Citation
Code appendix for the cosmetic container manufacturing industry (subdivision of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on February 12, 1935

Material Information

Title:
Code appendix for the cosmetic container manufacturing industry (subdivision of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on February 12, 1935
Portion of title:
Cosmetic container manufacturing 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:
8 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Cosmetics containers -- 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. 1636-01."
General Note:
"Approved Code No. 84--Appendix No. 6."

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:
004938170 ( ALEPH )
649497867 ( OCLC )

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Approved Code No. 84-Appendix No. 6


NATIONAL RECOVERY ADMINISTRATION



CODE APPENDIX
FOR THE

COSMETIC CONTAINER

MANUFACTURING INDUSTRY

(Subdivision of the Fabricated Metal Products
Manufacturing and Metal Finishing
and Metal Coating Industry)

AS APPROVED ON FEBRUARY 12, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


For ale by the Supelintendent of Documents. Washington, D.C. - Price 5 cents


UNIV. OF FL Li@.
DOCU T1



U.&. E PO gTOMRY


Registry No. 1636--01
























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.
Birmingiihi:iii, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffaltl,, 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, Tenn.: 229 Federal Building.
Miinlieanlpli-., Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N. Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philnatdilphin. Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Ch0.mber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Fr;i'ri-:o, Calif.: 310 Customhouse.
Seattle, Wash.: u'J Federal Office Building.














Approved Code No. 84-Appendix No. 6


CODE APPENDIX
FOR THE

COSMETIC CONTAINER MANUFACTURING
INDUSTRY

As Approved on February 12, 1935


ORDER

APPROVING APPENDIX FOR THE COSMETIC CONTAINER 'A .-UFACTURING
INDUSTRY

A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND
METAL FINISHING AND METAL COATING 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, and in accordance with the
provisions of Section 4 of Article IV of the Code of Fair Competi-
tion for the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, approved November 2, 1933,
as amended June 1, 1934, for approval of an Appendix establishing
trade practice provisions for the Cosmetic Container Manufacturing
Subdivision of said Industry, and Notice of Opportunity to be Heard
having been duly publicized, and no objections having been received
thereon; and the annexed report on said Appendix to said Code con-
taining 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 authority
vested in it by Executive Orders of the President, including Execu-
tive Order No. 6859, dated September 27, 1934, and otherwise; does
hereby incorporate by reference said annexed report and does find
that said Appendix to said Code 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 Appendix
to said Code of Fair Competition be and it is hereby approved;
provided, that Section 8 thereof be and it hereby is stayed for a
period of twenty (20) days from the date hereof, and at the expira-
115347---1573-52--35 (1)






2

tion of that time it shall become effective unless good cause to the
contrary is shown to the National Industrial Recovery Board before
that date.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
Approval recommended:
KILBOURNE JOHNSTON,
Acting Division Administrator.
WASHINGTON, D. C.
February 12, 1935.













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on an Appendix to the Code of Fair Compe-
tition for the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, approved on November 2,
1933, and as amended on June 1, 1934.

GENERAL STATEMENT

The Cosmetic Container Manufacturing Industry, being truly rep-
resentative of this Subdivision of the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry,
has elected to avail itself of the option of operating under the Code
for the Fabricated Metal Products Manufacturing and Metal Finish-
ing and Metal Coating Industry, with the assistance of additional
fair trade practice provisions.

RESUME OF THE APPENDIX

Paragraph A. Definition, accurately defines the term Cosmetic
Container Mannufact during "
Paragraph B. Governing Body, sets up a governing body consist-
ing of members of the Subdivision and also provides for an Admin-
istration Member. This governing body is to be known as the
Subdivisional Committee for the Cosmetic Container Manufacturing
Subdivision.
Paragraph C. Effective Date, prescribes the effective date of the
Appendix.
TRADE PRACTICES

Section 1 provides that no member shall falsely classify any
product for the purpose of securing lower freight rates.
Section 2 prohibits the sale of or quotations on other products
and/or commodities, as a subterfuge toward disposing of products
of this Industry at less than the invoiced price plus all incidental
costs.
Section 3 provides that no member shall secure confidential infor-
mation by false or misleading statement or by bribery or any other
false method.
Section 4 makes it a violation for any member of the Industry to
use the term "advertising allowances when applied to any part of
price offer or to denote payment for the purchase of specific promo-
tion services.
Section 5 provides that no member of the subdivision shall grant
terms on payment of sales more favorable than net cash.








Section 6 makes it a violation for any member of the Industry to
publish or circulate threats of -uits for infringement of patents or
trade marks or any other legal proceedings not in good faith.
Section 7 prohibits the breach of a written contra.-t between a
competitor and his consumer.
Section 8 makes it a violation for any member of the Industry to
grant the right to purchasers to remove tools from the employer's
plant because of the payment by the pui'chai-er of fitting up charges
to cover the cost of such tools and fixtures made especially for an
order.
Section 9 prohibits the return by the purchaser of damaged or
shopworn merchandise without previous return authorization by the
said member of the subdivision.
Section 10 prohibits the making or offering to make contracts under
terms of which the cu-tomer shall have the right to take delivery
of any part or all of the goods after 90 days from date of first de-
livery; (provided, that contracts may be accepted for more extended
time.)
Section 11 prohibits the failure to invoke available legal remedies
upon breach of contract by a cu-tomer, for the purpose of securing
competitive advantage over other members of this subdivision.
Section 12 makes it a violation for any member of the Industry
to discriminate in price in favor of purchasers of goods for export
compared with domestic purclias-ers; provided, that nothing shall
prevent discrimination between purchasers that makes only due al-
lowance. for differences in grade, quality, or quantity of the com-
modity sold, or in the cost of selling or transportation.

FINDINGS
The Deputy Administrator in his final report to the board on said
Appendix to said Code having found as herein set forth and on the
basis of all the proceedings in this matter:
It has been found that:
(a) Said Appendix to said Code is well design,_-d to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of (ob-tructions to the free flow of interstate
and foreign c(cnilnerce which tend to diminish the amount thereof
and will provide for the general welfare by promoting the organiza-
tion of industry for the purpose of cooperative action among the
trade groups, by inducing and maintaining united action of labor
and management under adequate governmental sanctions and super-
vision, by eli ninnting unfair competitive pra;t ices, 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 in-
dustrial and agricultural products through increcaing purchasing
power, by reducing and relieving unemployment, by improving
standards of 1:ilor, and by otherwise rehabilitating industry.
(b) Said industry normally employs not. more than 50,000 em-
ploye.-; and is not cl:a-ified by the National Industrial Recovery
Board as a major indizstry.
(c) The Appendix to said Code as approved complies in all re-
spects with the pertinent provisions of said Title of said Act, includ-









ing without limitation Subsection (a) of Section 3, Subsection (a)
of Section 7, and Subsection (b) of Section 10 thereof; and that the
applicant association is an association truly representative of the
aforesaid Industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) The Appendix to said Code is not designed to and will not
permit monopolies or monopolistic practices.
(e) The Appendix to said Code is not designed to and will not
eliminate or oppress small enterprises and will not operate to dis-
criminate 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
Appendix to said Code.
For these reasons, therefore, this Appendix of said Code has been
approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
A dmin.ln nativee Officer.
FEB-UARY 12, 1935.













CODE APPENDIX FOR THE COSMETIC CONTAINER
MANUFACTURING INDUSTRY

A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING
AND METAL FINISHING AND METAL COATING INDUSTRY

Pursuant to Section 4 of Article IV of the Code of Fair Competi-
tion for the Fabricated Metal Products Manufacturing and Metal
Finishing and Metal Coating Industry, as amended, (the terms of
which apply to each member of the Cosmetic Container Manufac-
turing Industry Subdivision) the following provisions are estab-
lished as an Appendix to said Code of Fair Competition of the
Fabricated Metal Products Ma.lnufacturing and Metal Finishing and
Metal Coating Industry for the Cosmetic Container Mainufacturing
Subdivision of that Indu- t ry.
A. Defiition.-The term Cosmetic Container Manlfacturing"
is defined to mean the manufacture for sale of unfilled containers
made in whole or in part of metal (other than tin decorated con-
tainers or collapsible tubes), which are sold to the manufacturer of
toilet goods in order to be used for the holding of perfume, cosmetic,
and other toilet preparations.
B. Sv17,l;cL;.,ional Commnittee.-The members of the Subdivision
shall set up a Subdivisional Committee for the Co-ietic Container
Manufariitriing Subdivision, hereafter referred to as the Subdivi-
sional Committee ", con-i-tinig of as many members as may be deter-
mined by and in a manner -ati.factory to the Basic Code Authority
and the National Indii-t ri;l Recovery Board. The National Indus-
trial Recovery Board may appoint a member of the Subdivisional
Committee who shall be given reasonable notice of and may sit at
all meetings of the Subdivisional Committee, but who shall be with-
out vote and shall sor.le without expense to the Subdivision.
C. Effective Date.-This Appendix shall become eflfective ten (10)
days after its approval by the National Industrial Recovery Board.

TRADE PRACTICES

Any member of the Subdivision who directly or indirectly through
any offi':---r, employee, agenrit. or representative, violates or evades any
of the following trade practice provisions shall be guilty of violation
of this Code.
SFr"I'TI 1. Classifcation.-No member of the Subdivision shall
falsely cli--ify any product of this Subdivision as to nature thereof
for the purpose of -euring lower freight ratf-s.
Sl:.t>N 2. Comrbii,;,, n Sales.-No member of the Subdivision
shall sell or oiler to sell commoditie- other than proliucts of this
Sublivision for the purpose of infleiiiring a sale of products of this
Subdivi-ion at prices below the invoice price plus all incidental cost








of such products. If and when the products of this Subdivision are
sold in combination with products of other industries, the invoice
must clearly show the unit price of all articles listed.
SECTION 3. Espionage of Competitors.-No member of the Subdi-
vision shall secure or attempt to secure confidential information con-
cerning the business of a competitor by false or mistradiiin statement
or representation, by false imper-onnation of one in authority, by
bribery or by any other unfair method.
SECTION 4. Advertising Allowances.-No member of the Subdi-
vision shall use in a -ales agreement the term "advertising allow-
ances" when it is applied to any part of the price off'r or uswd
otherwise than to denote the payment for the purchase of specific
promotion services. No member of the Subdivision shall arrange for
advertising allowances except in agreements entirely separate and
distinct from sales agreements, nor shall any member grant adver-
tising allowances except as payments for specific promotion perform-
ances which are possible, practicable, and capable of being audited.
SECTION 5. Ternms.-No member of the Subdivision shall grant
terms of payment on sales more favorable than net cash, thirty (30)
days, or, if discount is allowed, such discount shall not be in excess of
two (2 -) percent, 10 days proximo, net 30 days. Bills must be dated
the day of shipment.
SECTION 6. Thr"-.ts of Litigation.-No member of the Subdivision
shall publish or circulate threats of suits for infringement. of patents
or trade marks or any other legal proceedings not in good faith, with
the tendency or effect of harassing competitors or intimidating their
customers.
SECTION 7. Interference u-;rh Another's Contracts.-No member of
the Subdivision shall induce or attempt to induce the breach of a
written contract between a competitor and his customer or source of
supply, or interfere with or obstruct the performance of contractual
duties or services covered by any such contract.
SECTION 8. Fitting up Charges.-No member of the Subdivision
shall grant the right to purchasers to remove tools from the employer's
plant because of the payment by the purchaser of fitting up charges
to cover the cost of such tools and fixtures made specially for an order.
The terms on fitting up charges shall be net cash. After a period of
two years without a reorder, unless otherwise mutually agreed upon,
the employer shall be at liberty to make any disposition or use of such
tools as he desires. No exception to this Section shall be allowed
except under circilum-t;anies to be defined by the Subdivisional Com-
mittee and approved by the National Industrial Recovery Board.
SECTION 9. Gowis Returned for Repair or R,,oniditioirning.-No
member of the Subdivision shall accept, after performing his part
of the agreement of sale, the return by the purchaser of damaged or
shopworn merchandise without previous return authorization by the
said member of the Subdivision. A charge to cover the cost of re-
conditioning and handling su<,h merchandise shall be made. Nothing
in this Section shall be construed to preclude the return of merchan-
dise when authorized by a member of the Sudivision due to defects
in workmanship or material.
SECTION 10. Contracts or Order for Extended Deliveries.-No
member of the Subdivision shall make or offer to make contracts,









or accept orders, under the terms of which the customers shall have
the right to take delivery of any part or all of the goods after 90
days from the estimated date that the first delivery would be avail-
able for shipment or in accordance with the manufacturer's ability
to produce, or to modify existing contracts or orders to include such
provisions; (provided, however, that contracts or orders may be
accepted for more extended deliveries at the customer's request if
provision is made for adjusting the price of undelivered portions at
the end of the first ninety (90) days above mentioned and at the
end of each three months' period thereafter, so that price during
each three months' period shall be higher or lower, as the case may
be, by an amount equal to the change in labor and/or material costs
entering into the manufacture of the product covered by the con-
tract of the individual member, as of the first day of the period in
comparison with these costs at the date when the contract was made
or the order tiken.)
SECTION 11. Completion and Can cellation of Conmtrae ls.-No mem-
ber of the Subdivision shall fail to invoke available legal remedies
upon breach of contract by a customer, for the purpose of securing
competitive advantage over other members of this Subdivision.
Nothing in this Section shall be construed to preclude reasonable
out-of-court settlements in cases of breach of contract.
SECTION 12. Export Prices.-No member of the Subdivision shall
discriminate in price in favor of purchasers of goods for export as
compared with domestic purchasers; provided, however, that nothing
herein shall prevent discrimination between purchasers that makes
only due allowance for difference in the grade, quality or quantity
of the commodity sold or differences in the cost of selling or trans-
portation. Export trade as used herein is defined to mean export
trade as the term is used in the Export Act of 1918.
Approved Code Nip. 84-Appendix No. 6.
Re'_istry No. 1636-01.







UNIVERSITY OF FLORIDA
IIIIIIII1lIIII HII I8 Ill I ll1111111111
3 1262 08584 7241




Full Text

PAGE 1

Approved Code No. 84-Appendix No.6 Registry No. 1636-o1 NATIONAL RECOVERY ADMINISTRATION CODE APPENDIX FOR THE COSMETIC CONTAINER MANUFACTURING INDUSTRY (Subdivision of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON FEBRUARY 12, 1935 WE DO OUR PART I I I 0 -= ---' --U.v. UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1935 i'or sale by the Supetintendent of Documents, Washington, D. C. -• • ---Pric e 5 cent8

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. : 1 801 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. Jacksonv ill e, Fla.: Chamber of Commerce Building. Kan as 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 Orleavs, 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. Loui , l\Io.: 506 Oliv Street. San Francisco, Calif. : 310 Customhouse. Seattle, 809 Federal Office Building.

PAGE 3

Approved Code No. 8 4-Appendix No. 6 CODE APPENDIX FOR THE COSMETIC CONTAINER MANUFACTURING INDUSTRY As Approved on February 12, 1935 ORDER APPROVING APPENDIX FOR THE CosMETIC CoNTAINER MANUFACTURING I NDUSTRY A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANID'ACTURING AND METAL FINISHING AND METAL COATING I.r DUSTRY An application having been duly made pursuant to and in full c ompliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933, and in accordance with the provisions of Section 4 of Article IV of the Code of Fair Competi tion for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, approved No ve mb e r 2, 1933, as amended June 1, 1934, for approval of an Appendix establishing trade practice provis ions for the Cosmetic Container Manufacturing Subdivis ion of said Industry, and Notice of Opportunity to be Heard having been duly publicized, and no objections having been received thereon; and the annexed report on said Appendix to said Code containing findings with r espect 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 Exec utive Orders of the President, including Execu tive Order No. 6859, dated Septemb er 27, 1934, and otherwise; does hereby incorporate by reference said annexed report and does find that said Appendix to said Code com plies in all r espects with the pertinent provisions and will promote the policy and purposes of said Title of said A ct; and does hereby order that said Appendix to said Code of Fair Competition be and it is hereby approved; provided, that Section 8 thereof be and it hereb y is stayed for a period. of twenty (20) days from the date hereof, and at the expira-1153470----1573-52----35 (1)

PAGE 4

2 tion of that time it shall b-ecome effective unless goo d cause to the contrary i s shown to the National Industrial Recovery Board before that date. NATIONAL INDUSTRIAL RECOVERY BoARD, By W. A. HARRIMAN, Administrative Offic er . Approva l recommended: KILBOURNE JOHNSTON, . Acting Division Ad1ninistrat o r . WASHINGTON, D. c. February 1 2 , 19 3 5.

PAGE 5

REPORT TO THE PRESIDENT The PRESIDEKT, The W kite Hous e . Srn: This is a report on an Appendix to the Code of Fair Compe tition for the Fabricated Products and Finishing and Metal Coating Industry, approved on November 2, 1933, and as am ended on June 1, 1934. GENERAL STATEMENT The Co sme tic Container l\1anufacturing Industry, being truly rep resentative of this Subdivisi on of the Fabricate d Metal Products l\1anufacturing and Metal Finishing and Coating Industry, has elected to avail itself of the option of operating under the Code for the Fabricated Metal Products and l\1etal Finishing and M etal Coating Industry, with the assistance of additional fair trade practice provisions. RESU1VJ:E OF THE APPE:N DIX Paragraph A. Definition, accurately defines the term "Cosmetic Container Manufacturing." Paragraph B. Governing Body, sets up a governing body consisting of members of the Subdivis ion and also provides for an Administration This governing body is to be known as the Subdivisional Committe e for the Cosmetic Containe r l\1anufacturing Subdivision. Paragraph C. Effective Date, pre cr ibes the effective date of the Appendix. TR DE PRACTICES Section 1 provides that no member hall falsely classify any product for the purpose of securing lower freight rates. Section 2 prohibits the sale of or quotations on other products and/ or commodities, as a subterfuge toward disposing of products of this Industry at le s than the invoi ced price plu all incidental costs. Section 3 provide that no m e mber hall secu re confidential information by :false or misleading tatement or by bribery or any other false method. Section 4 makes it a violation :for any mem be r of the Industry to use the term" advertising allowances ' when applied to any part of price offer or to denote payment :for the purcha e of specific promotion services. Section 5 provides that no member of the subdivision shall grant terms on payment of sales more :favor ab le than net cash . (3)

PAGE 6

4 Section G make it a violation for member of the Indu try to publi h or circulate threat of uits for infringement of patents or trade marks or an other l egal proceeding not in good faith. Section 7 prohibits the breach of a written contra t between a competitor and hi consumer. Section 8 make it a violation for any member of the Indu try to grant the right to purchasers to remove tools from the employers plant because of the payment by the purchaser of fitting up charges to cover the co t of such tool and fixture made e pe"ially for an order. Section 9 prohibits the return by the purchaser of damaged or shopworn merchandise without previous return authorization by the said member of the subdivision . Section 10 prohibits the making or o:fferina to make contracts under term of which the customer shall have the right to take delivery of any part or all of the goods after 90 days from date of first de li ery; (provided, that contracts may be accepted for more extended time.) Section 11 prohibits the failure to invoke available legal remedies upon breach of contract by a customer for the purpo e of securing competitive advantage over other members of thi ubdivision. Section 12 makes it a violation for any member o f the Industry to di criminate in price in fa or of purcha ers of good for export compared with domestic purchasers; provided that nothing shall prevent discrimination bet\\een purchasers that makes only due al lowance for differences in grade quality, or quantity of the commodity sol d, or in the cost of selling or transportation. FI TDINGS The Deputy Admini trator in his final report to the board on sai d Appendix to said Code having found as herein et forth and on the basis of all the proceedings in this matter: It ha been found that: (a) Said Appendix to said ode i s w ll designed to promote the policies and purpo e of Title I of the ational In lustrial Recovery Act, includina removal of ob truction tD the free flow of interstate and forei0n commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of indu tr. for the purpo e of cooperative ac ion among the trade groups, by inducing and maintaining united action of labor and managem nt un er adequate goYernmental anctions and uper vision by elirninatina unfair competitive pra tice , by promoting the fulle t pos ible utilization of the pr ent productive capacity of indu trie b avoiding undue re tri tion of produ tion (except as may be emporarily required) by incr a ina the consum tion of inn trial and agricultural produ t throuO'h incr asinO' pur ha ing power by r u inO' an reli ing unemploym nt, by irnpr ving tandar of la or and by oth rwi r habilitatin industry. (b) aid in u try normally mpl not more than 50 000 m-ploy e an i not la ifi d b th N a i nal Indu trial R co ery Bo rd a . a major indu try. (c) The Ap en i t aid ode as approv d complies in all r -pect ' ith th p r in nt pro i ions o sail Titl f aid Act, inclu -

PAGE 7

5 incr without limitation Subsection (a) o:f Section 3, Subs e ction (a) of Section 7 and ub ction (b) of Section 10 thereof; and that the applicant a s ociation is an association truly representative of the afore aid Industry; and that said association imposes no inequitable restrictions on admis s ion to membership therein. (d) The Appendix to said Code is not de i g n e d to and will not permit mono polies or m0nopoli s tic practices. (e) The Appendix to said Code is not d e igne d to and will not eliminate or oppress small enterpri es and will n o t operate to discriminate against them. (f) Those engaged in other t e ps of the economic proces s h ave n o t been deprived of the right to be heard prior to approv al of said Appendix to said Code . .For these reasons, therefore , this Appendix of said Code has been approved. For the National Industrial Recovery Board: FEBRUARY 12, 1935. w. A. HARRIMAN, Admiruistratilve Otficerr.

PAGE 8

CODE APPENDIX FOR THE COS:METIC CONTAINER MANUFACTURING INDUSTRY A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND METAL FINISHING AND METAL COATING INDUSTRY Pursuant to Section 4 of Article IV of the Code of Fair Competi tion for the Fabricated Metal Pro lucts Manufacturing and Metal Finishing and Metal Coating Industry, as amended, (the terms of which apply to each member of the Cosmetic Container turing Industry Subdivision) the following provisions are estab lished as an Appendix to said Code of Fair Competition of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry for the Co metic Container Subdivision of that Industry. A. Definition.-The term " Co sme tic Container Manufacturing " is defined to mean the manufacture for sa le of unfilled containers made in whole or in part of metal (other than tin decorated containers or collapsible tubes), which are sold to the manufacturer of toilet goods in order to be used for the holding of perfume, cosmetic, and other toilet preparations. B. Subdivisional Oonw&ittee.-The members of the Subdivision shall set up a Subdivisional Committee for the Cosmet ic Container Manufacturing Subdivision, hereafter referred to as the "Subdivisional Committee", consisting of as many members as may be deter mined by and in a mann r satisfactory to the Busic Code Authority and the National Industrial Recovery Board. The National Industrial Recovery Board may appoint a memb er of the Subdivisional Committee who shall be given reasonable notice of and may sit at all meetings of the Subdivisional Committee, but who shall be without vote and hall erve without expense to the Subdivision. C. Effective Date.-This Appendix shall become eff ctive ten (10) days after its approval by the National Industrial Recovery Board. TRADE PRACTICES Any member of the Subdivi s ion who directly or indirectly through any officer, employee, agent, or representative violat or vades any of the following trade pra tice provision hall be guilty of violation of this Co le. SECTION 1. Olas 1'-{ication.-N o member of the Subdivi ion hall fals ly cla ify any 1 rodu t of thi Sub Evi ion as to nature th re f for the purpose of s curinO' lo wer freioht rate . . .. SEcTION 2. Combination Sales.-No m mber of th ubd1v1 wn shall e ll or offer to sell con mo 1iti . other than produ t of this Sub ( livi i n f r th purp e of influen ing a . al :f produ ts f this Sub ivi ion at pri b 1ow the jnvoic prj plu all in id ntal co t (6)

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7 of s u ch product . I an l when the product of this ubdivision are sold in oml>ination with product of other indu tries, the invoice must learly show the unit price of all articl li te . E TION 3 . E pionage of Competitors.-o member of the Subdi vision hall ecure or attempt to e ure confidential information concerning the bu ine of a competitor by fal e or mi l ading tatement or representation by fal e imper onation of one in authority, by bribery or b any other unfair method. ECTION 4. Advertising Allowances.-No m mber of the Su di vision hall use in a ale agreement the term ad\erti ing allow ance ' when it i appli d to an part of the price offer or u ed otherwi e than to denote the pa 7men t for the purcha e o:f specific promotion services . No member o:f the Subdivision hall arrange for ad-vertising allowance except in agreement entirely separate and di tinct :from ale agreements nor shall any member grant adver tisincr allowances except as payments for specific promotion performances which are po ible practicable, and capable of bejng audited. SECTION 5. Terms. No member of the Subdivision hall grant terms o:f payment on ales more fa,orable than net ca h, thirty (30) days, or if discount is allowed, such di count shall not be in exce s of two (2%) percent 10 days proximo net 30 da s. Bill must be dated the day of shipment. S:r.cTioN 6 . Threats of Litigation. -No member of the ubdinsion shall publish or circulate threat of uits for infringement of patents or trade marks or any othe r legal proceedings not in good :faith, with t he tendenc or effec t o:f ha.rassing competitors or intimidating their custome r s . SECTION 7. I nterference with Another's ContrMts. No member of the ubdivi ion shall induce or attempt to induce the breach of a w r itten contra t between a competitor and hi cu tomer or source of supply or interfere with or ob truct the performance of contractual du ies or en"'ices co\ered by an uch contrac . SECTION 8. Fittin g up Charges. No member of the Subdivi ion shall grant the right to purcha er to remove tool s from the employers plant becau e of the payment by the purcha er of fitting up charges to cover the co t of such too l and fixtures made pecially for an order. The terms on fitting up charge shall be net ca h. After a period of two year without a reorder unle ss otherwi e mutually agreed upon, the employer shall be at liberty to make any di po ition or u e of uch tools a he de ire . No exception to thi Section shall be allowed except under circumstance to be defined by the Subdivi ional Com mittee and approved by the X ationa l Indu trial Recovery Board. ECTION 9. Goods R etu rned for R ep air or R econ ditioning .-No member of the Subdivi ion hall accept after performing hi part of the agreement of ale the return by the purcha er of damaged or shopworn merchandi e without previou return authorization by the aid member of the Subdivi ion . A charge to co\er the cost of re conditioning and handling such merchandi e shall be made. Nothing in thr Section hall be con trued to preclude the return of merchan di e when authorized by a member of the Subdivi ion due to defects in workman hip or material. SECTION 10. Contracts or Ord er for Exte nded Deliveries.-No member of the Subdi i ion shall make or offer to make contracts,

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8 or accept orders, under the terms of which the customers shall have the right to take delivery of any part or all of the goods after 90 days from the estimated date that the first delivery would be avail able for shipment or in accordance with the manufacturer's ability to produce, or to modify existing contracts or orders to include such provisions; (provided, however, that contracts or orders may be accepted for n1ore extended deliveries at the customer's request if provision is made for adjusting the price of undelivered portions at the end of the first ninety (90) days above mentioned and at the end of each three months' period thereafter, so that price during each three months' period shall be higher or lower, as the case may be, by an amount equal to the change in labor and/or material costs entering into the manufacture of the product covered by the contract of the individual member, as of the first day of the period in comparison with these cos ts at the date when the contract was made or the order t a k e n.) SECTION 11. 001npl e tion and Ca n c e llation of Oont r a c ts.-No member of the Subdivis ion shall fail to invoke available legal remedies upon breach of contract by a customer, for the purpose of securing eompetitive advantage over other members of this Subdivision. Nothing in this Section shall be construed to preclude reasonable out-of-court settlements in cases of breach of contract. SECTION 12. E x port Prices.-No member of the Subdivision shall discriminate in price in favor of purchasers of goods for export as compared with domestic purchasers; provided, however, that nothing Jterein hall I revent discrimination between purchasers that makes only due allowance for difference in the grade, quality or quantity of the commodity sold or differences in the cost of selling or transportation. " Export trade " as used herein is defined to mean export trade as the term is u sed in the Export Act of 1918. Appro v e d C o d e N o . 84-Appendix No. 6. Reg i stry No. 163G-Ol. 0

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UNIVERSITY OF FLORIDA II I II \\\\\1 \II Ill IIIII IIIII II IIIII\ II IIIII\ II IIIII IIIII \Ill Ill I I 3 1262 08584 7241