Citation
Supplemental code of fair competition for the advertising metal sign and display manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on April 20, 1934

Material Information

Title:
Supplemental code of fair competition for the advertising metal sign and display manufacturing industry (a division of the fabricated metal products manufacturing and metal finishing and metal coating industry) as approved on April 20, 1934
Portion of title:
Advertising metal sign and display 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:
10 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Signs and signboards -- Law and legislation -- United States ( lcsh )
Plaques, plaquettes -- 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. 1702-2-06."
General Note:
"Approved Code No. 84--Supplement No. 17 ; Corrected copy."

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:
004938283 ( ALEPH )
649693722 ( OCLC )

Full Text


Approved Code No. 84-Supplement No. 17
Corrected Copy


Registry No. 1702-2-06


NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTAL
CODE OF FAIR COMPETITION

FOR THE

ADVERTISING

METAL SIGN AND DISPLAY

MANUFACTURING INDUSTRY


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

AS APPROVED ON APRIL 20, 1934


WE DO OUR PART


UNIV. OF FL L. L
DOCUM. DENPTO




U.S. DEPO ITOR!.
a~~ E


GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


_ ~I_~ ___ i


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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, 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.








Approved Code No. 84-Supplement No. 17


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

ADVERTISING METAL SIGN AND DISPLAY
MANUFACTURING INDUSTRY

As Approved on April 20, 1934


ORDER

APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE
ADVERTISING METAL SIGN AND DISPLAY MANUFACTURING INDUSTRY
A DIVISION 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 Indus-
trial Recovery Act, approved June 16, 1933, and in accordance with
Section 1 of Article VI of the Basic Code for the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry, approved November 2, 1933, for approval of a Supple-
mentary Code of Fair Competition for the Advertising Metal Sign
and Display Manufacturing Industry; and hearings having been duly
held thereon; and the annexed report on said Supplementary Code,
containing findings with respect thereto, having been made and
directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I. Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Supplementary Code complies
in all respects with the pertinent provisions and will promote the
policy and purposes of said Title of said Act; and do hereby order
that said Supplementary Code of Fair Competition be and it is here-
by approved. This Order and approval shall take effect fifteen
(15) days after the effective date unless good cause to the contrary
be shown to the Administrator in Room 4217, Commerce Building,
Washington, D. C., before that time and the Administrator issues
a subsequent order to that effect.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
A. R. GLANCY,
Division Administrator.
WAHINGTON, D.C.,
April 20, 1934.
88M2---44--74--- I








REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on the Supplementary Code of Fair Compe-
tition for the Advertising Metal Sign and Display Manufacturing
Industry a division of the Fabricated Metal Products Manufactur-
ing and Metal Finishing and Metal Coating Industry, and on the
hearing conducted thereon in Washington, D.C., March 30, 1934,
in accordance with the provisions of Title I of the National Indus-
trial Recovery Act.
GENERAL STATEMENT
The Advertising Metal Sign and Display Manufacturing Industry,
being truly representative of this division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry, lhs elected to avail itself of the option of submitting a
Supplementary Code of Fair Practice as provided for in Section 1
of Article VI of the Basic Code, for the Fabricated Metal Products
Manufacturing and Metal Finishing and Metal Coating Industry
approved by you on the second day of November, 1933.

RESUiME OF THE CODE
Article I states the purpose of the Supplementary Code.
Article II accurately defines specific terms employed in the
Supplementary Code.
Article III. This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and the labor provisions of the Basic Code, as approved
November 2, 1933, are the labor provisions of this Supplementary
Code.
Article IV, establishes a Supplementary Code Authority consist-
ing of six (6) members of the Advertising Metal Sign and Display
Manufacturing Association or its successor, and one (1) member
chosen from the Industry by the vote of the members thereof, and
gives the Administrator the authority to appoint one (1) additional
member without vote and provides machinery for obtaining statistics
and the administration of the Supplementary Code.
Article V sets forth the cost provisions of this Supplementary
Code.
Article VI sets forth the fair trade practices of this Supplementary
Code which has been especially designed to effect fair competition
in this division of the Industry.
Article VII contains the mandatory provisions contained in Sec-
tion 10 (b) of the Act and also provides for the submission of
proposed amendments to the Code.
Article VIII provides against monopolies and monopolistic
piract ices.
Article IX sets forth that price increases be limited to actual addi-
tional increases in sellers' costs.








FINDINGS
The Deputy Administrator in his final report to me on said Sup-
plementary Code having found as herein set forth and on the basis
of all the proceedings in this matter:
I find that:
(a) Said Supplementary Code is well designed to promote the
policies and purposes of Title I of the National Industrial Recovery
Act, including removal of obstructions to the free flow of inter-
state and foreign commerce which tend to diminish the amount
thereof and will provide for the general welfare by promoting the
organization of industry for the purpose of cooperative action
among the trade groups, by inducing and maintaining united action
of labor and management under adequate governmental sanctions
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 con-
sumption of industrial and agricultural products through increasing
purchasing power, by reducing and relieving unemployment, by im-
proving standards of labor, and by otherwise rehabilitating industry.
(b) Said Industry normally employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) The Supplementary Code as approved complies in all respects
with the pertinent provisions of said Title of said Act, including
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 industrial association truly representative
of the aforesaid Industry; and that said association imposes no
inequitable restrictions on admission to membership therein.
(d) The Supplementary Code is not designed to and will not per-
mit monopolies or monopolistic practices.
(e) The Supplementary 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
Supplementary Code.
The Industry requested that it be included under the Code of
Fair Competition for the Marking Devices Industry, and this was
considered at a Public Hearing in connection with certain proposed
amendments to the Marking Devices Industry Code. Later the
Industry felt it should come under the Basic Code of Fair Competition
for the Fabricated Metal Products Manufacturing and Metal Finish-
ing and Metal Coating Industry and a Public Hearing was held
March 30, 1934, to consider and decide this request. I have placed
a fifteen (15) day stay on my approval in order that all interested
persons shall have due notice of my approval and an opportunity
to protest.
Respectfully,
HUGH S. JOHNSON, Administrator.
APam 20, 1934.












SUPPLEMENTARY CODE OF FAIR COMPETITION FOR
THE ADVERTISING METAL SIGN AND DISPLAY MAN-
UFACTURING INDUSTRY

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

ARTICLE I--PURPOSES
To effectuate the policies of Title I of the National Industrial
Recovery Act, this Code is established as a Supplementary Code of
Fair Competition for the Advertising Metal and Display Manufac-
turing Industry. Pursuant to Article VI of the Basic Code of Fair
Competition for the Fabricated Metal Products Manufacturing and
Metal Finishing and Metal Coating Industry, approved by the Presi-
dent on the 2nd day of November, 1933, the provisions of this Sup-
plementary Code shall be the standards of fair competition of such
industry and shall be binding upon every member of the Industry.

ARTICLE II-DEFINITIONS
SECTION 1. The term "The Advertising Metal Sign and Display
Manufacturing Industry or Industry" is defined to mean the
manufacturing of advertising signs and advertising or merchandis-
ing displays which are fabricated entirely, or in substantial part,
of metal processed or decorated with lacquers, paint, inks, or other
similar materials by means of production methods ordinarily used
in the making of metal signs or displays in quantities of like size
and design. It shall also be defined to cover and include the making
and/or the furnishing of incidental signs and display accessories,
such as erecting materials, brackets, supplementary imprint panels,
and lettering of imprints, without limitation of number.
SEC. 2. The term Member of the Industry as used herein in-
cludes, but without limitation, any individual, partnership, asso-
ciation, corporation, or other form of enterprise engaged in the
Industry, either as an employer or on his or its own behalf.
SEC. 3. The term "employee" as used herein includes any and all
persons engaged in the Industry, however compensated, except a
member of the Industry.
SEC. 4. The term employer as used herein includes anyone by
whom any such employee is compensated or employed.
SEc. 5. The terms "Act" and "Administrator" as used herein
mean, respectively, Title I of the National Industrial Recovery Act,
and the Administrator for Industrial Recovery.
SEC. 6. The term President "as used herein means the President
of the United States.
*SEc. 7. The term Basic Code" as used herein means the Basic
Code of Fair Competition for the Fabricated Metal Products Manu-








facturing and Metal Finishing and Metal Coating Industry, ap-
proved by the President of the United States on the 2nd day of
November, 1933.
SEC. 8. The term Supplementary Code Authority" as used
herein shall mean the agency which is to administer this Supple-
mentary Code, as hereinafter provided.
SEC. 9. The term Supplementary Code Authority's Agency as
used herein shall mean the Secretary of the Advertising MetalSign
and Display Manufacturer's Association or his successor, or any other
person whom the Supplementary Code Authority may designate.
SEC. 10. The term "Association as used herein shall mean the
Advertising Metal Sign and Display Manufacturer's Association or
its successor.
SEC. 11. The term "Federation" as used herein shall mean the
Fabricated Metal Products Federation or its successors.

ARTICLE III-LABOR PROVISIONS
SECTION 1. This Industry is a division of the Fabricated Metal
Products Manufacturing and Metal Finishing and Metal Coating
Industry and without limitation the wage, hours and labor pro-
visions in Article III of its Basic Code as approved by the President
on November 2nd, 1933, including Section 1 of said Article III by
which the provisions of Sub-Sections (1) (2) and (3) of Section
7 (A) of Title I of the Act are made conditions of the Code, are
specifically incorporated herein and made a part hereof as the wage.
hour and labor provisions of this Supplementary Code.

ARTICLE IV-ADMINISTRATION
SECTION 1. Pending the selection of the permanent Supplementary
Code Authority, which shall be made, as hereinafter provided, within
sixty (60) days following the effective date of this Supplementary
Code, the Code Committee of the Association shall constitute a tem-
porary Supplementary Code Authority.
SEC. 2. A permanent Supplementary Code Authority is hereby
established, consisting of seven (7) members to be selected within
the above mentioned sixty (60) day period and to be elected in the
following manner:
(a) Six (6) members of such Supplementary Code Authority, who
shall be members of the Industry and members of the Association.
shall be nominated and elected by the members of the Association.
(b) One (1) member of such Supplementary Code Authority, who
shall be a member of the Industry and a non-member of the Associa-
tion (provided that there are such members of the Industry who
are not members of the Association) shall be nominated and elected
by the members of the Industry who are non-members of the
Association.
Members of the Supplementary Code Authority shall be nominated
and elected at a meeting called by the temporary Supplementary
Code Authority, upon thirty (30) day's notice by mail to all known
members of the Industry, who may vote in person or by proxy, or
by letter ballot. Each member of the Industry shall have one vote.
and the election shall be by a majority of the ballots cast.







In the event that the non-members of the Association fail to nomi-
nate and elect such non-association member of the Supplementary
Code Authority, such member shall be nominated and elected by the
members of the Industry, then present in person or by proxy.
The members of the Supplementary Code Authority first selected
shall serve until the time of the following annual meeting of the
Association. Thereafter, members of the Supplementary Code Au-
thority shall be nominated and elected at a meeting of the Industry
held at the same time and place as the annual meeting of the Associa-
tion, and shall serve for a period of one year or until their successor
shall qualify.
It shall be the duty of the Supplementary Code Authority to give
thirty (30) days notice, by mail, to all known members of the Indus-
try, of the time and place of such meetings of the Industry.
Vacancies occurring in the membership of the Supplementary Code
Authority shall be filled by a. majority vote of the remaining members
of the Supplementary Code Authority.
In addition thereto, the Administrator may appoint one member of
the Supplementary Code Authority who shall be without vote.
SEC. 3. Each trade or industrial association directly or indirectly
participating in the selection or activities of the Supplementary
Code Authority shall (1) impose no inequitable restrictions on mem-
bership, and (2) submit to the Administrator true copies of its
Articles of Association, by-laws, regulations, and any amendments
when made thereto, together with such other information as to
membership, organization; and activities as the Administrator may
deem necessary to effectuate the purposes of the Act.
SEC. 4. In order that the Supplementary Code Authority shall at
all times be truly representative of the Industry and in other respects
comply with the provisions of the Act, the Administrator may pre-
scribe such hearings as he may deem proper; and thereafter if he
shall find that the Supplementary Code Authority is not truly repre-
sentative or does not in other respects comply with the provisions
of the Act, may require an appropriate mollification of the method
of election of the Supplementary Code Authority.
SFC. 5. Members of the Industry shall be entitled to share the
benefits of the activities of the Supplementary Code Authority and
to participate in the selection of the members thereof by assenting
to and complying with the requirements of this Supplementary Code
and sustaining their reasonable share of the expenses of its admin-
istration. Such reasonable share of the expenses of administration
shall be determined by the Supplementary Code Authority subject
to review by the Administrator, on the basis of volume of business
and/or such other factors as may be deemed equitable.
Src. 6. Nothing contained in this Supplementary Code shall con-
stitute the members of the Supplementary Code Authority partners
for any purpose. Nor shall any members of the Supplementary
Code Authority be liable in any manner to anyone for any act of
any other member, officer, agent or employee of the Supplementary
Code Authority. Nor shall any member of the Supplementary
Code Authority, exercising reasonable diligence in the conduct of
his duties hereunder, be liable to anyone for any action or omission
,to act under this Supplementary Code, except for his own willful
malfeasance or non-feasance.







SEC. 7. If the Administrator determines that any action of the
Supplementary Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator may
require that such action be suspended to afford an opportunity for
investigation of the merits of such action and further consideration
by such Supplementary Code Authority or agency, pending final
action which shall not be effective unless the Administrator approves
or unless he shall fail to disapprove after thirty days' notice to
him of intention to proceed with such action in its original or modi-
fied form.
POWERS AND DUTIES

SEc. 8. The Supplementary Code Authority shall have the fol-
lowing further powers and duties:
(a) Subject to such rules and regulations as may be prescribed
by the Administrator to adopt by-laws, rules and regulations for
its procedure and for the administration of the Supplementary
Code.
(b) To use such.trade associations and other agencies as it deems
.proper for the carrying out of any of its activities provided for
herein, provided that nothing herein shall relieve the Supplementary
Code Authority of its duties or responsibilities under this Supple-
mentary Code and that such trade associations and agencies shall at
all times be subject to and comply with the provisions hereof.
(c) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
codes as may be related to the Industry for the purpose of formu-
lating fair trade practices to govern the relationship between pro-
duction and distribution employers under this code and under such
others to the end that such fair trade practices may be proposed
to the Administrator as amendments to this Supplementary Code
and such other Codes.
(d) To cooperate with the Administrator in regulating the use
of the N.R.A. Insignia solely by those employers who have assented
to and are complying with this Supplementary Code.
(e) To initiate, consider, and make recommendations for the mod-
ification or amendment of this Supplementary Code.
(f) To obtain from members of the industry such information
and reports as are required for the administration of the Supple-
mentary Code. In addition to information required to be sub-
mitted to the Supplementary Code Authority, members of the indus-
try subject to this Supplementary Code shall furnish such statistical
information as the Administrator may deem necessary for the pur-
poses recited in Section 3 (a) of the Act to such Federal and State
agencies as he may designate; provided that nothing in this Sup-
plementary Code shall relieve any member of the industry of any
existing obligations to furnish reports to any government agency.
No individual report shall be disclosed to any other member of the
industry or any other party except to such other governmental
agencies as may be directed by the Administrator.
S(g) To secure from members of the industry an equitable and
proportionate payment of the reasonable expenses of maintaining
the Supplementary Code Authority and its activities.







ARTICLE V-CoSrs

The Supplementary Code Authority shall cause to be formulated
an accounting system and methods of cost finding and/or estimating
capable of use by all members of the industry. After such system
and methods have been formulated and approved by the Adminis-
trator, full details concerning them shall be made available to all
members. Thereafter all members shall determine and/or estimate
costs in accordance with the principles of such methods.
ARTICLE VI-TRADE PRACTICES

The following Acts as described supersedes Article V of the
Basic Code and shall constitute Unfair Methods of Competition and
are prohibited.
SECTION 1. Selling Below Cost.-The selling of products below
the cost thereof except to meet the selling price of any lower cost
producer or importer who is not violating the provisions of the Basic
Code or this Supplementary Code. Costs in all cases shall be deter-
mined in accordance with a system of accounting as referred to in
Article V.
SEC. 2. Secret Rebates.-Withholding from, or inserting in any
invoice a false record, wholly or in part, of the transaction repre-
sented on the face thereof, and the payment or allowance of secret
rebates, secret refunds, secret credits, unearned discounts (whether
in the form of money or otherwise).
SEC. 3. Defamation.-Defaming competitors by falsely imputing
to them dishonorable conduct, inability to perform contracts, ques-
tionable credit standing, or by other false representations or by the
false disparagement of the grade or quality of their goods.
SEC. 4. Usurpation..-To imitate or simulate the trade mark, trade
name, package, wrapper, or label of a competitor's product to such
a degree as to deceive or have a tendency to deceive customers.
SEO. 5. Cdomrercial Bribery.-Giving, permitting to be given, or
directly offering to give, anything of value for the purpose of influ-
encing or rewarding the action of any employee, agent, or representa-
tive of another in relation to the business of the employer of such
employee, the principal of such agent or the represented party, with-
out the knowledge of such employer, principal, or party. This
provision shall not be construed to prohibit free and general distri-
bution of articles commonly used for advertising, except so far as
such articles are actually used for commercial bribery, as hereinabove
defined.
SEO. 6. False Marking and Branding.-False marking or brand-
ing of any product of the Industry which has the tendency to mislead
or deceive customers or prospective customers, whether as to the
grade, quality, quantity, substance, character, nature, origin, size,
finish, or preparation of any product of the Industry, or otherwise.
SEO. 7. misrepresentationn or False MVisleading Advertising.-Mak-
ing, causing, or knowingly permitting to be made or published any
false, materially inaccurate, or deceptive statement by way of ad-
vertisement or otherwise, whether concerning the grade, quality,








quantity, substance, character, nature, origin, size, finish, or prepara-
tion o any product of the Industry, or the credit terms, values,
policies, or services of any member of the Industry, or otherwise.
having the tendency or capacity to mislead or deceive customers or
prospective customers.
SEC. 8. Giving of Guarantees.-Since no guarantees as to the
durability of the Industry's products are made by reputable paint
or other supply houses in respect to materials purchased for this
Industry's products, and, further, since this Industry has no control
over climatic or atmospheric conditions or places where its products
are distributed, no member of the Industry shall guarantee the
durability of any product of the Industry; provided, however, that
nothing in this Section 8 shall be construed to prevent reasonable
guarantees as to workmanship.
SEC. 9. Estimating.-Estimating the cost of framed or unframed
metal signs on a square foot basis. Each size of metal signs shall be
figured on its own merits, accordingly to the material required.
SEC. 10. Quotation.-Permitting any salesman to represent a mem-
ber of the Industry without designating to the salesman the mini-
mum selling price to all buyers of the Industry's products.
SEC. 11. Terms.-Granting terms other than net cash thirty (30)
days or, if discount is allowed, such discount shall not be in excess
of one (1%) percent for cash, in ten (10) days or within such period
as a customer uniformly discounts his bills. All goods shall be sold
F.O.B. point of manufacture with no freight allowance or equali-
zation and where a customer insists upon a delivered price, full
transportation charges shall be included in the selling price.

ARTICLE VII-MONOPOLIES

No provision of this Supplementary Code shall be so applied to
permit monopolies or monopolistic practices, or to eliminate, oppress,
or discriminate against small enterprises.

ARTICLE VIII-MODIrFICATIONS

SECTION 1. This Supplementary Code and all the provisions
thereof are expressly made subject to the right of the President, in
accordance with the provisions of Subsection (b) of Section 10 of
the Act, from time to time to cancel or modify any order, approval,
license, rule, or regulation issued under Title I of said Act.
SEC. 2. Such of the provisions of this Supplementary Code as are
not required to be included therein by the Act may, with the
approval of the Administrator, be modified in such manner as may
be indicated by the needs of the public, by changes in circumstances,
or by experience. Such modification to be based upon application
to the Administrator after such notice and hearing as he may
specify; and become effective on approval by the President.







AurcLE IX-PmcE INCREASES

Whereas the policy of the Act to increase real purchasing power
will be made more difficult of consummation if prices of goods and
services increase as rapidly as wages, it is recognized that a price
increase except such as may be required to meet individual cost
should be delayed but when made, such increase should, so far as
possible, be limited to actual increase of the seller's cost.

ArmcLE X-EFFECTIVE DATE

This Supplementary Code shall become effective at 12:01 AM.,
an the tenth day after its approval by the President.
Approved Code No. 84-Supplement No. 17.
Registry No. 1702-2-06.







UNIVERSITY OF FLORIDA
1111 3 IIII111Nll1|lEl111262 08584 7738
3 1262 08584 7738




Full Text

PAGE 1

Approved Code No. 84-Supplement No. 17 Corrected Copy Registry No. 1702-2-06 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTAL CODE OF FAIR COMPETITION FOR THE ADVERTISING METAL SIGN AND DISPLAY MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON APRIL 20, 1934 WE DO OUR PART ' . . U .. 0EPO~TO :' YNfll-ED-STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale b y the Superintendent of Documents. Wasbine;ton, D.C. Ptice 5 cen~ v

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 National Bank Building. Houston, Tex.: Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Builciing. 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. 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.

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Approved Code No. 84-Supplement No. 17 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ADVERTISING METAL SIGN AND DISPLAY MANUFACTURING INDUSTRY As Approved on April 20, 1934 ORDER APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ADVERTISING METAL SIGN AND DISPLAY MANUFACTURING INDUSTRY A DIYISION OF THE FABRICATED METAL PRODUCTS MANUFAOTURING AND METAL FINISHING AND METAL COATING INDUSTRY An application having been duly made pursuant to and in full comp lian ce with the provisions of Title I of the National Indus trial Recov ery Act, approved June 16, 1933, and in accordance with Section 1 of Article VI of the B asic Code for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Indu stry, approved November 2, 193 3, for approval of a Supple mentary Code o f Fair Competition for the Advertising Metal Sign and Di play Manufacturing Industry; and hearings having been duly held thereon; and the annexed report on said Supplementary Code, contai ning finding s with respect thereto, having been made and c1irected to the Pre sident : NO"\V, THEREFORE, on behal:f of the President of the United States, I: Hugh S. Johnson , Administrator for Industrial Recovery, pursuant to autho-rity vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Supplementary Code complies jn all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Supplementary Code of Fair Competition be and it is here by approved. This Order and approval s hall take effect fifteen (15) days after the effective date unless good cause to the contrary be shown to the Administrator in Room 4217, Commerce Building, Washington, D. C., before that time and the Administrator issues a subsequent order to that effect. HUGH S. JOHNSON, Administrator for Industrial, Recovery. Approval recommended: A. R. GLANCY, Divwion Administrator. WASHINGTON, D.C., April fO, 1934. 68628-6"-7~ (1)

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REPORT TO THE PRESIDENT The PRESIDENT, The White House. Srn: This is a report on the Supplementary Code of Fair Compe tition for the Advertising Metal Sign and Display Manufacturing Industry?..~ division of the Fabricated Metal Products Manufactur ing and lVletal Finishing and Metal Coating Industry, and on the hearing conducted thereon in Washington, D.C., March 30, 1934, in accordance with the provisions of Title I of the National Indus trial Recovery Act. GENERAL STATEMENT The Advertising Metal Sign and Display Manufacturing Industry, being truly representative of this division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, has el e cted to avail itself of the option of submitting a Supplementary Code of Fair Practice as provided for in Section 1 of Article VI of the Basic Code, for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry approved by you on the second day of November, 1933. RESUME OF THE CODE Article I states the purpose of the Supplementary Code. Article II accurately defines specific terms employed 1n the Supplementary Code. Article III. This Industry is a division of the Fabricated Metal Products Manufacturing and ~1etal Finishing and Metal Coating Industry and the labor provisions of the Basic Code, as approved November 2, 193'3, are the labor provisions of this Supplementary Code. Article IV, establishes a Supplementary Code Authority consist ing of six (6) members of the Advertising Metal Sign and Display Manufacturing Association or its successor, and one (1) member chosen from the Industry by the vote of the members thereof, and gives the Administrator the authority to appoint one (1) additional member without vote and provides machinery for obtaining statistics and the administration of the Supplementary Code. Article V sets forth the cost provisions of this Supplementary Code. Article VI sets forth the fair trade practices of this Supplementary Code which has been especially designed to effect fair competition in this division of the Industry. Article VII c ontains the mandatory provisions contained in Sec tion 10 (b) of the Act and also provides for the submission of prop o sed amendments to the Code. Article VIII provides against monopolies and monopolistic pra c ti c es. Article IX sets forth that price increases be limited to actual additi o nal increa s es in sellers' costs. (2)

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3 FINDINGS The Deputy Administrator in his final report to me on said Sup plementary Code having found as herein s e t forth and on the basis of all the proceedings in this matter : I find that: (a) Said Supplementary Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act including removal of obstru c tions to the free fl.ow of inter state and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of indu s try 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 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 con sumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by im proving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than 50,000 em ployees; and is not classified by me as a major industry. ( c) The Supplementary Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3 Subsection (a) of Section 7, and Subsection (b) of Section 10 thereof; and that the appli c ant association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no inequitable restrictions on admission to membership therein. ( d) The Supplementary Code is not designed to and will not per mit monopolies or monopolistic practices. ( e) The Supplementary Code is not designed to and will not eliminate or oppres s 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 Supplementary Code. The Industry requested that it be included under the Code of Fair Competition for the Marking Devices Industry , and this was considered at a Public Hearing in connection with certain proposed amendments to the Marking Devices Industry Code. Later the Industry felt it s hould come under the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finish ing and Metal Coating Industry and a Public Hearing was held March 30, 1934, to consider and decide this request. I have placed a fifteen (15) day stay on my approval in order that all interested persons shall have due notice of my approval and an opportunity to protest. Respectfully, HuGH S. JOHNSON, AdministratO'r. APRIL 20, 1934.

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SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ADVERTISING METAL SIGN AND DISPLAY MAN UFACTURING INDUSTRY A DIVISION OF THE FABRICATED AND METAL PRODUCTS MANUFACTURING AND METAL FINISHI G AND METAL COATING INDUSTRY ARTICLE I-PURPOSES To effectuate the policies of Title I of the National Industrial Recovery Act, this Code is e tablished as a Supplementary Code of Fair Competition for the Advertising Metal and Display Manufac turing Industry. Pursuant to Article VI of the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and _ Metal Finishing and J\1etal Coating Industry, approved by the Presi dent on the 2nd day of November, 1933, the provisions of this Sup plementary Code shall be the standards of fair competition of such industry and shall be binding upon every member of the Industry. ARTICLE II-DEFINITIONS SECTION 1. The term "The Advertising Metal Sign and Display Manufacturing Industry" or "Industry" is defined to mean the manufacturing of advertising signs and advertising or merchandis ing displays which are fabricated entirely, or in substantial part, of metal processed or decorated with lacquers, paint, inks, or other similar materials by means of production methods ordinarily used in the making of metal signs or displays in quantities of lik e size and design. It shall also be defined to cover and include the making and / or the furnishing of incidental signs and display accessories, such as erecting materials, brackets, supplementary imprint panels,. and lettering of imprints, without limitation of number. SEc. 2. The term "J\1ember of the Industry" as used herein in cludes, but without limitation, any individual, partnership, asso ciation, corporation, or other form of enterprise engaged in the Industry, either as an employer or on his or its own behalf. SEc. 3. The term "employee" as used herein includes any and all persons engaged in the Industry, howe-\ er compensated, except a member of the Industry. SEC. 4. The term "employer" as used herein includes anyone by whom any such employee is compensated or employed. SEc. 5. The terms "Act" and "Administrator" a used herein mean, respectively, Title I of the National Industrial Recovery Act, and the Administrator for Ind us trial RecoYery. SEc. 6. The term "President" as used herein means the President of the United States. SEc. 7. The term "Basic Code" as used herein means the Basic Code of Fair Competition for the Fabricated Metal Products Manu( 4)

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5 facturing and Metal Finishing and Metal Coating Industry, ap proved by the President of the United States on the 2nd day of November, 1933. SEc. 8. The term "Supplementary Code Authority" as used herein shall mean the agency which is to administer this Supple mentary Code, as hereinafter provided. SEc. 9. The term "Supplementary Code Authority's Agency ' as used herein shall mean the Secretary of the Advertising Metal ign and Display Manufacturer's Association or his successor, or any other person whom the Supplementary Code Authority may designate. SEc. 10. The term "Association" as used herein shall mean the Advertising Metal Sign and Display :Manufacturer's Associati on or its successor. SEC. 11. The term "Federation" as used herein shall mea n the Fabricated Metal Produ c ts Federation or its successors. ARTICLE III-LABOR PROVISIONS SECTION 1. This Industry is a division of the Fabricat ed M e tal Products Manufacturing and Metal Finishing and Met a l Coat in g Industry and without limitation the wage, hours and l a b or p r o visions in Article III of its Basic Code as approved by the Pr es i de nt on November 2nd, 1933, including Section 1 of said Articl e III by which the provisions of Sub-Sections (1) (2) and (3) of S ect ion 7 (A) of Title I of the Act are made conditions of the Code , are specifically incorporated herein and made a part hereof as t he w age. hour and labor provisions of this Supplementary Code. ARTICLE IV-ADMINISTRATION SECTION 1. Pending the selection of the permanent Supplem ent ary Code Authority, which shall be made, as hereinafter provided, wi thin sixty (60) days following the effective date of this Supplementary Code, the Code Committee of the Association shall constitute a tem porary Supplementary Code Authority. SEc. 2. A permanent Supplementary Code Authority is he reby established, consisting of seven (7) members to be selected within the above mentioned ixty ( 60) day period and to be elected in the following manner : (a) Six (6) members of such Supp l ementary Code Authori t y, wh o shall be members of the Indu s try and mem.bers of the Asso c iation . shall be nominated and elected by the members of the Association. (b) One (1) member of su c h Supplen1entary Code Authority who hall be a member of the Industry and a non-member of the A s o c ia tion (provided that there are such members of the Indu s tr y wh o are not m e mber of the A o ciation) shall be nominated an d ele t e d by the members of the Indu try who are non-membe rs of t he Association. Members of the Supplementary Code Authority shall be nomina t e d and elected at a meeting called by the temporary Sup plementn 1 Code Authority, upon thirty (30) day's notice by mail to all know n members of the Indu stry who may vote in person or b y proxy, or by letter ballot. Each member of the Industry shall have one vo te .. and the election hall be by a majority of the ballots ca s t.

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6 In the event that the non-members of the Association fail to nomi nate and elect such non-association member of the Supplementary Code Authority, such member shall be nominated and elected by the members of the Indu s try, then present in person or by proxy. The members of the Supplementary Code Authority first selected shall serve until the time of the following annual meeting of the Association. Thereafter, members of the Supplementary Code Au thority shall be nominated and elected at a meeting of the Industry held at the same time and place as the annual meeting of the Associa tion, and shall serve for a period of one year or until their successor shall qualify. It shall be the duty of the Supplementary Code Authority to give thirty (30) days notice, by mail, to all known members of the Indus try, of the time and place of such meetings of the Industry. Vacancies occuring in the membership of the Supplementary Code Authority shall be filled by a majority vote of the remaining members of the Supplementary Code Authority. In addition thereto, the Admini s trator may appoint one member of the Supplementary Code Authority who shall be without vote. SEc. 3. Each trade or industrial a ss ociation directly or indirectly p articipating in the select ion or a c t i vities of the Supplementary Code Authority shall (1) impose no inequitable restrictions on mem bership, and (2) submit to the Administrator true copies of its Articles of Association, by-laws, regulations, and any amendments when made thereto , together with such other information as to membership, organization, and activities as the Admini s trator 1nay , deem necessary to e:ff ectuate the purposes of the Act. SEc. 4. In order that the Supplementar3 Code Authority shall at .all times be trul y r epre e ntatiYe of the Indu stry and in oth e r r e spects comply with the proYi ions of the Act, the Administrator may pre scribe such hearing s a he may deem proper; and thereafter if he shall find that the Supplem e ntary Code Authority is not truly repre se ntative or does not in other respe cts comply with the provisions of the Act, ma y r e quir e an appropriate modification of the method of election of the Supplemen t ary Cocle Authority. S Ec. 5. M ember of the Industry sha ll be entitled to sha re the benefits of the activitie s of the S upplementary Code Authority and to participate in the sel ec tion of the me mbe rs th e reof by assenting to and complying with the requirements of this Supplementary Code and sustainin g their rea so11ab l e share of the expenses of its admin istration. Such rea s onable hare of th e expenses of administration sha ll be determin ed by t he Supplementary Code Authority subject to review by the Administrator, on the basis of volume of business and/or such other factors as may be deemed equitable. SEC. 6. Nothing conta ined in thi s S upplern . entary Code shall con stitut e the members of the Supplementary Code Authority partners for any purpose. Nor shall any members of the Supplementary Code Authority be Ii able in any manner to anyone for any act of any other member , officer. agent or employee of the Supplementary Cod e Authority. Nor s hall any member of the Supplementary Code Authority, exercising reasonable diligence in the conduct of his duties h e reund er, be liable to anyone :for any action or omission to act und er this Supplementary Code, except for his own willful 1nalfeasance or non-fea ance.

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7 SEc. 7. If the Administrator determines that any action of the Supplementary Code Authority or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by such Supplementary Code Authority or agency, pending final ~ction which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed with such action in its original or modi fied form. POWERS AND DUTIES S'Ec. 8. The Supplementary Code Authority shall have the fol lowing further powers and duties: (a) Subject to such rules and regulations as may be prescribed by the Administrator to adopt ?Y:laws, rules and regulations for jts procedure and for the adm1mstrat10n of the Supplementary Code. (b) To use such. trade associations and other agencies as it deems proper for the carrying out of any of its activities provided for herein, provided that nothing herein shall relieve the Supplementary Code Authority of its duties or responsibilities under this Supple mentary Code and that such trade associations and agencies shall at all times be subject to and comply with the provisions hereof. ( c) To appoint a Trade Practice Committee which shall meet with the Trade Practice Committees appointed under such other codes as may be related to the Industry for the purpose of formu lating fair trade practices to govern the relationship between pro duction and distribution employers under this code and under such others to the end that such fair trade practices may be proposed to the Administrator as amendments to this Supplementary C o d e a,nd such other Codes. ( d) To cooperate with the Administrator in regulating the u s e of the N.R.A. Insignia solely by those e1nployers who have assented to and are complying with this Supplementary Code. (e) To initiate, consider, and make recommendations for the mod ification or amendment of this Supplementary Code. (f) To obtain from members of the industry such information and reports as are required for the administration of the Supple mentary Code. In addition to information required to be sub mitted to the Supplementary Code Authority, members of the indus try subject to this Supplementary Code shall furnish such statistical information as the Administrator may deem necessary for the pur poses recited in Section 3 (a) of the Act to such Federal and State agencies as he may designate; providedbthat nothing in this Sup plementary Code shall relieve any mem er of the industry of any existing obligations to furnish reports to any government agency. No individual report shall be disclosed to any other member of the industry or any other party except to such other governmental agencies as may be directed by the Administrator. (g) To secure from members of the industry an equitable and proportionate payment of the reasonable expenses of maintaining the Supplementary Code Authority and its activities.

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8 ARTICLE V-COSTS The Supplementary Code Authority shall cause to be formulated an accounting sy s tem and methods of cost finding and/or estimating capable of use by all members of the industry. After such system and methods have been formulated and approved by the Adminis trator, full details concerning them shall be made available to all members. Thereafter all m e mbers shall determine and/or estimate costs in accordance with the principles of such m e thods. ARTICLE VI-TR A DE PRACTICES The following Acts as described supersedes Article V of the Ba s ic Code and shall constitute Unfair Methods of Competition and are prohibi t ed. S ECTIO N 1. Se ll i ng B e lo w Oost.-The s e lling of products below th e c o s t th e r e of exc e pt to m ee t t h e sellin g p ri ce of any lower cost producer or importer who is not violating the provisions of the Basic Code or this Supplementary Code. Costs in all cases shall be deter mined in accor da nce with a system of accounting as referred to in Article V. SEc. 2. S e cret Rebates.-Withholding from, or inserting in any invoice a f a lse record, wholly or in , part, of the transaction repre sented on the face thereof, and the payment or allowance of secret rebates, secret refunds, secret credits, unearned discounts ( wh e ther in the forn1 of money or otherwise). SEc. 3. D e famation.-Defaming competitors by falsely imputing . to them dishonor a ble conduct, inability to perform contracts, ques tionable credit standing, or by other false representations or by th e false disparagement of the grade or quality of their goods. SE c . 4. U surpatio n .-To imitate or simulate the trade mark, trade nam e , package, wrapp e r, or label of a competitor's product to such a degree as to deceive or have a tendency to deceive customers. SEo. 5. Comm e rcial Brib e ry.-Giving, permitting to be given, or directly offering to give, anything of value for the purpose of influ encing or rewarding the action of any employee, agent, or representa tive of another in relation to the business of the employer of such employee, the principal of such agent or the _ represented party, with out the knowledge of such emplo ye r, principal, or party. This provision shall not be construed to prohibit free and general distri bution of a rticles commonly used for advertising, ex ce pt so far as such articles are actually used for commercial bribery, as hereinabove d e fined. SEc. 6. Fals e Marking and Branding.-False marking or brand ing of any product of the Industry which has the tendency to mislead or deceive cu s tomers or prospective customers, whether as to the grade, quality, quantity, s ubstance, character, nature, origin, size! finish, or preparation of any product of the Industry, or otherwise. SEo. 7. Llfi sr epre s enta tio n or Fa l se llf is lead i ng Ad vertis i ng.-Mak ing, causing, or knowingly permitting to be made or publish ed any false, materially inaccurate, or deceptive statement by way of ad vertisement or otherwise, whether concerning the grade, quality t

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9 quantity, substance, character, nature, origin, size, finish, or prepara tion of any product of the Industry, or the credit terms, value~ p o licies, or services of any member of the Industry, or otherwise. having the tendency or capacity to mislead or deceive customers or prospective customers. SEc. 8. Giving of Guarcuntees. Since no guarantees as to the durability of the Industry's products are made by reputable paint or other supply houses in respect to materials purchased for this I ndustry's products, and, further, since this Indw,try has no control over climatic or atmospheric conditions or places where its products are distributed, no member of the Industry shall guarantee the durability of any product of the Industry; provided, however, that . nothing in this Section 8 shall be construed to prevent reasonable guarantees as to workmanship. SEc. 9. E stiniating . Estimating the cost of . framed or unframed metal signs on a square foot b asis. Each size of metal signs shall be figured on its own merits, accordingly to the material required. SEc. 10. Qwotation. Permitting any salesman to represent a mem ber of the Industry without designating to the salesman the mini mum selling price to all buyers of the Industry's products. SEc. 11. Terms.-Granting terms other than ne t cash thirty (30 ) days or, if discount is allowed, such discount shall not be in excess of one (1 % ) percent for cash, in ten (10) days or within such period as a customer uniformly discounts his bills. All goods shall be sold F.O.B. point of manufacture with no freight allowance or equal zation and where a customer insists upon a delivered price, fuU transportation charges shall be included in the selling price. ARTICLE VII-MONOPOLIES No provision of this Supplementary Code shall be so applied to permit monopolies or monopolistic practices, or to eliminate, oppress 1 o r discriminate against small enterprises. ARTICLE VIII-~IODIFICATIONS SECTION 1. This Supplementary Code and all the prov1s10ns thereof are expressly made subject to the right of the P1esident, in accordance with the provisions of Subsection (b) of Section 10 of the Act, . from time to time to cancel or modify any order, approval, license, rule, or regulation issued under Title I of said Act. SEc. 2. Such of the provisions of this Supplementary Code as are not required to be included therein by the Act may, with the approval of the Administrator, be modified in such manner as may be indicated by the needs of the public , by changes in circumstances, or by experience. Such modification to be based upon application to the Administrator after such notice and hearing as he may specify; and become effective on approval by the President.

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10 ARTICLE IX-PRICE INCREASES Whereas the policy of the Act to increase real purchasing power will be made more difficult of consummation if prices of goods nnd services increase as rapidly as wages, it is recognized that a price increase except such as may be required to meet individual cost should be delayed 1 but when made, such increase should, so far as pos.sible be limited to actual increase of the seller's cost. ARTICLE X-EPFEOTIVE DATE This Supplementary Code shall become eff~ctive at 12: 01 A.M., on the tenth day after its approval by the President. Approved Code No. 8~Supplement No. 17. Registry No. 1702-2-06. 0

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