall file with the Secretary his plan for merchandising and his price terms, effective on the fift eenth day after said approval, which plan shall supply the information required and shall be in the form so approved by the National Industrial Recovery Board. The member's merchandising plan and price terms so filed shall remain in force unless and until by the filing with the Secretary by the member of a revision of his merchandising plan and price terms. Except said member's merchandising plan and price terms initially filed as above provided, re visions of s uch plan and price terms shall become effective immediately upon receipt thereof by the Secretary, who shall, b y telegraph or other equally prompt means, immediately notify said meiTI:ber of the time of such receipt. The original merchandising plan and price terms and all revisions thereof, filed by each member of the division concerned, as well as the price terms of manufacturers' distributors, which may be filed with the Secretary pursuant to the provisions of Section 4 of this Article, shall be immediately and simultaneously distributed by the Secretary to all other members of the division and to those manufacturers' distributors who have price terms on file with the Secretary regarding similar products of the industry, and the s ame shall be made available to all customers affected thereby who h ave applied therefor and have agreed to defray the co s t actually incurred by the Code Authority in the preparation and distribution thereof, and the same shall also be available for inspection by any o f the said cu sto m e r s at the office of the Secretary. SECTION 3. No member shall sell or offer to sell any article at price terms other than those which suc h member has currently on file with the Secretary. (4)

PAGE 7

5 SEcTION 4. No member of a division :for which a merchandising plan shall have been approved by the National Industrial R ecovery Board shall sell any produc t o:f said division to or through any distributor or distributors, after fifteen ( 15) days after the date o:f approval of said merchandising plan, unless and until said distributor and/or distributors shall have entered into a separate written agreement, which agreement shall contain the following provisions: (a) That such manufacturers' distributor shall :forthwith i s u e and file with the Secretary his or its price lis t or lists, including therein all prices, terms, rebates, discounts, allowances and condi tions of sale and any revisions thereof which may be made from time to time, relating to or affecting the sale or offer to sell of any of the products of the division concerned, to all cla sses of customers. (b) That said price list or lists, terms, rebates, discounts, allow ances and conditions o:f s ale, and any revisions thereof, shall b ecome effective immediately upon receipt of same by the S ecretary. (c) That such manufacturers' distributor shall not sell or offer to sell any of said products at prices or terms other than those which he or it has currently on file with the Secretary. Copies of all such separate agreements so executed shall be filed with the Secretary within five ( 5) days following the date of their execution. Immediately upon receipt of the price terms of such manufacturers' distributors, the Secretary by telegraph or telephone, or other equally prompt means, shall notify such manufacturers' distributor filing the same of the time of such receipt and all such price terms and revisions thereof shall be immediately and simultaneously distributed by the Secretary to all members of the division and to such manufacturers' distributors who have filed price terms or revisions thereof for the sale or offer to sell of similar products, and the same shall be made available to all customers affected thereby who have applied therefor and have agreed to de:fray the cost actually incurred by the Code Authority in the preparation and distribution thereof, and the same shall also be available for inspection by any of the said customers at the office of the Secretary. SEcTION 5. The provisions of Section 4 of this Article shall cease to be effective sixty (60) days alter the date of t he approval of this Amendment, unles s within that time manufacturers' distributors of the products of the Cork Insulation Manufacturers' Division, to the extent of 75% by number and 85% by volume of business, file with the National Industrial Recovery Board their assent to the provisions of said Section 4. SECTION 6. Any Agreen1ent made under the provisions of Section 4 of this article shall terminate if and when this Code, or said S ection 4 of this Article, or said merchandising plan shall cease to be of effect. Amend Article II by adding a new section as follo ws : SECTION 13. Wherever used in this Code, the words " price terms " shall be understood to include all prices, terms, rebates, discounts, allowances or other conditions of sale. Whenever used in this Code the words "manufacturers' distributors" shall have the meaning within each Division as defined in the Merchandising Plan for that Division. Approved Code No. 19-9'--Amendmen t No. 2. Regi try No. 308-1-01. 0

PAGE 8

UNIVERSITY OF FLORIDA 1111111111111111111111111111111111111111111111111111111111111111 3 1262 08585 2969


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