Citation
Amendment to code of fair competition for the steel casting industry as approved on August 11, 1934

Material Information

Title:
Amendment to code of fair competition for the steel casting industry as approved on August 11, 1934
Portion of title:
Steel casting industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
6 p. : ; 24 cm.

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Subjects / Keywords:
Steel castings industry -- 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. 1106-1-01."
General Note:
"Approved code No. 82--Amendment No. 1."

Record Information

Source Institution:
University of Florida
Holding Location:
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:
004931544 ( ALEPH )
63655157 ( OCLC )

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Si;i.::... NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION

::: FOR THE


SSTEEL CASTING INDUSTRY


AS APPROVED ON AUGUST 11, 1934


'WE DO OUR PART


u.sV. O-FL LM.





U.S. DEPOITO


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UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


1 I
' B sale by the Superintendent of Documents. Washington, D.C. ---- Price 5 cents




L O H `* "* *


(d64.Code No. 82-Amendment No. I


Registry No. 1106-1-01


"
























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

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Seattle, Wash.: 809 Federal Office-Building.













Approved Code No. 82-Amendment No. 1

AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

STEEL CASTING INDUSTRY

As Approved on August 11, 1934


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE STEEL
CASTING INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, for approval of an amend-
ment to a Code of Fair Competition for the Steel Casting Industry,
and hearings having been duly held thereon and the annexed report
on said amendment-containing findings with respect.thereto, having
been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order 6543-A, dated December 30, 1933
and otherwise, do hereby incorporate by reference, said annexed
report and do find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act, and do hereby order that said amendment be and it is
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
as amended, such approval and such amendment to take effect
fifteen (15) days from the date hereof, unless good cause to the
contrary is shown to the Administrator before that time and the Ad-
ministrator issues a subsequent order to that effect.
HUGH S. JOIHNSON,
Administrator for Industrial Recovery.
Approval recommended:
BARTON W. MURRAY,
Division A administrator.
WASHINGTON, D.C.
August 11, 1934.
79944--1044-62-34 (1)












REPORT TO THE PRESIDENT


The PRESIDENT,
The 1Y'hite House.
SIR: This is a report on Amendments to the Code of Fair Com-
petition for the Steel Casting Industry, the public hearing having
been conducted thereon in Washington, D.C., on June 14, 1934, in
accordance with the provisions of the National Industrial Recovery
Act.
Amendment I affects only Schedule D of the Code which relates
only to Unfair Trade Practices for Miscellaneous Castings.
Amendment II affects only Schedule E of the Code which relates
only to Unfair Trade Practices for Specialties.
Amendment III provides for the addition of a new Schedule of
Unfair Trade Practices relating only to Draft Gears, to be known
as Schedule F.
FINDINGS

The Assistant Deputy Administrator in his final report to me on
said amendments to said Code having found as herein set forth and
on the basis of all the proceedings in this matter:
I find that:
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of
obstructions to the free flow of interstate and foreign commerce
which tend to diminish the amount thereof, and will provide for
the general welfare by organization of industry for the purpose of
cooperative action of labor and management under adequate gov-
ernmental sanction and supervision, by eliminating unfair com-
petitive practices, by promoting the fullest possible utilization of
the present productive capacity of industries, by avoiding undue
restriction of production (except as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
rehabilitating industry.
(b) The ode as amended complies in all respects with the perti-
nent provisions of said Title of said Act, including without limi-
tation sub-section (a) of Section 3, sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(d) The amendments and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not
operate to discriminate against them.
(2)








(e) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendments.
For these reasons, therefore, I have approved these amendments,
provided that such approval and such amendments take effect fifteen
(15) days from the date hereof, unless good cause to the contrary
is shown before that time, and I issue a subsequent order to that
effect.
Respectfully,
HUGH S. JOHNSON,
Administrator.
AUGUST 11, 1934.











AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE STEEL CASTING INDUSTRY
AMENDMENT I
Delete Sections 6 and 7 of Schedule D of said Code and substitute
in lieu thereof the following:
SECTION G. Date a sales invoice later than the date of mailing of
such invoice or later than the third day following date of shipment of
the castings included in such invoice."
SECTION 7. Allow terms of payment more favorable to the cus-
tomer than net payment within 30 days after the month in which
the castings are shipped, subject to discounts for prompt payment as
follows: In the case of castings shipped by water from the plant
of a member of the Industry from or through any Atlantic Coast
or Gulf Port to any Pacific Coast Port, or through a Pacific Coast
Port to a place of delivery in the State of California or the State
of Oregon or the State of Washington, or to a place of delivery in
the Canal Zone or to an Alaskan Port, or to any of the Insular Pos-
sessions of the United States, the maximum rates of discount for
early payment shall be / of 1% of the invoiced value of such cast-
ings, if the invoice of such castings shall be paid within 30 days
from the date of such invoice; in all other cases, /2 of 1% on such
invoiced value, if the invoice of such castings shall be paid within
10 days from the date of such invoice; provided, however, in the lat-
ter cases that any member of the Industry may allow such discount
of 1/ of 1% for payment within 10 days on the basis of settlements
twice in each month, as follows: (a) On invoices dated from the
1st to the 15th, inclusive, of any month, such discount may be al-
lowed on payment of such invoices on or before the 25th of such
month; (b) On invoices dated from the 16th to the end of any
month, such discount may be allowed on payment of such invoices
on or before the 10th of the next following month.
Nothing in this Section however, shall be deemed to apply to any
sale or contract for the sale of any castings to the Government of
the United States of America or to any agency thereof in any case
in which such Government or Agency shall, pursuant to law, impose
terms of payment other than those prescribed in this Section; pro-
vided, however, that in any such case none of the members of the.
Industry shall allow to such Government or any Agency thereof
terms of payment more favorable than those which shall be pre-
scribed by such Government or Agency pursuant to law".
AMENDMENT II
Delete Section I of Schedule E of said Code and substitute the
following:
SECTION 1. To make terms of payment in connection with sale
for domestic use more favorable to the customer than thirty (80)








days net cash from date of invoice; provided, however, that dis-
counts for prompt payment of invoices on cast steel wheels may be
allowed at not to exceed the following rates: In the case of cast-
ings shipped by water from the plant of a member of the Industry
from or through any Atlantic Coast or Gulf Port to any Pacific
Coast Port, or through a Pacific Coast Port to a place of delivery
in the State of California or the State of Oregon or the State of
Washington, or to a place of delivery in the Canal Zone or to an
Alaskan Port, or to any of the Insular Possessions of the United
States, the maximum rates of discount for early payment shall be
1/ of 1% of the invoiced value of such castings, if the invoice of
such castings shall be paid within 30 days from the date of such
invoice; in all other cases, 1/ of 1% on such invoiced value, if the
invoice of such castings shall..be paid within 10 days from the date
of such invoice; provided, however, in the latter cases that any
member of the Industry may allow such discount of 1/ of 1% for
payment within 10 days on the basis of settlements twice in each
month, as follows: (a) On invoices dated from the 1st to the 15th,
inclusive, of any month, such discount may be allowed on payment
of such invoices on or before the 25th of such month; (b) On in-
voices dated from the 16th to the end of any month, such discount
may be allowed on payment of such invoices on or before the 10th
of the next following month.
"Nothing in this Section, however, shall be deemed to apply to
any sale or contract for the sale of any castings to the Government
of the United States of America or to any agency thereof in any
case in which such Government or Agency shall, pursuant to law,
impose terms of payment other than those prescribed in this Sec-
tion; provided, however, that in any such case none of the members
of the Industry shall allow to such Government or any Agency
thereof terms of payment more favorable than those which shall be
prescribed by such Government or Agency pursuant to law."
AMENDMENT III

Add the following new Schedule to said Code, which will be
known as Schedule F:
"List of Unfair Trade Practices Relating to Draft Gears.-With-
out in any way limiting the application of Schedule E to all manu-
facturers of Draft Gears, Schedule F relates solely to the produc-
tion and/or sale of Draft Gears and has no application to
Miscellaneous Castings, Manganese Steel Castings, or to any other
Specialties.
For all purposes of this Code, it shall be an unfair trade practice
for any member engaged in the Draft Gear subdivision of the
Specialties branch of the Industry to do any of the following acts:
1. To pay secretly or allow rebates, refunds, credits, or un-
earned discounts, or commissions to customers or their employees,
whether in the form of money or otherwise, or to extend services
or privileges to any purchaser not extended to all purchasers upon
like terms and conditions.
"2. To sell, in connection with draft gear sales, equipment not
part of the equipment covered by this product Classification or sub-




UNIVERSITY OF FLORIDA

3 1262 08562 9918


agency ', to any customer, directly or indirectly at a net price whiwha
will result in a reduction in the price of draft gears sold to such:
customer.
3. To misappropriate a competitor's business by inducing breach
of contracts, espionage, piracy of styles or designs or imitation of
trade names.
4. To defame competitors or to disparage competitors' products
falsely.
"5. To give any gratuity, reward or other form of bribe to pur-
chasers of draft gears, or the use of premiums in ways which involve
commercial bribery in any form.
6. To guarantee any draft gears, or part thereof, against defec-
tive material or workmanship for any period exceeding one year
from the date of delivery thereof to the purchaser.
7. To use the traffic of any person, firm or corporation other than
the traffic of the member of the Industry or permit the use of same,
in any way to influence draft gear orders from any railroad for any
such member."
Approved Code No. 82-Amendment No. 1.
Registry No. 1106-1-01.
O


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Full Text

PAGE 1

Approved Code No. 82-Amendment No. 1 Registry No. 1106-1-01 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE STEEL CASTING INDUSTRY AS APPROVED ON AUGUST 11, 1934 'WE DO OUR PART . -----o--1 A I • ........ UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. • • • • • • • • P ri ce 5 cents

PAGE 2

'l'his publication is for sale by the Superintendent of Documents, Government Priuting Offic e, Washington, D.C., an
PAGE 3

Approved Code No. 82-Amendment No. 1 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE STEEL CASTING INDUSTRY As Approved on August 11, 1934 ORDER APPROVING AMENDMENT OF Co DE OF FAIR CO}'.[ PETITION FOR THE STEEL CASTING 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 Jui;ie 16, 1933, for approval of an amendment to a Code of Fair Competition for the Steel Casting Industry, und hearings having been duly held thereon and the annexed report on said amendment containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, I , Hugh S. Johnson, Administrator for Industrial Recovery, pursuant to authority vested in me by Executive Orders of the President, including Executive Order 6543-A, dated December 30, 1933, and otherwise, do hereby incorporate by reference, said annexed report and do find that said amendment and the Code as constituted after being amended comply in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act, and do hereby order that said amendment be and it is hereby approved, and that the previous approval of said Code is hereby modified to include an approval of said Code in its entirety as amended, such approval and such amendment to take effect fifteen ( i5) da.ys from the date hereof, unles s good ca use to the contrary is shown to the Administrator before that time and the Administrator iss ues a s ubsequent order to that effect. HUGH s. ,JOHNSON, Administrator for Industrial Recovery . Approval recommended : BARTON ,v. ~f URRAY, D ivision Ad niinistrator . WASHINGTON, D.C . .A ugu&t 11, 1934. 79944 -1044-62--34 (1)

PAGE 4

REPORT TO THE PRESIDE T The PnE IDE T, T lze 1V hite H oitse . rn: Thi i a report on Amendments to the ode of Fair ComI etition for the Steel Casting Indu try, the public hearing having been conducted thereon in "\Va hington, D.C., on June 14 1934 in accordance with the provisions of the ational Industrial Re o ery Act. Amen lment I affect only Schedule D of the Code which relates only to Unfair Trade Practices for Nli cellaneou asting . Amendment II affects only Schedule E of the ode which relates only to Unfair Trade Practices for Specialtie . Amen lment III provides for the addition of a new Schedule of Unfair Trade Practices relating only to Draft Gears, to be known as Schedule F. FINDINGS The A sistant Deputy Administrator 'in his final report to me on said amendments to said Code having found as herein set forth and on the basis of all the proceedings in this matter: I find that: (a) The amendments to said Code and the Code as amended are well designed to promote the policies and purposes of Title I o:f the ational Industrial Recovery Act inclu lin
PAGE 5

3 ( e) Those engaged in other steps of the economic process have not been deprived of the right to be heard prior to approval of said amendments. For these reasons, therefore, I have approved these amendments, provided that such approval and such amendments take effect fifteen (15) days from the date hereof, unless good cause to the contrary is shown before that time, and I issue a subsequent order to that effect. Respectfully, AUGUST 11, 1934. HUGH s. JOHNSON' Administrator. •

PAGE 6

A~IE~ D1'fE T TO CODE OF F IR CO1'IPETITIO THE STEEL A Tl GI D TRY l\IEXDl\IEXT I FOR Delet ections G and 7 of chedule D of said ode and ub titute in lieu thereof the following : ' ECTION G. Date a ale , invoice later than the dat of mailing f uch inYoi c or later than the thir 1
PAGE 7

5 days net cash from date of invoice; provided, however, that dis counts for prompt payment of invoices on cast steel wheels may be allowed at not t o exceed the following rates: In the case of cast ings shipped by water from the plant of a member of the Industry from or through any Atlantic Coast or Gulf Port to any Pac ific Coast Port, or through a Pacific Coast Port to a place of delivery in the State of California or the State of Oregon or the State of "\V ashington, or to a place of deli very in the Canal Zon e or to an Alaskan Port, or to any of the Insular Possessions of the United States, the maximum rates of discount for early payment shall be of 1 % of the invoiced value of such castings, if the invoice o:f such castings shall be paid within 30 days from the date of such invoice; in all other cases, of 1 % on such invoiced value, if the invoice of such castings shall be paid within 10 days from the date of such invoice; provided, however, in the latter cases that any member of the Industry may allow such discount of of 1 % for paym.ent within 10 days on the basis of settlements twice in each month, as follows: (a) On invoices dated from the 1st to the 15th, inclusive, of any month, such discount may be allowed on payment of such invoices on or before the 25th of such month; (b) On in voices dated from the 16th to the end of any month, s uch discount may be allowed on payment of such invoices on or before the 10th of the next following month. "Nothing in this Section, however, shall be deemed to apply to any sale or contract for the sale of any castings to the Government of the United States of America or to any agency thereof in any case in which such Government or Agency shall, pursuant to law, impose terms of payment other than those prescribed in this Section; provided, however, that in any such case none of the members of the Industry shall allow to such Governrn .ent or any Agency thereof terms of payment more favorable than those which shall be prescribed by such Government or Agency pursuant to law." AMENDMENT III Add the following new Schedule to said Code, which will be known as Schedule F: "List of Unfair Trade Practices R e lating to Draft Gears. -Without in any way limiting the application of Schedule E to all manufacturers of Draft Gears Schedule F relates so lely to the production and/or sale of Draft Gears and has no application to Miscellaneous Castings, : Mangane se Steel Castings, or to any other Specialties. "For all purposes of this Code, it shall be an unfair trade practice for any memb e r engaged in the Draft Gear subdivision of the Specialties branch of the Industry to do any of the following acts: "1. To pay secretly or allow rebate s, refunds, credits, or unearned di sco unts, or commissions to customers or their emplo yees, whether in the form of money or otherwi e, or to extend services or privileges to any purchaser not extended to all purchasers upon like terms and conditions. " 2. To sell, in connection with draft gear sales, equipment not part of the equipment covered by this product' Classification or sub-

PAGE 8

6 II I II 11111l1[1\i1 i1~~ i l 1 i 1 1 l [ 11i1\~ 1 ~ 1 \l\1i II 1111111 3 1262 08582 9918 a~enc ', to an ct tomer directly or indirect! at a net price whi c h will r ult in a r du tion in he price of draft g ar o l d to uc h u tom r. 3. To mi appr priate a comp titor bu in by inducinobreach f ontra t , ' I ionao , piracy of tyles or d ign or imitation of trad name . 4. To defame competitor or to li parag ompetitors' products fal 1 . ' 5. To giYe an 1 gratuit. reward or other form of brib to purcha er of draft g ar or the u e of premiums in wa which invol ve commercial bribery in any form. '6. To guarantee any draft gears, or part thereof ao-ain t defec tive J1rnterial or workman hip for any period e.xc-eeding one year from the date of delivery thereof to the purcha er. '7. To u e the traffic of any person firm or corporation oth e r than th traffic of the member of the Indu try o r permit the u se o f same, in any way to influence draft gea r orders from any railroad f o r any such member . " ApproYed Code No. 82-Amendment No. 1. Ilegi try No. 1106-1-01. 0


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