Approved Code No. 84 — Supplement No. 53 Registry No. 1125 — 03 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE LIQUID FUEL APPLIANCE MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON SEPTEMBER 24, 1934 WE DO OUR PART UNIV. OF FL Lli, U.S. 0EPO81TOWY UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1934 For sale by the Superintendent of Documents, Washington, D.C. ----..-- Price 5 cents TMs 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. : 2C7 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y. : Chamber of Commerce Building. Charleston, S.C. : Chamber of Commerce Building. 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Approved Code No. 84 — Supplement No. 53 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE LIQUID FUEL APPLIANCE MANUFACTURING INDUSTRY As Approved on September 24, 1934 ORDER ApPRO\aNG SUPPLEIMEXTARY CODE OF FaIR COMPETITION FOR THE Liquid Fuel Appliance Manufactltring 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 Industrial Recovery Act, approved June 16, 1933, and in accordance with the provisions of Section I of Article VI of the Basic Code for the Fabricated Metal Products IManufacturing and Metal Finishing and Metal Coating Industry, approved November 2, 1933, for approval of a Supplementary Code of Fair Competition for the Liquid Fuel Appliance Manufacturing Industry, and hearing 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 Recover}^, pursuant to authority vested in me by Executive Orders of the Presi- dent, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said an- nexed report and do find that said Supplementary Code complies in all respects with the pertinent provisions and will promote the ]3olicy and purposes of said Title of said Act; and do hereby order that said Supplementary Code of Fair Competition be and it is hereby approved; provided, however, that the provisions of Article V. Rule A, insofar as they prescribe a waiting period between the filing with the Supplementary Code Authority (or such agency as may be designated in the Supplementary Code) and the effective date of price lists, as originally filed and/or revised price lists or revised terms and conditions of sale, be and they hereby are stayed pending my further Order. Hugh S. Johnson, Achmnistrator for Industrkd Recovery. Approval recommended : Barton W. Murray, Division Administrator. Washington. D.C, Septemher 2Jf^ lOSIf.. 87412° 1181—92 34 (1) EEPORT TO THE PRESIDENT The President, The White House. Sir : This is a report on the Supplementary Code of Fair Competition for the Liquid Fuel Appliance IManuf acturing Industrj^, a division of the Fabricated Metal Products Manufacturing and Metal Finishing and IMetal Coating Industrj^, the hearing having been conducted thereon in "Washington, D.C., March 9, 1934, in accordance with the provisions of Title I of the National Industrial Recovery Act. GENERAL STATEMENT The Liquid Fuel Aj^pliance Manufacturing Industry, being truly representative of this division of the Fabricated Metal Products Manufacturing and Metal Finiihing and Metal Coating Industry, has elected to avail itself of the option of submitting a Supplemen- tary Code of Fair Competition, as provided for in Section 1 of Article VI of the Basic Code, for the Fabricated Metal Products Manufacturing and Metal Fijiishing and Metal Coating Industry approved by j^ou on the second day of November, 1933. RESUME OF THE COnE Article I states the purpose of the Supplementary Code. Article II accurately defines specific terms employed in the Sup- plementary 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 its Basic Code, as approved November 2, 1933, are the labor provisions of this Supplemental^ Code. Article IV establishes a Supplementary Code Authority consist- ing of ten (10) members to be elected by the members of the In- dustry at a meeting called by the Temporary Supplementary Code Authority, and gives the Adfninistrator the authority to appoint one a'dditional member without vote and provides machinery for obtain- ing statistics and the administration of the Supplementary Code. Article V sets forth the unfair trade practices of this Supple- mentary Code which has been especially designed to offset unfair competition in this division of the Industry. Article VI sets forth that no ])rovision relating to prices or terms of selling sliall apply to direct export sales. 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 Supplementary Code. (2) Article VIII provides for withdrawal of either class from the jurisdiction of the Basic Code Authority and/or this Supplementary Code Authority provided that such withdrawal shall not become effective until such time as the particular class or classes shall be subject to the provisions of another approved Code or Codes. Article IX provides against monopolies and monopolistic prac- tices. Article X recognizes that price increases be limited to actual addi- tional increases in the seller's costs. Article XI states the effective date and duration of this Supple- mentary Code. FINDINGS The Assistant Deputy Administrator in his final report to me on said Supplementary 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 interstate and foreign commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organiza- tion of industry for the purposes 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 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 temporarih^ required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally emploj^s not more than 50,000 employees; 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 council is an industrial council truly representative of the aforesaid Industry; and that said council imposes no inecpiitable restrictions on admission to membership therein. (d) The Supplementary Code is not designed to and will not permit 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 discriminate 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. For these reasons, therefore, I have approved this Supplementary Code ; provided, however, that the provisions of Rule "A" of Article V insofar as they prescribe a waiting period between the filing with the Supplementary Code Authority (or such agency as may be 4 designated in the Supplementary Code) and the effective date of price lists, as originally filed and/or revised price lists or revised terms and conditions of sale, be and they are stayed pending my further Order. Respectfully, Hugh S. Johnson", Administrator. September 2i, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE LIQUID FUEL APPLIANCE MANUFACTURING INDUSTRY A DIVISION OF THE FABRICATED METAL PRODUCTS MANTIFACTURING AND METAL FINISHING AND METAL COATING INDUSTRY Article I — Purposes To effectuate the policy of Title I of the National Industrial Recovery Act, the following provisions are established as a Supple- mentary Code of Fair Competition for the Liquid Fuel Appliance Manufacturing Industry, pursuant to Article VI of the Basic Code of Fair Competition for the Fabricated Metal Products Manufac- turing and Metal Finishing and Metal Coating Industry approved by the President of the United States on the second day of November 1933, and the provisions of this Supplementary Code shall be the standards of fair competition for such Industry, and shall be binding upon every member thereof. Article II — Definitions The term " Industry " as used herein shall include the manu- facture and sale of appliances which burn liquid fuel which are classed and defined as follows : Class 1. — Class 1 shall include kerosene stoves and ranges, mantle lamps and lanterns, cabinets or high shelves, heaters, and wicks and incandescent mantles for same; and gasoline stoves and ranges, mantle lamps and lanterns, cabinets or high shelves, heaters, port- able ovens, hot water heaters, incandescent mantles, including parts and accessories for above and/or similar devices for consuming kero- sene, gasoline, or semirefined oils. Class 2. — Class 2 shall include Distillate Oil Burners which shall be burners designed primarily for use in connection with cooking ranges, space heaters, and domestic water heaters of similar uses as follows : (a) Conversion burners consisting of distillate burners designed to be installed in cooking and heating units. (b) Cooking or heating devices manufactured expressly for use with oil burners, the burners becoming an integral part of the unit at the point of manufacture. The term " Division " as used herein is defined to mean the Liquid Fuel Appliance Manufacturing Industry Division of the Fabricated ]\Ietal Products Manufacturing and Metal Finishing and Metal Coating Industry. The term " member of the Industry ", as used herein, includes, but without limitation, any individual partnership, association, corpora- (5) tion or other form of enterprise engaged in the Industry either as an employer or on his or its own behalf. The terms '" President ", "Act", and "Administrator ", as used herein, shall mean, respectively, the President of the United States, Title I of the National Industrial Recovery Act, and the Adminis- trator for Industrial Recovery under Title I of said Act. The term " Basic Code ", as used herein, is defined to mean the Basic Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, as approved by the President on the second day of November 1933. The term " Basic Code Authority ", as used herein, is defined to mean the Executive Committee of the Fabricated Metal Products Federation. The term "Association " as used herein is defined to mean the Distillate Burner Mamif acturers Association. The term " Council ", as used herein, is defined to mean the Liquid Fuel Appliance Council or its successor. The term " Supplementary Code Authority " as used herein, means the agency which is to administer this Supplementary Code as here- inafter provided. The term " Code Committee " as used herein is defined to mean the committee authorized by the " Council " and "Association " to pre- sent this Supplementary Code. The term " Duly Authorized Agent " or "Agent " of the Supple- mentary Code Authority, as used herein is defined to mean .such person as the Supplementary Code Authority shall designate. Said Agent, in order to qualify as such, shall be entirely free from any interest in or connection vath unj company engaged in the manu- facture or sale of the products of the Industry. The term " Federation ", as used herein, is defined to mean the Fabricated Metal Products Federation or its successor. Article III — Employment Provisions This Industry is a division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, and without limitation the wage, hour, and labor provisions in Article III of its Basic Code as approved by the President Novem- ber 2, 1933, or as subsequently amended, including Section 1 of said Article III by which the provisions of Subsections (1), (2) and (3) of Section 7 (a) of Title I of the Act are made conditions of this Code, are specifically incorporated herein and made a part hereof as the wage, hour, and labor provisions of this Supplementary Code. Article IV — Organization and Ad^iinistration Section 1. — A Supplementary Code Authority is hereb}^ consti- tuted c(msisting of ten (10) members, seven (7) of which shall be selected by the members of the Industrj^ engaged in the manufacture of products set forth in Class 1 of the Industry, and three (3) of which shall be selected by the members of the Industry engaged in the manufacture of products set forth in Class 2 of the Industry. Pending the selection of tlie Supplementary Code Authority the Code Committee shall constitute a temporary Supplementary Code Authority to serve until a permanent Supplementary Code Authority shall have been elected. Within the sixty (CO) day period following the efiective date of this Supplementsjry Code the Code Committee shall call a meeting of the members of tlie Industry for the purpose of electing the mem- bers of the Supplementary Code Authority. The members of the Supplementary Code Authority first elected shall serve until the folloAving anniuil meeting of the members of the Industry and there- after members of the Supplementary Code Authority shall be elected at each annual meeting of the members of the Industry to serve until the following annual meeting. Fifteen (15) clays advance notice of all meetings to be held hereunder shall be sent to all members of the Industry whose names may be ascertained after diligent search, who may vote either in person or hj proxy or by letter ballot. The members of the Supplementary Code Authority shall be elected in the following manner : (a) Seven (7) members who shall be members of the Industry engaged in the manufacture of products set forth in Class 1 of the Industry shall be elected as follows : 1. Five (5) members who are members of Class 1 of the Industry and members of the Council shall be elected by a majority vote of members of Class 1 of the Industry who are members of the Council ; each member to have one vote. 2. Two members who shall be members of Class 1 of the Industry and non-members of the Council by a majority vote of all members of Class 1 of the Industry who are non-members of the Council; each member to have one vote. (b) Three (3) members who shall be members of the Industry engaged in the manufacture of products set forth in Class 2 of the Industry shall be elected as follows: 1. Two members vAm are members of Class 2 of the Industry :ind members of the Association shall be elected by a majority vote of members of Class 2 of the Industry who are members of the Association; each member to have one vote. 2. One member wdio shall be a member of Class 2 of the Industry and a non-member of the Association by a majority vote of all mem- bers of Class 2 of the Industry who are non-members of the Associa- tion ; each memb?r to have one vote. (c) A vacancy in the membership of the Supplementary Code Authority shall be filled by a majority vote of the remaining mem- bers of the Supplementary' Code Authority ; provided, however, that the member of ilie Supplementary Code Authority who is chosen to fill such vacancy shall be elected from the division of the Industry and the Class of membership in which the vacancy has occurred. (d) In the event any Class, or Association Group, or Non- Asso- ciation Group fail to elect their allotted representatives on the Sup- plementary Code Authority, as hereinabove provided, the Supple- mentary Code Authority as at that time constituted, shall select a list of persons totaling the number of vacancies to be filled, plus three (3) additional persons qualified as to the particular classification of membership to be filled, and submit a list of their names to the Administrator who shall appoint from such list the necessary mem- 87412° 1181-92 34 2 bers of the Supplementary Code Authority, which members so ap- pointed hj the Administrator shall have all the powers and duties of such membership as though elected by the members of the Industry. ^ No member of the Industry shall have more than one representa- tive on the Supplementary Code Authority. (e) In addition thereto the Administrator may appoint a member of the Supplementary Code Authority who shall serve v\dthout vote and without expense to the Industry. The representative who may be appointed by the Administrator shall receive notice of and may sit at all meeting;; of the Supplementary Code Authority. Section 2. — The Trade Associations directly or indirectly partici- pating in the selection or activities of the Supplementary Code Authority shall (1) impose no inequitable restrictions on admission to membership and (2) submit to the Administrator true copies of their Articles of Association, By-Laws, Regulations, and any amend- ments Vvdien made thereto, together with such other information as to membership, organization, and activities as the Administrator may deem necessary to effectuate iXxK^ purpose of the Act. Section 3.- — 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 prescribe such hearings as he may deem proper; and thereafter if he shall find that the Supplementary Code Anthority. or its Agent, is not truly representative or does not in other respects comply with the provisions of the Act, may require an appropriate modification of the Supplementary Code Authority. Section Jj.. — It being found necessary in order to support the ad- ministration of this Supplementary Code and to maintain the stand- ards of fair competition established hereunder and to effectuate the policy of the Act, the Suj^plemcntary Code Authority is authorized : (a) To incur such reasonable obligations as are necessary and proper for the foregoing purposes, and to meet such obligations out of funds which may be raised as hereinafter provided and which shall be held in trust for the purposes of the Supplementary Code; (b) To submit to the Administrator for his approval, subject to such notice and opportunity to be heard as he may deem necessary (1) an itemized budget of its estimated expenses for the foregoing- purposes and (2) an equitable basis upon which the funds necessary to support such budget shall be contributed by members of the Industry ; (c) After such budget and basis of contribution have been ^\)- proved by the Administrator, to determine and obtain eqnitable contribution as above set forth by all members of the Industry, and to that end, if necessaiy, to institute legal proceedings therefor in its own name. Each member of the Industry shall pay his or its equitable con- tributi(m to the expenses of the maintenance of the Supplementary Code Authority, determined as hereinabove provided, and subject to rules and regulations pertaining thereto issued by the Administrator. Only members of the Industry compljnng with the Supplementary Code and contributing to the expenses of its administration as here- inabove provided, unless duly exempted from making such contri- 9 bution, shall be entitled to participate in the selection of members of tlie Supplementary Code Authority or to receive the benefits of any of its voluntary activities or to make use of any emblem or insij^nia of the National Recovery Adniinistration. The Supplementary Code Authority shall neither incur nor pay any obligation substantially in excess of the amount thereof as esti- mated in its approved budget, and shall in no event exceed the total amount contained in the approved budget, except upon approval of the Administrator; and no subsecpient budget shall contain any detieiency item for exjoenditures in excess of prior budget estimates except those which the Administrator shall liave so approved. Section. 5. — The Supplementary Code Authority shall have the following powers and duties, in addition to tliose authorized by other provisions of this Supplementary Code : (a) To insure the execution of the provisions of th3 Supplementary Code and provide for the compliance of the Indu.ytry vvith the provisions of the Act. (b) To adopt By-LaMs and Rules and Regulations for its i)j'o- cedure and for the administration of the Supplementary Code, subject to approval by the Administrator. (c) 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 submitted to the Supplementary Code Authority, members of the Industry subject to this Suppkmentary 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 VAd.y designate ; provided that nothing in this Su]3ple- mentary 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. (d) To use such 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 Supplementary Code and that such agencies shall at all times be subject to and comply with the provisions hereof. (e) To make recommendations to the Administrator for the co- ordination of the administration of this Supplementary Code with such other codes, if any, as may be related to the Industry. (f) To furnish from time to time the Basic Code Authority, designated in said Basic Code, such information as may be required to be furnished under the terms of the Basic Code. (g) To appoint committees to carry out its duties such as the fol- lowing : Administration, Compliances, Finance, Trade Relations, Subdivisional, and such other committees as may be required. (h) To appoint a Trade Practice Committee which shall meet with the trade practice conmiittees appointed under such other codes as ma}' be related to the Industry for the purpose of formulating fair trade practices to govern the relationships between employers under this Supplementary Code and under such other codes to the 10 end that such fair trade practices may be proposed to the Adminis- trator as amenchiients to this Supplementar;-,' Code and such other codes. Section G. — Each member of the Industry shall keep accurate and complete records of its transactions in the Industry whenever such records may be required under any of the provisions of this Supple- mentary Code, and shall furnish accurate reports based upon such records concerning any of such activities v\dien required by the Sup- plementary Code Authority or the Administrator. If the Supple- mentarj^ Code Authority or the Administrator shall determine that substantial doubt exists as to the accuracy of any such reports, so much of the pertinent books, records and papers of such member as may be required for the verification of such report may be examined by an impartial agency, agreed upon between the Supplementary Code Authority and such member, or, in the absence of agreement, appointed by the Administrator. In no case shall the facts disclosed by such examination be made available in identifiable form to any competitor, whether on the Supplementary Code Authority or other- wise, or be given any other publication, except such as may be re- quired for the proper administration or enforcement of the provisions of this Code. Section 7. — Every employer shall provide for the safety and health of employees during the hours and at the places of their employment. Standards for safety and health shall be submitted by the Supple- mentary Code Authority to the Administrator within three months after the effective date of this Supplementary Code. Section 8. — All individual and private information received by the Agent of the Supplementar}^ Code Authority from reports, or as a result of investigation, shall be held in strict confidence and not disclosed to any competitor or other persons outside the Agent's office, without the permission of the members of the Industry in- volved, except as provided in Section 5 (c) of this Article. Pro- vided, however, that such information may be disclosed to any authorized governmental agency. Section 9. — Nothing contained in this Supplementary Code shall constitute the members of the Supplementary Code Authority part- ners for any purpose, either as among themselves, or in connection with the agent of the Supplementar}^ Code Authority. No member of the Supplementary Code Authority shall be liable in any manner to anyone for any act of any other member, officer, agent, or employee of the Su])plementary Code Authority, nor shall the Agent of the Supplementary Code Authority be liable in any manner to anyone for any act of any member of the Supplementary Code or any other officer, agent, or employee thereof. No member of the Supplementary Code Authority, nor the Agent of the Sujiplementary Code Au- thority, exercising reasonable diligence in the conduct of their duties hereunder, shall be liable to anyone for any action or omission to act under this Sup])lementary Code except for his own wnllful malfeasance or non-feasance. Section 10. — If the Administrator shall determine that any action of the Supplementary Code Authority or any agency thereof may be unfair or unju.st or contrary to the public interest, the Administrator may require that such action be su.spended to afford an opportunity 11 for investiofation of the merits of such action and fnrther considera- tion by such Supplementary Code Autliority or agency pending final action which shall not be effective unless the Administrator approves or unless he shall fail to disapprove after thirty (30) days' notice to him of intention to proceed with such action in its original or modified form. Article V — Eules of Fair Competition in Manufacturing and Marketing (Superseding all Trade Practices set forth in Article V of the Basic Code) Any member of the Industry who shall directly or indirectly through any officer, employee, agent, or representative, fail to comply with any of the following rules of Fair Competition in Manufactur- ing and Marketing shall be deemed to have violated this Supple- mentary Code. Rule A. — No products of the Industry, in whole or in part, shall be sold or exchanged or offered for sale or exchange at prices less than the seller's cost of such products; such cost to be based on a formula which shall be at least as detailed and complete as the prin- ciples of the formula to be prepared by the Supplementary Code Authorit}^, and approved by the Administrator. Provided, how- ever, that if any member of the Industry desires to sell below his cost in order to meet competitive prices on articles of similar style, grade and/or specification filed in accordance with the provisions of this Section he shall first report to the agent of the Supple- mentary Code Authority and in such report cite the competition that would cause him to take such action. This revised price and/or condition of sale shall become effective immediately upon receipt thereof by said agent. Immediately upon receipt thereof, said agent shall, by telegraph or by some other equally prompt means, notify said member of the time of such receipt; and provided further that the sale of obsolete products may be made by any member of the Industry upon notice of intention to do so, in writing, to the Supple- mentary Code Authority setting forth the facts and the reasons for such proposed disposal. If any member of the Industry shall within six (G) months after any such disposal, manufacture any product whicli he has classified as an obsolete product, the emergency sale of such product below cost shall be deemed prima facie to have been in violation of this Supplementary Code. When the Supplementary Code Authority determines that an em- ergency exists in this Industry and that the cause thereof is de- structive price-cutting such as to render ineffective or seriously en- danger the maintenance of the provisions of this Supplementary Code, the Supplementary Code Authority may cause to be deter- mind the lowest reasonable cost of any or all of the products of this Industry, such determination to be subject to such notice and hearing as the Administrator may require. The Administrator may approve, disapprove, or modify the determination. Thereafter, during the period of the emergency, it shall be an unfair trade prac- tice for any member of the Industry to sell or offer to sell any prod- 12 ucts of the Industry for which the lowest reasonable cost has been determined at such prices or upon such terms or conditions of sale that the buyer will pay less therefor than the lowest reasonable cost of such products. When it appears that conditions have changed, the Supplementary Code Authority, upon its own initiative or upon the request of any interested party, shall cause the determination to be reviewed. All members of the Industry shall, within ten (10) days after the effective date of this Supplementary Code, publish for the benefit of all interested parties and file wuth the Agent of the Supplementary Code Authority copies of their current price lists or price lists and discount sheets setting forth the prices and other terms and condi- tions of sale, at which they will sell the products of the Industry to the various classes of trade for resale. Revised price lists and/or discount sheets and/or all other condi- tions of sale may be filed from time to time thereafter with the Agent of the Supplementary Code Authority as above provided by any member of the Industry, to become effective ten (10) days after actual receipt by the Agent of the Supplementary Code Authority. Copies of such revised lists and/or discount sheets and/or all other conditions of sale, with notice of the effective date thereof, shall be immediately sent to all members of the Industry, and shall be avail- able to all interested parties ; and any member of the Industry may file, if he so desires, revisions of his price list and/or discount sheets and/or conditions of sale, which shall become effective at the date when the revised list first filed becomes effective. When filing price lists or price lists and/or discount sheets as set forth in this Section A, a sufficient number thereof shall 1)e fur- nished to the Agent of the Supplementary Code Authority to enable him to supply a copy to each member of the Industry, and in addi- tion thereto, six (G) copies for the use of the Agent of the Supple- mentary Code Authority. All price lists, discount sheets, etc. shall at all times be available to all interested parties, except as qualified by the two following paragraphs. Prices shall not be quoted on products of new design or those in which fundamental changes have been made until a description of such new products or such changed jDroducts, together with the price at which such new or changed products will be sold, have been filed with the Agent of the Supplementary Code Authority. Said Agent shall not notify other members of the Industry of the proposed sale of such new or changed products for a period of thirty (30) days after prices on such new or changed products have been filed with him.^ Rale B. — No member of the Industry shall secretly offer or make any payment or allowance of a rebate, refund, commission credit, unearned discount or excess allowance, whether in the form of money or otherwise, nor shall a membei- of the Industry secretly offer op extend to any customer any special service or privilege not extended to all customers of the same class, for the purpose of influencing a sale, nor shall he withhold from or insert in any quotation or invoice any statement that makes it inaccurate in any material particular. ^ See paragraph 2 of order approving this Code. 13 Rule G. — No member of the Industry shall defame or dispara^^e a competitor, directly or indirectly, by words or acts which untruth- fully impugn his business integrit}'^, his ability to keep his contracts, his credit standing, or the quality of his products. Rule D. — No member of the Industr}^ shall 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. Rule E. — No member of the Industry shall give, permit to be given, or directly offer to give, anything of value for the purpose of influencing or rewarding the action of any employee, agent, or rep- resentative of another in relation to the business of the employer of such employee, the principal of such agent or the represented party, with or vritliout the knowledge of such employer, principal, or party, provided, however, that nothing in this Section contained shall be so construed as to prohibit free and general distribution of articles commonly used for advertising except so far as such articles are actually used for commercial bribery as hereinabove defined. Rule F.— No member of the Industry shall falsely mark or brand any product of the Industry which has the tendency to mislead or deceive customers or prospective customers, whether as to the grade, quality, quantity, size, substance, character, nature, origin, finish, or preparation of any product of the Industry, or otherwise. Rule G. — No member of the Industry shall publish advertising (whether printed, radio, display or of any other nature), which is misleading or inaccurate in any material particular, nor shall any member in any way misrepresent any goods (including but without limitation its use, trade mark, grade, quality, quantity, origin, size, substance, character, nature, finish, material, content or prepara- tion) or credit terms, values, policies, services, or the nature or form of tlie business conducted. Rule H. — No member of the Industry shall wilfully induce or at- tempt to induce the breach of existing contracts between competitors and their customers by any false or deceptive means, or interfere with or obstruct the performance of any such contractual duties or services by any such means, with the purpose and effect of hamper- ing, injuring or embarassing competitors in their business. Rule I. — No member of the Industry shall ship goods on con- sigmnent. Rule J. — No member of the Industry shall sell, or offer to sell, any of the products of the Industry for resale with the privilege of return, except for defects. Rule K. — In order to prevent discrimination and other unfair trade practices, a definite classification of trade shall be created as soon as practicable after the effective date of this Supplementary Code by the Supplementary Code Authority with the approval of the Administrator. Ride L. — No member of the Industry shall grant to any purchaser more favorable terms than two (2) percent for cash in ten (10) daj^s, net thirty (80) days from date of invoice and date of invoice shall not be subsequent to date of shipment, with the following excej)tions : 14 1. In cases where members of the Industry render numerous in- voices to a customer during any month, those invoices dated from the 1st to the 15th of the month, inckisive, may be discounted on the 25th of the same month, and those invoices dated from the 16th to the end of a month, inchisive, may be discounted on the 10th of the next following month. 2. Sales to the retail trade may be accorded a net payment period of sixty (60) days. 3. Invoices covering shipments of cooking stoves and ranges, as covered by this Supplementary Code, made during the months of September to March, inclusive, may carry a five (5) months' dating from date of shipment, but in no case may such deferred dating be extended beyond March 31st. 4. Invoices covering shipments of lighting and heating devices, as covered by this Supplementary Code, made during the months of May, June, July, August and September, may be dated Sep- tember 30th. If sellers desire to permit anticipated cash discount payments on deferred dated invoices, as referred to in Clauses 3 and 4 above, they may do so at a rate not exceeding one-half (i^) of one (1) per cent per month. Rule M.—No member of the Industry shall give any guarantee against decline in price, except as against the seller's own decline up to date of shipment. Huh N. — No member of the Industry shall give free goods, except as samples, or grant any advertising, catalog, sales promotion, or demonstration allowances in connection with the sale of liquid fuel appliances, not extended to all purchasers under like conditions and duly published. Provided, however that the restriction of this Section shall not apply to the furnishing of electrotypes of stock catalog pages or other advertising matter. Bule O. — No member of the Industry shall sell or offer for sale any distillate burner of sleeve type that does not meet the following specifications; provided, however, that where a manufacturer of such equipment desires to manufacture a burner of this type, with other materials than those specified, or desires to use a different combina- tion of parts than those specified, such manufacturer shall first apply to the Code Authority for permission to do so and he shall at the same time submit proof that the substitutions requested will offer to the consumer protection and service equivalent to that offered by a burner constructed as herein provided. The Code Authority w^ill pass upon this petition. If denied, the ai^plicant may apply to the Administrator for permission and the decision of the Adminis- trator shall be final. (a) The burner top ring top cajDs and sleeves shall have a thick- ness of not less than .026" and shall be made of an iron-chromium alloy with a chromium content of not less than 16-18 percent and a nickel content of not more than 1 percent, or alloys of equivalent heat resistance. Any alloy proposed for substitution for the one here specified shall have equivalent resistance to change of shape at high temperature and to reaction with oxygen and sulphur. (b) The burner sleeves shall have a height of 4%" or more. 15 (c) Other construction and material specifications must comply with the Underwriters' Laboratories' requirements as specified in their Code of April 1932 and amendments to June 1, 1933. (d) Distillate conversion burners (class 2) must include all of the following component parts : Oil container and stand, hand control metering valve or valves, minimum of six feet of copper tubing ^oith single burners, and seven feet with multiple burners ; suitable fittings ; bases and supports, ap- proved wicldng; sleeves; top rings; caps and the necessary bolts and screws for proper installation. (e) Quality of material, workmanship and packing must comply with the Underwriters' Laboratories' requirements as specified in their Code of April 1932 and amendments to June 1, 1933. Rule P. — No product under Class 2 of this Industry shall be sold by the manufacturer under a guarantee more favorable than the following : The manufacturer guarantees all parts of the equipment shipped under this guarantee for one year (and no longer) from date of installation thereof against defective material or workmanship (but not against damage caused by accident, abuse, or faulty installation) when the equipment is installed in accordance with the manufac- turer's specifi<:ations. Article VI — Export Trade No provision of this Supplementai"y Code relating to prices or terms of selling, shipping or marketing shall apply to direct export sales or to sales of iiny product destined ultimately for export or to sales of parts used in the manufacture of products for export. The term " export " shall include shipments to all points outside of the continental LTnited States, provided, however, that no shipments to any territory or possession of the United States shall be considered an export when any member of the Industry is engaged in the In- dustry in such territory or possession. Article VII— MoDincATioNs 1. As provided in subsection (b) of Section 10 of the Act, the President may from time to time cancel or modify any order, ap- proval, license, rule, or regulation issued under Title I of said Act. 2. This Supplementary Code, except as to provisions required by the Act, may be modified and/or amended on the basis of experience or changes in circumstances, such modifications and/or amendments t-o be based upon application by the Agent of the Supplementary Code Authority or other representative group within the Industry to the Administrator and such notice and hearing as he shall specify and to become effective as part of this Supplementary Code on approval by the Administrator. Article VIII — Withdrawal Upon ten (10) days' notice to the Supplementary Code Authority and to the Basic Code Authority and to the Administrator either Class 1 or Class 2 or both may, upon the concurring afHrmative vote 16 of the members of such Class entitled to cast two-thirds or more of all the votes that might be cast by all such members within such Class entitled to vote thereon, withdraw from the jurisdiction of the Basic Code Authority and/or this Supplementary Code Authority; provided, however, that such withdrawal shall not become effective until such time as the particular class or classes shall be subject to the provisions of another approved code or codes. The eligibility of voters and the method and effect of such voting shall be in accord- ance with provisions of Section 1 of Article IV of this Supplemen- tary Code. Thereafter this Supplementary Code for such Class, to- gether with the provisions of this Supplementary Code except such portions as are not pertinent thereto, as determined by the Supple- mentary Code Authority and the Administrator, shall become the Supplementary Code governing the remaining Class if any, and its Supplementary Code Authority shall become and be the sole Code Authority and shall perform all the functions thereof with respect to this Code. Article IX — Monopolies No provision of this Supplementary Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, op- press, or discriminate against small enterprises. Article X — Price 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 v>'ages, it is recognized that price in- creases except such as may be required to meet individual cost should be delayed, and when made such increases should, so far as possible, be limited to actual additional increases in the seller's costs. Article XI — Eefective Date and Duration This Supplementary Code shall become effective at 12 : 01 o'clock A. M. on the tenth (lOtli) day after it is approved, and shall continue in effect until June 16, 1935, or the earliest date prior thereto on which the President shall, by proclamation, or the Congress shall, by joint resolution, declare that the emergency recognized by Section 1 of the National Industrial Recovery Act has ended. Approved Code No. 84 — Supplement No. 53. Registry No. 1125-03. o UNIVERSITY OF FLORIDA 3 1262 08855 7649