Citation
Amendment to code of fair competition for the bias tape industry as approved on February 4, 1935

Material Information

Title:
Amendment to code of fair competition for the bias tape industry as approved on February 4, 1935
Portion of title:
Bias tape industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
6 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Sewing -- Equipment and supplies -- Law and legislation -- United States ( lcsh )
Notions (Merchandise) -- 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. 251-09."
General Note:
"Approved Code No. 441--Amendment No. 1."

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:
005049580 ( ALEPH )
63654356 ( OCLC )

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i roved Code No. 441-Amendment No. 1


I-


Registry No. 251-09
1


NATIONAL RECOVERY ADMINISTRATION





AMENDMENT TO

CODE OF FAIR COMPETITION

FOR THE



BIAS TAPE INDUSTRY



AS APPROVED ON FEBRUARY 4, 1935


WE DO OUR PART


I. I


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


by the Superintendent of Documents. Washington. D.C. - Price 5 cen a


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This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by district offices of the Bureau of
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.
Chicago, 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.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tent.: 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.











Approved Code No. 441-Amendment No. 1


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

BIAS TAPE INDUSTRY

As Approved on February 4, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE BIAS
TAPE 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 Bias Tape Industry, and a
hearing being duly held thereon and the annexed report on said
amendments, 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 author-
ity 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 amendments
and the Code as constituted after being amended complies 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 amendments be and they are hereby approved, and that the
previous 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, Admin.istrathve Offcer.
Approval recommended:
PRENTISS L. COONLEY,
Division Administrator.
WASHINGTON, D. C.,
February 4, 1935.
113794 --0 1573-21--35 (1











REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the amendments to the Code of Fair
Competition for the Bias Tape Industry. A notice of the hearing
on these amendments was published on October 31, 1934; and a
hearing was held on November 20, 1934. The amendments, which
are attached, were presented by duly qualified and authorized repre-
sentatives of the Industry, complying with statutory requirements,
and being the duly constituted Code Authority under the provisions
of the said Code for the said Industry.
These amendments provide for additional unfair trade practices
with regard to quality designations, mutuality of contracts, adver-
tising allowances, imitation of trade marks and other unfair trade
practices.
The Deputy Administrator in his final report to the National
Industrial Recovery Board on said amendments to said Code having
found as herein set forth, and on the basis of all the proceedings
in this matter;
The National Industrial Recovery Board finds 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 of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair competi-
tive practices, by promoting the fullest possible utilization of the
present productive capacity of industries, by avoiding undue re-
striction 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 un-
employment, by improving standards of labor, and by otherwise
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 sub-section (a) of Section 3, Sub-section (a) of Section 7 and
Sub-section (b) of Section 10 thereof.
(c) The Code Authority is empowered to present the aforesaid
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.
(2)





3

(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 amendments.
For these reasons these amendments have been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
FEBRUARY 4, 1935.













AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE BIAS TAPE INDUSTRY

Article VIII, Section 11 is amended by the addition of:
No additional dating shall be allowed, except that goods shipped
from the 25th to the end of the month may be regarded for discount
purposes as having been shipped as of the 1st of the following
month.
Article VIII is amended by the addition of the following new
sections:
13. Marking Bias Tape.-No member of the industry shall sell or
offer for sale any bias tape for household use, put up on cards, rolls,
or other packages or boxes, except in accordance with the following
provisions:
(a) The cards, rolls, or other packages or boxes shall have affixed
thereto in a visible and conspicuous place a label or stamp specifying
the following:
(1) Length and yards contained thereon in said cards, rolls, pack-
ages or boxes.
(2) The quality or finish of the material in conformity with the
following table of designation:
La wn
72x6S, or Lower, Lawn
76x72 Fine Lawn
80x80 and Upward, Extra Fine Lawn
Percale
64x60 or Lower, Percale
68x72, and Upward, Fine Percale
Nainsook

76x72 or Lower, Nainsook Finish
80x80 Nainsook
88x80 Fine Nainsook
96x92, and Upward, Extra Fine Nainsook
(3) The folded width of the material in conformity with the
following width specifications:
a. Single fold:
1 2 3 4 5 6 7 8 9 10 11
No.
S4/16 5/16 6/16 7/16 8/16 9/16 10/16 11/16 12/16 13/16 14/16,
12 13
15/16 16/16 or
b. Additional sizes must be marked or numbered on the basis of
y'" for each size number.
c. All single fold bias tape should be folded with a center openiigg
not exceeding -g" with the exception of bias tape made from mater
rial weighing 1 lb. per 5.35 yards or heavier.
(4)







d. For double fold bias tape the finished width shall be aot less
than 1/ of the width for single fold as set forth in the focegoing
table. All double fold bias tape shall be folded with a center open-
ing not exceeding A".
(b) The actual length of bias tape contained on the cards, rolls,
or other packages or boxes, shall not deviate from the length indi-
cated by the label or stamp affixed in accordance with Section 13,
Sub-section (a), (1) in excess of 2 percent.
14. Mercerization.-No member of the industry shall use the term
"Mercerized on any label or stamp affixed to any bias tape unless
such material has been put through the process of mercerization.
15. Color Fastness.-Statements to indicate fast color may be
applied only when the material after dyeing has passed a washing
test in accordance with the requirements for such tests as are or shall
be approved by the American Society For Testing Materials. The
Code Authority shall submit to the Administration within sixty days
from the date hereof a certificate showing that the standards to be
used by the industry under this provisions have received a certificate
of approval from the American Society For Testing Materials. Said
approved standards shall be forwarded by the Code Authority to
every member of the industry.
16. Mutuality of Contracts.-Members of the industry shall set
forth in all contracts the following:
(a) All contracts not for immediate delivery shall be in writing,
shall specify definite quantities, shall stipulate that the delivery spec-
ifications shall be distributed fairly and equitably throughout the
period of said contract, and said contract shall be duly executed by
parties thereto.
(b) Nothing contained herein shall prevent the use of usual clauses
in contracts as to the effect of 'force majeure, acts of God, and simi-
lar events beyond the control of either party.
17. Samples.-No member of the industry shall give samples as
an integral part of a sale or as a means of making a specific sale.
18. Advertising Allowances.-No member of the industry shall
arrange for advertising allowances except in agreements entirely
separate and distinct from sales agreements.
No member of the industry shall make agreements for payment
of advertising unless such agreements shall definitely specify exactly
how much shall be paid and the method of payment by the giver of
the allowance, exactly what services shall be rendered by the recipi-
ent of the allowance, and the method of auditing the performance
which the allowance giver shall employ. Such agreements shall pro-
vide for submission of proof that such allowances are expended for
the purpose set forth in the agreement.
19. Substitution of Merchandise.-No member of the industry
shall ship or deliver products which do not conform with the samples
submitted, or with representations made prior to securing an order
and with the effect of deceiving or misleading thc purchaser.
No member of the industry shall sell an inferior product at a price
appropriate for such product with the understanding that a product
of superior quality selling at a higher price will be delivered. How-
ever, a seller acting in good faith and because of an actual unfore-
seen shortage of the product sold, may, in order to service the cus-
tomer, deliver a product of a quality superior to the product sold.






6

20. Imitation of Trade Marks, Etc.-No member of: tb
shall imitate or simulate another's "put-up", trade:ft i...
names, slogans, and other marks of identification, inchidi
and the dress of the goods, which is intended to or-does decei,
mislead the purchaser, or result in the commercial disadvaita
the owner of an already established "put-up ", trade mark,
names, slogans, and other marks of identification, including.
and the dress of the goods. : .r,:
21. False disparagement of Conpetitors.-No member of the i
try shall defame a competitor by falsely imputing dishonorable
duct, inability to perform contracts, questionable credit stand
by other false representation or by falsely disparaging the gradm
quality of his goods.
22. Use of Competitors Merchandise.-No member of the indu
shall by purchase or exchange acquire another manufacturer's
chandise from any customer or prospective customer for the pu
of substituting his own merchandise or influencing the sale of
chandise to such customer or prospective customer, provided
ever, it shall not be an unfair trade practice to acquire a sample
competitor's merchandise for the purpose of comparison or anal
23. Aiding or Abetting Another in the Use of Unfair Trade
tices.-No member of the industry shall wilfully aid or abet anoi
in any unfair trade practices.
Approved Code No. 441-Amendment No. 1.
Registry No. 251-09. UNIVERSITY OF FLORIDA

o IlUlIIIII 1ll3lll UIIIIl
3 1262 08482 8150


'I ".
'~"EESi




Full Text

PAGE 1

Approved Code No. 441-Amendment No.1 Regi s tr y No. 2 51-09 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BIAS TAPE INDUSTRY AS APPROVED ON FEBRUARY 4, 1935 WE DO OUR PAR'f UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1935 J; I I I I For sale by the Superintendent of Documents, Washington, D. C. ---------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 of 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. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. Dallas, Tex.: Chamber of Commerce Building. Detroit, Mich.: 801 First Na tiona I Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind. : Chamber of Commerce Building. Jacksonville, Fla.: Cllamber of Commerce Building. Kansas City, Mo.: 1028 Baltimore Avenue. Los Angeles, Calif.: 1163 South Broadway. Louisville, Ky.: 408 Federal Building. Memphis, Tenn. : 2_9 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. : 500 Olive Street. San Francisco, Cnlif.: 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 441-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BIAS TAPE INDUSTRY As Approved on February 4, 1935 ORDER APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR THE BrAs TAPE 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 Bias Tape Industry, and a hearing being duly held thereon and the annexed report on said amendments, containing findings with respec t 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 authority 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 amendments and the Code as constituted after being amended complies 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 amendments be and they are hereby approved, and that the previous 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, Ad1ninistrative Officer. Approval recommended : PRENTISS L. CooNLEY, Division Adrninistrator. vv AsHrNGToN, D. c., February 4, 1935. 113794----1573-21----35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White li ouse. Sm: This is a report on the amendments to the Code of Fair Competition for the Bias Tape Industry. A n tice of the hearing on these amendments was publi he . d on October 31, 1934; and a hearing was held on November 20, 1934. The amendments , which are attached, were presented by duly qualified and authorized representatives of the Indu try, complying with statutory requirement , and being the duly constituted Code Authority under the provisions of the said Code for the aid Industry. These amendments provide for additional unfair trade practi es with regard to quality designations, mutuality of contracts advert i ing allowances, imitation of trade mark and other unfair trade practices. The Deputy Administrator in his final report to the National Industrial Recovery Board on said amendments to said Code having found as herein set forth, and on the basis of all the proceedings in this matter; The National Industrial Recovery Board find s that: (a) The amendments to said Code and the Code a amended are well de igned to promote the policies and purpo es 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 w elfare by promoting the organization of industry for the of cooperative action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest pos ible utilization of the present productive capacity of industrie , 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 unemployment, by improving standards of labor, and by otherwise rehabilitatin()' industry. (b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation ub-ection (a) of Section 3, Sub-section (a) of Section 7 and ubs e c tion (b) of Section 10 thereof. (c) The Code Authority is empowered to pre ent the aforesaid am ndments on behalf of the Industry as a whole. (d) The amendmenk; and the Code as amended are not desi()'ned to and will not permit monopolies or monopolistic practices. o ( ) The amendm nts and the Code as amended are not desio-ned to and will not eliminate or oppress small enterprises and will not operate to discri1ninate against them. (2)

PAGE 5

3 (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 amendments. For these reaf:?ons these amendments have been approved. For the National Industrial Recovery Board: FEBRUARY 4, 1935. vv. A. HARRIMAN, Administrative Offic er .

PAGE 6

TO CODE OF FAIR FOR THE BIAS TAPE INDUSTRY Article V III Section 11 i amended by the addition of: No additional elating hall b allowed except that goods hipped from the 25th to the en l of the month may be regarcle 1 for eli count purpose a haYing been shipp d a of the 1 t of the following month. Article VIII i amended by the ad liti n of the followino-new section : 13. lll arking BiaB Tape.-No member of the indu try hall ell o r offer for sale any bias tape for hou eholc.l u e, put up on card roll , or packages or boxes except in accordance with the following prov1s10ns : (a) The cards rolls, or other package or boxes hall have affixed thereto in a visible and consr icuous place a l abel or tamp specifying the following : ( 1) Length and 3 arcls contained thereon in aid ca r 1 , r o ll s pack ages or boxes. (2) The quality or finish of the material in conformity with the follo"ITing table of designation: 72 x68, o r Lower, Lawn 7 6x 7 2 Fine Lawn Lawn 80x80 anu Upward, Extm Fine Lawn Percale 64x60 or Lowe r , P e r ca l e 6 x72, and Up"ard, Fine P e rcal e Nainsook 76 x72 o r L owe r , Nainsook Finis h Ox80 Nainsook 8 x80 Fine Nainsoo k D6x92, and Upward, Extra Fine Nainsook (3) The folded width of the material 1n conformity with the f ollowing width specifications: a. Single fold: '1\.T 1 2 3 4 5 6 7 8 9 10 11 nO. 4/16 5 / 16 6/16 7/16 8/16 9/16 10 / 16 11/16 12 / 16 13 / 16 14 / 16 12 13 , 15/16 16 / 16 or 1 b. Additional iz e be marked or numbered on the basis of rrr" for each ize numbe r . . All ingle fold bia tape hould be folded with a center opening not exceeding -b/' \lith the exception of bias tape made from material weighing 1 lb. per 5 .35 yards or heavier. (4)

PAGE 7

5 d. For double :fold bias tape the finished width shall be :10t less than 1;2 o:f the width :for single :fold as set :forth in the :fo\egoing table. All double :fold bias tape shall be :folded with a opening not exceeding 1\". (b) The actual length o:f bias tape contained on the cards , rolls, or other packages or boxes, shall not deviate :from _ the length indicated by the label or stamp affixed in accordance with Section 13, Sub-section (a), (1) in excess of 2 percent. 14. Mercerization.-No member of the industry shall u s e the term "Mercerized" on any label or stamp affixed to any bias tape unless such material has been put through the process o:f mercerization. 15. Color Fastness.-Statements to indicate "fast color " may be applied only when the material after dyeing has pass ed a washing test in accordance with the requirements :for such tests as are or shall be approved by the American Society For Testing Materials. The Code Authority shall submit to the Administration within sixty days :from the date hereof a certificate showing that the standards to be used by the industry under this provisions have received a certificate of approval from the American Society For Testing Materials. Said approved standards shall be :forwarded by the Code Authority to every member of the industry. 16. Mutuality of Contracts.-Members of the industry shall set forth in all contracts the following: (a) All contracts not for immediate delivery shall be in writing, shall specify definite quantities, shall stipulate that the delivery spec ifications shall be distributed fairly and equitably throughout the period of said contract, and said contract shall be duly executed by parties thereto. (b) Nothing contained herein shall prevent the use o:f usual clauses in contracts as to the effect of 'force majeure, acts of God, and similar events beyond the controi of either party. 17. Samples.-No member o:f the industry shall give samples as an integral part of a sale or as a means of making a specific sale. 18. Advertising Allowances.-N o member o:f the industry shall arrange for advertising allowances except in agreements entirely separate and distinct :from sales agreements. No member of the industry shall make agreements for payment of ad-vertising unless such agreements shall definitely specify exactly how much shall be paid and the method of payment by the giver of the allowance, exactly what services shall be rendered by the recipient of the allowance, and the method of auditing the performance which the allowance giver shall employ. Such agreements shall provide :for submission o:f proof that such allowances are expended for the purpose set forth in the agreement. 19. Substitution of M erchandise.-N o member of the industry shall ship or deliver products which do not conform with the samples submitted, or with representations made prior to securing an order and with the effect of deceiving or misleading the purchaser. No member of the industry shall sell an inferior product at a price appropriate for .such the a product of superior quahty selhng at a higher pnce will be delivered. However a seller acting in good faith and because of an actual unfore seen' shortage of the product sold,. may, in. order to service the customer, deliver a product of a quality supenor to the product sold.

PAGE 8

6 20. Imitation of 1'1'ade Etc.-No member of the Industry shall imitate or imulate another' 'put-up", trade mark, trade names, lo an and other marks of identification, including labe l s and the clr s of the good , which is intended to or does deceive or mi lead the purcha e r, or re ult in the commercial disadvantage to the owner of an already e tabli heel "put-up n, trade mark, trade names, looan , and other of i 1entification including labels and the dre . of the goods. 21. Fals e dispmagmcnt of 001np tito1's .-No member of the industry defame a competitor by fal ely imputing dishonorable con duc t, inability to perform contracts que tionable credit standing or b y other fal c repre entation or by fal ely eli paraging the grade or qualjty of hi good . 22. Use of Competitor 1/ eTchandise.-No member of the industry sha ll by purcha e or exchange acquire another manufacturer s mer chan li ... e from any c u s tomer or pro pective customer for the purpo e of ubstituting hi own m erchanli e or influencing the sale of mer -handise to such u tamer or pro pective customer, provided how ever, it shall not be an unfair tra le practice to acquire a sample of a competitors for the purpose of comparison or analy i . 23 . Aiding or Abetting Another in the Use of Unfai r Trade Prac tices.-N o member of the inclu try shall wilfully aid or abet another in any unfair trade practices . Approved Code N o . 44 1-Amemlment No. 1. R e gi. try No. 251-09. 0 II I II \i Ill\ Ill I I 3 1262 08482 8150