UNIVERSITY OF FLORIDA 3 1262 08486 7570 v/ Registry No. 216—09 NATIONAL RECOVERY ADMINISTRATION PROPOSED CODE OF FAIR COMPETITION FOR THE AMERICAN WHOLESALE IMPORTERS AND SELLING AGENTS OF IMPORTED MALE WEARING APPAREL INDUSTRY AS SUBMITTED ON AUGUST 31, 1933 WE DO OUR PART The Code for the American Wholesale Importers and Selling Agents of Imported Male Wearing Apparel Industry in^its|present form merely reflects the proposal of the above-mentioned industry, and none of the provisions contained therein are to be regarded as having received the approval of the National Recovery Administration as applying to this industry UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1933 For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents StTBMITTEa) BT AMERICAN WHOLESALE IMPORTERS AND SELLING AGENTIS OP IMPORTED MALE WEARING APPAREL (K) CODE OF FAIR COMPETITION FOR AMERICAN WHOLE- SALE IMPORTERS AND SELLING AGENTS OF IMPORTED MALE WEARING APPAREL Article I Section 1. The provisions of this code shall apply to any indi' viduals, organizations, or corporations offering at wholesale, any such merchandise in the United States. Sec. 2. Price Fixing. — The fixing of prices by agreement among wholesale Importers and Selling Agents is prohibited. Sec. 3. Specific Inducements. — No rebates, bonuses, extra discounts, freight allowances, delivery allowances, storage allowances, over- shipments without charge, gifts, advertising allowances, or other tangible inducement of economic advantage shall be given to any customer unless such rebates, bonuses, discounts, freight allowances, storage allowances, overshipments without charge, gifts, advertising allowances, or other tangible inducements, or economic advantages are published and allowed to all other customers. Sec. 4. Sales Beloio Cost. — No garment or class of garments shall be sold for less than cost of such garment or class of garments, including selling costs. Customs duties, charges, freight, clearance and handling charges, except those discontinued lines, seconds, or garments accumulated from previous selling seasons which may be sold for less than cost. On and after effective date it shall be unfair competition for any wholesale Importer or Selling Agent, either directly or indirectly, to sell their product at a price below its cost as determined above, without any subterfuge and in accordance with sound accounting practice. There shall be excepted, however, from the provisions of this section seasonal clearances of merchandise, and the following dates are fixed for such seasonal sales : Spring goods, on and after May 15th. Fall goods, on and after December 15th. Dropped lines or surplus stocks, sometimes designated as " close- outs," or inventories which must be converted into cash to meet immediate needs, may be sold on dates prior to those mentioned in the preceding clause, at such prices as are necessary to move the merchandise into the buyers' hands. However, all such stocks must first be reported to the Code Authority of The American Wholesale Importers and Selling Agents of Imported Male Wearing Apparel. Article II Section 1. AppUcahility of the Article. — This article shall be applicable to all employes except traveling salesmen and those oc- cupying executive or supervisory positions. 9697—33 (1) Sec. 2. Employment of Minors. — After August 31st, 1933, employ- ment of any persons under the age of 16 years is prohibited, except persons between the ages of 14 and 16 may be employed not to exceed three (3) hours per day and between the hours of 7 a.m. and 7 p.m. in such work as will not interfere with the hours of day school. Sec. 3. MaximAim Hours of Labor. — Forty hours shall constitute a week's work and no employee shall be required or permitted to work any longer time. No employee shall be employed or permitted to work for one or more employers in the industry in the aggregate in excess of the number of hours prescribed in this section. Sec. 4. Minimum Wage. — No person shall be employed at a wage less than Fifteen Dollars per week except minors employed in ac- cordance w4th Section two (2) of this article who shall be paid not less than 27 cents per hour. Article III Section 1. Consignments. — The sale of garments on consignment is prohibited as an unfair method of competition. The term " con- signment " as herein used shall include the delivery b}^ an Importer or Selling Agent to any distributor, as agent, purchaser, or otherwise, under any agreement or understanding, expressed or implied, pur- suant to which the seller retains any lien upon or title to or interest in the goods delivered, or pursuant to which the distributor may at his option, return any of the goods or claim any credits with respect thereto. This prohibition shall not apply to contracts entered into prior to July 14th, 1933. the terms of which expire within one year from the date of the enactment of the Industrial Recovery Act. Article IV Section 1. For the better protection of retail merchants and the general public, every individual, organization, or corporation oper- ating under this code shall be required to maintain within the United States a permanent registered office and with responsible representa- tion during regular business hours. Article V Section 1. Code Anthority. — A board which may consist of not more than four (4) members shall be established to be known as The Code Authority. One member may be appointed by the Adminis- trator of the iST.R.A. and such member shall be chairman of the board. Two members shall be appointed by the individuals, organi- zations, or corporations subscribing to this code. One member may be appointed by the employees of the individuals, organizations, or corporations subscribing to this code. Sec. 2. Authority and Power. — The Code Authority shall have the primaij responsibility for the administration of this code, the stand- ards of operation set forth therein, and all appropriate rules and regulations made pursuant thereto. In connection with such responsibility, the code authority shall have the following authorities and powers. (A) Authority and power to cooperate, so far as possible, with the Administrator in making investigations as to the functioning and observance of the provisions of this code and the standards of opera- tion set forth therein at its own instance or on complaint by any person affected and to report its findings to the Administrator. (B) Authority and power to submit any amendments or changes in this code which experience may prove advisable. J. W. Magnus, Chairman^ W8 Fifth Avenue, New York. E. B. Walters, Secretary, ^Jf5 Fifth Avenue, New York. August 30th, 1933. O Digitized by the Internet Archive in 2011 with funding from University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation http://www.archive.org/details/proposedcodeoffa7570unit