Approved Code No. 84 — Supplement No. 36 Registry No. 1316—01 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE LIFT TRUCK AND PORTABLE ELEVATOR MANUFACTURING INDUSTRY (A Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry) AS APPROVED ON JUNE 23, 1934 WE DO OUR PART UNIV. OF FL LIS. DOCUilENTS DEPT. » » ' ' /% J U.S. DEPOSITORY UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For Bale by the Superintendent of Documents, Washington, D.C. ..>.--.. Price 5 cents This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D.C., and by district offices of the Bureau oi Foreign and Domestic Commerce. DISTRICT OFFICES OF TEE DEPARTMENT OF COMMERCE Atlanta, Ga. : 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : ISOl 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. 36 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE LIFT TRUCK AND PORTABLE ELEVATOR MANUFACTURING INDUSTRY As Approved on June 23, 1934 ORDER Approving Supplementary Code of Fair Competition for the Lift Truck and Portable Elevator 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 Industrial Recovery Act, approved June 16, 1933, and in accordance with the provisions of Section 1 of Article VI of the Basic Code for the Fabricated Metal Products JSIanufacturing and Metal Finishing and Metal Coating Industry, approved November 2, 1933, for approval of a Supplementary Code of Fair Competition for the Lift Truck and Portable Elevator 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 Recoveiy, 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 hereby approved; provided, however, that the provisions of Article VII, Section 1, insofar as they prescribe a waiting period between the filing with the Code Authority (or such agency as may be designated in the Code) and the effective date of price lists, as originally filed and/or revised price lists or revised terms and condi- 69693° 657—139 84 1 (1) tions of sale, be and they hereby are stayed pending my further Order. Hugh S. Johnson, Adininistrator for Iiidustrlol Recovery. Approval recommended : Barton W. Murray, Acting Division Administrator. Washington, D.C, Jmie 23, 1934. REPORT TO THE PRESIDENT The President, The White House. Sir : This is a report on the Supplementary Code of Fair Compe- tition for the Lift Truck and Portable Elevator Manufacturing Industry, a Division of the Fabricated Metal Products Manufactur- ing and Metal Finishing and Metal Coating Industry, the hearing having been conducted thereon in Washington, D.C., April 9, 1934, in accordance with the provisions of Title I of the National Industrial Recovery Act. GENERAL STAn::\rENT The Lift Truck and Portable Elevator Manufacturing Industry, being truly representative of this division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, has elected to avail itself of the option of submitting a Sujjplementary Code of Fair Competition, as provided for in Sec- tion 1 of Article VI of the Basic Code, for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industr}' 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 in the Supple- mentary 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 Supplementary Code. Article IV establishes a Supplementary Code Authority consisting of five (5) members to be elected by the members of the Industry at a meeting called by the Temporary Supplementary Code Author- ity, and gives the Administrator the authority to appoint one addi- tional member without vote and provides machinery for obtaining statistics and the administration of the Supplementary Code. Article V provides for the formulation of an accounting system and methods of cost finding and/or estimating. Article VI provides for selling below cost as determined by a uniform method of costing, except in the cases of dropped lines or seconds or inventories which must be liquidated to meet emergency needs and in order to meet competition. Article VII provides for the filing of prices for products of the Industry. Article VIII 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. (3). Article IX sets forth that no provision relating to prices or terms shall apply to export trade. Article X contains the mandatory provisions contained in Section 10 (b) of the Act and also provides for the submission of proposed amendments to the Supplementary Code. Article XI provides against monopolies and monopolistic practices. Article XII recognizes that price increases be limited to actual additional increases in the seller's costs. Article XIII states the effective date of this Supplementary 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 jDolicies 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 temporarily required), by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise 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 re- spects 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 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 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 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. For these reasons, therefore, I have approved this Supplementary Code. Respectfully, Hugh S. Johnson, Adimnistraior. June 23, 1934. SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE LIFT TRUCK AND PORTABLE ELEVATOR MANU- FACTURING INDUSTRY A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND METAL FINISHING AND METAL COA'nNG 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 Lift Truck and Portable Elevator Manufacturing 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 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 " The Lift Truck and Portable Elevator Manufacturing Industry ", hereinafter referred to as the Industry, means and in- cludes the manufacture for sale of all types of hand lift trucks, skid platforms, palettes, portable elevators of the type commonly known as Stackers or Tiering Machines, storage or barrel racks, and accessories. The term " member of the Industry " as used hf rein includes, but without limitation, any individual, partnership, association, corpo- ration or other form of enterprise engaged in the Industry, either as an employer or on his or its own behalf. The term " employee " as used herein includes any and all per- sons engaged in the Industry, however compensated, except a mem- ber of the Industry. The term " employer " as used herein includes anyone by wdiom such employee is compensated or employed. 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. 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 " Supplementary Code Committee " as used herein is defined to mean the committee authorized to present this Supple- mentary Code. 15) The term " Supplementary Code Authority " as used herein means the agency which is to administer this Supplementary Code, as hereinafter provided. The term "Association " as used herein is defined to mean the A&sociation of Lift Truck and Portable Elevator Manufacturers, or its successor. The term " Federation " as used herein, is defined to mean the Fabricated Metal Products Federation, or its successor. The term " Confidential Agent " as used herein, is defined to mean the Secretary of the Association of Lift Truck and Portable Elevator Manufacturers. 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 November 2, 1933, including Section 1 of said Article III by which the provisions of subsection (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 provi- sions of this Supplementary Code. Article IV — Organization and Administration Section 1. During the period not to exceed sixty (60) days fol- lowing the effective date of this Supplementary Code, the Supple- mentary Code Committee of the Industry shall constitute a tempo- rary Supplementary Code Authority until the Supplementary Code Authority is elected. There shall be constituted within the sixty (60) day period a Supplementary Code Authority consisting of five (5) members to be elected by the members of the Industry, at a meeting called by the temporary Supplementary Code Authority, upon ten (10) days notice sent by registered mail to all members of the Industry whose names may be ascertained after diligent search, who may vote either in person or by proxy. The members of the Supi^lementary Code Authority first elected shall serve until the following annual meeting of the Association, and thereafter, mem- bers of the Supplementary Code Authority shall be elected at a meet- ing of the members of the Industry to be held at the time and place of each annual meeting of the Association to serve until the follow- ing annual meeting. The members of the Supplementary Code Authority shall be elected in the following manner : (a) Four (4) members who shall be members of the Industry and shall be members of the Association by a majority vote of all mem- bers of the Industry present in person or by proxy, each member to have one (1) vote. (b) One (1) member who shall be a member of the Industry and a non-member of the Association by a majority vote of all members of the Industry who are non-members of the Association. In the event that the non-members of the Association fail to elect a mem- ber on the Supplementary Code Authority, the names of three (3) such members shall be submitted by the members of the Association, one (1) of whom shall be appointed by the Administrator. (c) A vacancy in the membership of the Supplementary Code Authority shall be filled by majority vote of the remaining members of the Supplementary Code Authority; provided, however, that the vacancy shall be filled from the class of membership in the Supple- mentary Code Authority in which such vacancy occurs. (cl) The Administrator, in addition thereto, may appoint a mem- ber of the Supplementary Code Authority to serve without vote and without expense to the Industry unless the Supplementary Code Authority shall agree to pay such expenses. The member appointed by the Administrator shall receive reasonable notice of and may sit at all meetings of the Supplementary Code Authority. Section 2. Each trade association directly or indirectly participat- ing in the selection or activities of the Supplementary Code Au- thority shall (1) impose no inequitable restrictions on membership, and (2) submit to the Administrator true copies of its Articles of Association, By-Laws, Kegulations, and any amendments when made thereto, together with such other information as to member- ship, organization, and activities as the Administrator may deem necessary to effectuate the purposes 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 re- spects 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 Authority is not truly representative or does not in other respects comply with the provi- sions of the Act, may require an appropriate modification of the Supplementary Code Authority, Section 4. Nothing contained in this Supplementary Code shall constitute the members of the Supplementary Code Authority part- ners for any purpose; nor shall any member 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 wilful malfeasance or nonfeasance. Section 5. The Confidential Agent shall also, from time to time, furnish to the Basic Code Authority, designated in said Basic Code, such information as may be required to be furnished under the terms of said Basic Code. Section 6. To the extent permitted by the Act and subject to such rules and regulations as the Administrator may prescribe, any or all information furnished to the Supplementary Code Authority by any member of this Industry pursuant to the provisions of this Supplementary Code shall be subject to verification by an impartial agency agreed upon by the Supplementary Code Authority aad the member of the Industry in question, and, failing such agreement, such impartial agency shall be selected by the Administrator, which impartial agency may check so much of the pertinent books, ac- 8 counts and records of such member of the Industry as may be re- quired to verify the accuracy of the information so furnished. Section 7. The Supplementary Code Authority shall have power to investigate complaints of violations of the Supplementary Code filed with it by any member of the Industry. Section 8. Subject to such rules and regulations as may be issued by the Administrator, the Supplementary Code Authority shall have the following powers and duties, in addition to those authorized b}^ other provisions of this Supplementary Code : (a) To insure the execution of the provisions of this Supple- mentary Code and to provide for the compliance of the Industry with the provisions of the Act. (b) To adopt B3'-Laws and Rules and Regulations for its procedure. (c) To obtain from members of the Industry such information and reports as are required for the administration of the Supplemen- tary Code. In addition to the information required to be submitted to the Supplementary Code Authority, members of the Industry sub- ject to this Supplementary Code shall furnish such statistical infor- mation as the Administrator may deem necessary for the purposes lecited in Section 3 (a) of the Act to such Administrative and/or Government agencies as he may designate ; provided that nothing in this Supplementary Code shall relieve any member of the Industry of any existing obligation to furnish reports to any Government agency. No individual reports shall be disclosed to any other mem- ber of the Industry or any other ])arty except to such other Govern- ment agencies as may be directed by the Administrator. (d) 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. (e) To make recommendations to the Administrator for the coor- dination of the administration of this Supplementary Code with such other codes, if any, as ma}' be related to or affect members of the Industry. (f ) 1. It being found necessary in order to support the administra- tion of this Sup})lementary Code and to maintain the standards of fair competition established hereunder and to effectuate the policy of the Act, the Supplementary Code Authorit}'^ 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 ma}^ be raised as hereinafter provided and which shall be held in trust for the purposes of the Supplementarj^ 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 ap- proved by the Administrator, to determine and obtain equitable contribution as above set forth by all members of the Industry, and to that end, if necessary, to institute legal proceedings therefor in its own name. 2. Each member of the Industry shall pay his or its equitable con- tribution 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 complying with the Supplementary Code and contributing to the expenses of its administration as here- inabove provided, shall be entitled to participate in the selection of members of the Supplementary Code Authority or to receive the benefits of any of its voluntary activities or to make use of any emblem or insignia of the National Recovery Administration. 3. The Supplementary Code Authority shall neither incur nor pay any obligation in excess of the amount thereof as estimated in its approved budget, except upon approval of the Administrator; and no subsequent budget shall contain any deficiency item for expendi- tures in excess of prior budget estimates except those which the Administrator shall have approved. (g) To recommend to the Administrator any action or measures deemed advisable, including further fair trade practice provisions to govern members of the Industry in their relations with each other or with other industries ; measures for industrial planning and stabilization of employment; and including modifications of this Supplementary Code which shall become effective as part hereof upon approval by the Administrator after such notice and hearing as he may specify. (h) 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 formulating fair trade practices to govern the relationships between employers under this Supplementary Code and under such other codes to the end that such fair trade practices may be proposed to the Administrator as amendments to this Suj^plementary Code and such other codes. (i) 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 six (6) months after the effective date of the Supplementary Code. Section 9. If the Administrator believes that any action of the Supplementary Code Authority or any agency thereof is 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. Further action by such Supplementary Code Authority or agency regarding the matter com- plained of may be taken if approved by the Administrator, but shall not be taken if disapproved by the Administrator, within thirty (30) days of notice to him of intention to proceed with such action. Article V — Accounting and Costing The Supplementary Code Authority shall cause to be formulated an accounting system and methods of cost finding and/or estimating 10 capable of use by all members of tlie Industry. After such sys- tem and methods have been formulated and approved by the Ad- ministrator, full details concerning them shall be made available to all members. Thereafter all members shall determine and/or esti- mate "Costs in accordance with the principles of such methods. Article VI — Selling Below Cost No member of the Industry shall sell or exchange any product of the Industry at a price, or upon terms and conditions, which will result in the purchaser paying for the goods received, less than the cost thereof to the seller, determined in accordance with a uniform method of costing above described in Article V; provided, however, that dropped lines or seconds, or inventories which must be con- verted into cash to meet emergency needs may be disposed of by any member of the Industry, at any price and on any terms and conditions, but only if such member of the Industry, before such disposal, has filed with the Supplementary Code Authority, a state- ment in writing, setting forth the fact of, and reasons for, such pro- posed disposal; and provided further, that upon notification to the Supplementary Code Authority, any member of the Industry may sell below his costs in order that he may meet competitive prices filed in accordance with the provisions of Article VII of this Supple- mentary Code, or to meet competition from products of equivalent design, character, quality or specifications. Article VII — Price Lists Section 1. Each member of the Industry shall, within ten (10) days after the effective date of this Supplementary Code, file with the Supplementary Code Authority, through its Confidential Agent, a net price list or price list and discount sheet and/or all other condi- tions of sale, in such form and for such products as the Supplemen- tary Code Authority may prescribe, and the Supplementary Code Authority shall immediately send copies thereof to all known mem- bers of the Industr}^ Avho manufacture such products, and such lists shall be made available to all interested parties at the office of the Confidential Agent. Revised, new or additional price lists and/or discount sheets and/ or all other conditions of sale, if made, shall be filed from time to time thereafter with the Supplementary Code Authority by any member of the Industry, to become effective ten (10) days after actual receipt by 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 known members of the Industry who manufacture such products, and shall be aA^ailable at the office of the Supplementary Code Authority 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 effec- tive as of the date when the revised ist first filed becomes effec- tive, provided that he shall not establish prices lower, nor discounts greater, nor conditions of sale more favorable than those contained in the revised list first filed. 11 Each member of the Industry shall furnish the Supplementary Code Authority, for distribution, such number of copies of his price lists and/or discount sheets and any revisions thereof, as the Sup- plementary Code Authority may prescribe. The provisions of this Section shall apply to any additional prod- ucts of the Industry which the Supplementary Code Authority may from time to time prescribe; provided, however that the Supple- mentary Code Authority shall make no determination to place any such additional product of the Industry on a price list basis, unless two thirds of the members who are at that time engaged in manu- facturing such products shall affirmatively consent that such deter- mination be made and such determination is approved by the Administrator/ Section 2. No member of the Industry shall sell or offer for sale any product of the Industry at prices or terms and conditions of sale other than the prices noted in his jjrice lists or terms and conditions of sale previously filed by such member with the Supplementary Code Authority, in accordance with the provisions of Section 1 of this Article and in effect at the time of such sale. Article VIII — Unfair Trade Practices In addition to the Unfair Trade Practices covered by Article V (excepting Sections A, F and G) of the Basic Code, as though herein repeated and set forth at length, and for all purposes of this Supple- mentary Code, the following described acts shall constitute unfair practices. Any member of the Industry who shall directly, or in- directly through any officer, employee, agent or representative, use or employ any of such unfair practices shall be guilty of a violation of this Supplementary Code. Rule 1. Inaccurate advertising. — No member of the Industry shall publish advertising (whether printed, radio, display, or of any 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 preparation) or credit terms, values, policies, services, or the nature or form of business conducted. Rule 2. Inaccurate description of pi'oduct. — No member of the Industry shall describe any product or any part of any product in any manner which is intended to or does deceive or mislead purchasers with respect to the brand, grade, quality, quantity, origin, size, substance, character, nature, finish, material, content, or prepara- tion of such goods. Rule 3. Threats of litigation. — No member of the Industry shall publish or circulate unjustified or unwarranted threats of legal pro- ceedings which tend to or have the effect of harassing competitors or intimidating their customers. Rule 4. Inducing hreach of existing contracts. — No member of the Industry shall wilfully induce or attempt to induce the breach of existing contracts between competitors and their customers by any false or deceptive means, or interfere with or obstruct the perform- ^ See paragraph 2 of order approving this Code. 12 ance of any such contractual duties or services by any such means, with the purpose and effect of hampering, injuring or embarrassing competitors in their business. Rule 5. Price guarantees. — No member of the Industry shall offer or extend a guarantee against decline or advance in the selling price of products. Rule 6. Invoice dating. — No member of the Industry shall date an invoice other than the date of shipment. Rule 7. TranspoTtation allowances. — No member of the Industry shall make an allowance for all or any portion of transportation costs, except where transportation charges are figured as a part of the original costs and are included in the selling price. Rule 8. Consequential damages. — No member of the Industry shall enter into any agreement to assume responsibility for consequential damages and other items of expense which normally cannot be antici- pated in original costs or selling prices. The term " consequential damages" is defined to mean any damages (1) other than, or in excess of, the reasonable cost of repairing or replacing any defective machinery, equipment or parts furnishecl by the employer under the contract, or (2) other than stipulated, liquidated damages relating to delivery, completion and/or performance. Nothing contained in this paragraph shall be construed to limit an employer's legal liability for negligence. Article IX — Export Trade No provisions of this Supplementary Cade relating to prices or terms of selling, shipping or marketing shall apply to export sales or shipments for export trade within the meaning of the term " ex- port trade ", as is used in the Export Trade Act, adopted April 10, 1918; provided, however, that exceptions due to particular circum- stances shall be submitted to the Supplementary Code Authority for ^ts consideration and determination, and its decision shall be subject to the approval of the Administrator. Article X — Modifications 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 sub-section (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 the said Act. Section 2. This Supplementary Code, except as to provisions re- quired by the Act, may be modified on the basis of experience or changes in circumstances, such modification to be based upon appli- cation by the Supplementary Code Authority to the Administrator and such notice and hearing as he shall specify ; and to become effec- tive and be a part of this Supplementary Code on approval by the Administrator. " Article XI — Monopolies, Etc. No provision of this Supplementary Code shall be so applied as to permit monopolies or monopolistic practices, or to eliminate, oppress or discriminate against small enterprises. 13 Article XII — 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 wages, it is recognized that price increases 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 seller's costs. Article XIII — Effective Date of Supplementary Code This Supplementary Code shall become effective at 12 : 01 A.M. o'clock on the tenth day after it is approved by the President. Approved Code No. 84 — Supplement No. 36. Registry No. 1316-01. o UNIVERSITY OF FLORIDA 3 1262 08853 8532