v' 

Approved Code No. 177 Registry o. 1223- 1- 02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

SILVERWARE 

MANUFACTURING INDUSTRY 

AS APPROVED ON DECEMBER 23, 1933 

BY 

PRESIDENT ROOSEVELT 

1. Executive Order 

2. Letter of Transmittal 

8. Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

For sale by the Superintendent of Documents, Washington, D.C. • • • - • • • • Price 5 cents 
This publication is for sale by the Superintendent of Document.s, Government 

Printing Office, Washington, D.O., and by district offices of the Bureau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

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Seattle, "\Ya h.: 09 Federal Building. 
Approved Code No. 177 

CODE OF FAIR COMPETITION 

FOR THE 

SILVERWARE MANUFACTURING INDUSTRY 

As Approved on December 23, 1933 

BY 

PRESIDENT ROOSEVELT 

Executive Order 

An application having been duly made, pursuant to and in full 

compliance with the provisions of Title I of the National Indu trial 

Recovery Act, approved June 16, 1933, for my approval of a Code of 

Fair Competition for the Silverware Manufacturing Industry, and 

hearings having been held thereon and the Administrator having rendered his report containing an analysis of the said Code of Fair 

Competition together with his recommendations and findings with 

respect thereto, and the Administrator having found that the said 

Code of Fair Competition complies in all respects with the pertinent 

provisions of Title I of said Act and that the requirements of clauses 

(1) and (2) of subsection (a) of Section 3 of the said Act have been 

met. 

NOW, THEREFORE, I, Franklin D. Roosevelt, President of the 

United States, pursuant to the authority vested in me by Title I of 

the National Industrial Recovery Act, approved June 16, 1933, and 

otherwise, do adopt and approve the report, recommendations and 

findings of the Administrator and do order that the said Code of 

Fair Competition be and is hereby approved. 

FRANKLIN D. ROOSEVELT. 

Approval recommended: 

H UGH s. JOHNSON, 

Adtmini,strator. 

THE WHITE HousE, 

December 1£3, 1933. 

28292°- 296-40- 33 (389) 
DECEMBER 17, 1933. 

The PRESIDENT, 

The White House. 

Srn: A Public Hearing on the Code of Fair Competition for the 

Silverware :Manufacturing Industry, submitted by the Silverware 

Manufacturers Institute, 20 West 47th Street, New York, N.Y., was 

conducted in Washington on the 2nd of October, 1933, in accordance 

with the provisions of the National Industrial Recovery Act. This 

Association claims to represent ninety percent (90%) of the 

Industry. 

The maximum hours permitted under this Code are forty ( 40) 

per week. During peak demand periods employees may be permitted 

to work forty-eight (48) hours per week, provided that the average 

for any three months period does not exceed forty ( 40) hours per 

week. Provision is made for the employment of hub and die-cutters 

for forty-eight ( 48) hours per week, but this cla s of employee shall 

not exceed five percent ( 5%) of the total number of employees. 

Watchmen and engineers may work forty-t~ (42) hour when 

aYeraged over any two week period. Members of the Industry while 

doing productive work shall come under the maximum hours provided for in the Code. 

The minimum wage is thirty-five cents (35¢) per hour. Provision 

is made for learners, who are to be paid eighty percent ( 80%) of the 

minimum wage for a three months learning period, but this class of 

employee shall not exceed 5% of the total number of employees. 

Aged employees to the extent of 2% of the total employees . hall be 

paid not less than eighty percent (80 %) of the minimum wage. 

P~oyision is made for an equitable adjustment of all wages above the 

m1n1m um. 

Silverware is a luxury. The raw materials which are u ed are 

costly and this must be recognized in considering the problems of 

production. Thi should undoubtedly be given much consideration 

in seeking to account for the rapid decline of the industry ince 

1929 at which time the total value of the products of the indu try 

were $ 5,800,000.00. This had declined in 1932 to $33,000,000.00. 

There was a loss of 29 firms operating in the industry from 1929 to 

1933. 

It should al o be empha ized that the busine i largely ea onal 

since the sales are mostly made at c rtain ea on , viz, Fall, 1fay and 

June for "\Veddino-s, and Christmas. For that rea on it is important 

that the hour be averaged down to forty ( 40) p r w ek over a thr em on th p riod rath r than a flat forty (40) hour eek. 

St. le, fin tuations in price of ilY I, antl other mat rial 

demantl pla a large part in this in lu tr , and it i almo t imp ible 

to anti ipat l mand , thu leavino- no Io ibl wa. f so pr acling 

out the work and the sales ov r v ral month o as to relieve on-

(390) 
~91 

gestion and give steady employment to the workers and thus prevent 

the "dull " season. 

In April 1933 there were 1,572 unemployed workers in this industry. Between April and October 1933 there has been a 20% increase 

in employment and approximately 17% increa e in the average 

hourly rate of pay. 

FINDINGS 

The Admini trator finds that: 

(a) The Code as recommended complies in all respects wi h the 

pertinent provisions of Title I of the Act, including, without limitation, sub ection (a) of Section 7 and subsection (b) of Section 10 

thereof; and that 

(b) The Silverware 1fanufacturers In titute, the applicant group 

herein, imposes no inequitable re trictions on admi ion to membership and is truly representative of the Silverware :Manufacturing 

Industry. 

( c) The Code as recommended is not de igned to promote monopolies or to eliminate or oppress small enterpri es and will not operate 

to discriminate against them, and will tend to e:ff ectuate the policy 

of Title I of the ational Industrial Recovery Act. 

This Industry has cooperated in a mo t satisfactory manner with 

the Administration in the preparation of this Code. From evidence 

adduced during this hearing and from recommendations and reports 

of the various Advisory Boards it is believed that this Code as now 

proposed and revised represents an effective, practical, equitable 

solution for this Industry and its approval as herewith submitted is 

recommended. 

Respectfully, 

HUGHS. JOHNSON, 

Administrator. 
CODE OF FAIR COMPETITION 

FOR THE 

SILVERWARE MANUFACTURING INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Industry, and upon approval by the President, its provisions shall be the standards of fair competition for 

such Industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

1. The term the " Industry" as used herein shall mean the manufacture of Sterling Silverware, Plated ware, Pewter; the manufacture 

of table knives, forks, spoons, and other flatware, hollow ware, 

toiletware, ornaments, Ecclesiastical ware, novelties, etc., where such 

articles are composed of solid silver, of metal plated with silver, 

gold, or other metal, or of nickel silver, or of pewter. 

2. The term "member of the industry" includes, but without limitation, any individual, partnership, association, corporation, or other 

form of enterprise engaged in the industry, either as an employer or 

on his or its own behalf. 

3. The term "Institute" as u,sed herein shall mean the Silverware 

Manufacturers Institute. 

4. The term " divi ion" refers to the several parts of the industry 

which are or may be established by the Institute under the definitions in Section 1, as follows: 

1. Plated Flatware 

2. Plated Hollow ,v are 

3. Plated Toiletware and Novelties 

4. Hotel ware- F 1 a t w a r e and 

Hollow ,v are 

5. Pewter, Chromium Plate and 

Miscellaneous 

6. St rling Flatware 

7. Sterling I-Iollow Ware 

8. terling Toiletware 

9. terling N.ovelti 

5. The term "employee" as us d herein include anyone enga0 ed 

in the indu try in any capacity receivino- compen ation for his 

servi , irr pective of the nature or m thod of I ayment of such 

comr n ation. 

G. Th t rm " 1 arn r " a,s used h rein shall mean any mployee 

with n more than thr e months' e ·p ri nc or Ptnplo 1ment in this 

industry. 

(39Q) 
393 

7. The term " hotel ware" (hollow ware and flatware) as used 

herein shall include that merchandise customarily sold to the hotel, club, restaurant, railroad, and steamship trade. 

8. The terms "Act" and "Admini trator" as used herein shall mean 

respectively Title I of the National I ndustrial Recovery Act, and 

the Administrator for I ndustrial Recovery. 

ARTICLE III-Houns 

1. No employee shall be permitted to work in excess of forty (40) 

hours in any one week or eight ( 8) hours in any one day, except as 

follows : 

(a ) This limitation shall not apply to seasonal peak demand peri• 

ods during which, however, no employee shall be permitted to work 

in excess of forty-eight ( 48) hours in any one calendar week; nor 

shall the average hours of employment for any three (3) months' 

period exceed forty ( 40) hours per week. 

(b) Hub and die cutters may be employed a maximum of forty• 

eight ( 48) hours per week, but the total number of such employees 

working shall not exceed one in number, or five percent (5% ) of the 

total number of employees engaged by such member of the Industry, 

whichever is the higher. 

( c) Watchmen and engineers, who may be employed in pairs, and 

shall work not more than thirty-six and forty-eight hours in alter• 

nate weeks, or not more than forty-two (42 ) hours per week averaged 

over any period of two weeks. 

( d) Officers, executives, and employees engaged in a managerial 

capacity who receive more than thirty-five dollars ($35.00) per 

week, and outside salesmen, shall be exempt from the maximum 

hours herein established. 

( e) The maximum hours fixed in this Article shall not apply to 

any employee on emergency repair work involving break-downs or 

protection of life or property, but in any such special case the average 

hours worked by any employee, when averaged over a period of six 

months, shall not exceed forty ( 40) hours per week. 

( f) Employers while working as producers shall adhere to the 

working hours above prescribed in Section 1. 

(g) No employee shall be permitted_ to work for a total number 

of hours in excess of the weekly number of hours herein prescribed, 

whether he be employed by one or more employers. 

ARTICLE IV-WAGES 

1. No employee shall be paid at a rate less than thirty-five cents 

(35¢) per hour, except as follows: 

(a) Learners, who shall be employed as such for not more than 

three ( 3) months, shall be paid not less than eighty percent ( 80% ) 

of the minimum hourly rate of compensation established in this 

Code. The number of learners em~loyed by any one employer in 

any one month shall not exceed one m number or five percent ( 5% ) 

of the total number of employees of such employer, whichever is 

the higher. 

(b) Where, because of age, physical or mental handicap, a per• 

son's capacity is limited, the Code Authority may, upon petition 
394 

of an employer, and with the approval of the Ad1ninistrator, permit such persons to be engaged in performing light work, provided, 

that the wages paid to such employee shall be not less than eighty 

percent (80%) of the minimum rate of pay herein established; 

provided, however, that he shall be paid the same rate per piece as 

other employee ; and provided further, that such persons shall not 

in any ca e exceed two percent (2%) of the total number of persons 

regularly employed by the employer so petitioning. 

( c) In the ca e of employees performing work for which they 

are paid per _piece of work performed, the minimum rate of pay 

shall be sufficient to produce a weekly wage not less than the minimum rate prescribed in this Code for work on a time basis. 

2. It is the policy of the members of this Industry to refrain from 

reducing the weekly rate of compensation of employees whose said 

rate of compensation is above the minimum rate established in this 

Article. As far as practicable, the rates of compensation for various 

labor operation which receive more than the minimum shall be 

equitably adjusted, due account being taken of the number and 

extent of uch downward adjustments as may have been made in any 

individual case prior to May 1, 1933, as well as of the number and 

extent of such upward adjustments as may have been made subsequent to that elate. "\iVithin thirty (30) days each manufacturer 

shall report to the Administrator, through the Code Authority, all 

readjustments of wage rates made in accordance with this section. 

ARTICLE V - GENERAL LABOR PROVISIONS 

1. No per on under sixteen (16) years of age shall be employed 

in the Industry, nor anyone under eighteen years of age at operations or occupations hazardous in nature or detrimental to health. 

In any State an employer shall be deemed to have complied with 

this provision if he shall have on file a certificate or permit duly 

issued by the authority in such State empowered to issue employment or age certificates or permits, showing that the employee is of 

the required age. 

2. In compliance with Section 7 (a) of the Act it is provided: 

(a) Employe s shall have the right to organize and bargain collectively throuo-h representatives of their own choosing, and shall be 

free from the interference, restraint, or coercion of employers of 

labor or their ao·ents in the designation of such representatives or in 

self-organization or in other concerted activities for the purpose of 

collective bargaining or other mutual aid or protection. 

(b) No employee and no one seeking employment shall be required 

as a condition of employment to join any company union or to 

r efrain from joining, organizing, or assisting a 1, bor organization 

of his own choo ing, and 

( c) Employer shall comply with the maximum hours of labor 

minimum rates of pay, and other conditions of mploym nt approved 

or prescribed by the Presi lent. 

3. No provisions in this ode shall super ede any State or Federal 

Law which impo s on employer more trino-ent r cquir ment as to 

a_ge of employee , wages, hours of work, r as t af ty, h alth, 
395 

sanitary, or g neral working conditions than are impos d by this 

ode. 

4. o empl yer hall r cla sify employee or duties or occupations 

performed as they exi te 1 on October 1, 1933, or engage in any other 

ubterfuae for the purpose of defeating the purpo es or provi ions 

of the ct or of thi Code. 

5. Each employer shall po t and keep po ted full copies of this 

Code in con picuous places, acce ible to all employees. 

6. If any emplo3 er of labor in the Silverware Manufacturing Indu try i al o an employer of labor in any other Indu try the provision of this Code shall apply to and affect only that part of hi · bu iness which is engaged in the manufacture of Silverware, as herein 

defined. 

ARTICLE VI-HOME w ORK 

No member of the Indu try shall distribute or permit to be distributed, directly or indirectly, work of any kind to be done in home 

or homes. 

ARTICLE VII-ADMINISTRATION 

To further effectuate the policies of the Act, a Code Authority is 

hereby established to cooperate with the Admini trator in the administration of thi Code. 

1. Organization and constitution of Code Authority. 

(a) The Code Authority shall con i t of the Executive Council of 

the Silverware Manufacturers In titute, and in addition thereto riot 

more than three (3) members without vote and without compen ation from the Indu try to be appoint d by the Administrator and to 

serve for such time as he may designate. 

(b) Vacancies in the personnel of the Code Authority selected by 

the Indu try hall be filled throu~h the appointment by the dministrator upon nomination of the Code Authority. 

( c) In order that the Code Authority hall at all times be truly 

repre entative of the indu try and in other respects comply with the 

provisions of the Act, the Administrator may prescribe such hearing as he may deem proper, and thereafter if he shall find that the 

Code Authority is not truly representative or doe not in other respects comply with the provisions of the Act may take such action 

as he may deem necessary under the circumstances. 

( d) Each trade or industrial association directly or indirectly 

participating in the selection or activities of the Code Authority 

shall submit to the Admini trator true copies of it articles of a sociation, bylaws regulations, and any amendments when made thereto, 

together with such other information as to member hip organization, and activities as the Administrator may deem nece. ary to 

effectuate the purposes of the Act. 

( e) Any action of the Code Authority or of any agency thereof, 

which the Administrator may deem unfair or improper, or which 

may be represented to him by any interested party) as unfair to any 

private interest, improper, or contrary to the public intere t, may be 

suspended by the Administrator for uch period of time not to exceed 

thirty days, as he may deem necessary to afford an opportunity for 

investigation into such action. Further action by the Code u~thor-
396 

ity, on the matter under investigation, shall be held in abeyance 

pending final determination by the Administrator. 

2. The Code Authority shall have the following duties and/or 

powers in addition to those elsewhere provided in this Code, subject 

to the right of the Administrator to disapprove any action taken by 

the Code Authority. 

(a) To administer the provisions of this Code and provide for the 

compliance of the industry with the provisions of the Act. . (b) To adopt bylaws and rules and regulations for its procedure 

and for the administration and enforcement of the Code. 

( c) To obtain from members of the Industry such information 

and reports as are required for the administration of the Code and 

to provide for submi ion by members of such information and reports 

as the Administrator may deem necessary for the purposes recited in 

Section 3 (a) of the Act, which information and reports shall be 

submitted by members to such administrative and/or government 

agencies as the Administrator may designate; provided that nothing 

in this Code shall relieve any member of the Industry of any existing 

obligations to furnish reports to any government agency. No individual reports shall be disclosed to any other member of the Industry 

or any other party except to such governmental agencies as may be 

directed by the Administrator. 

( d) To establish an adequate system of cost accounting, capable 

of uniform application within the Industry, which, when approved 

by the Administrator, shall be used by all members of the Industry 

as a basis for cost finding. 

( e) To use any 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 Gode 

Authority of its duties or responsibilities under this Code and that 

such trade associations and agencies shall at all times be subject 

to and comply with the provisions hereof. 

(f) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to the Industry. 

(g) To secure from members of the Industry who assent to this 

Code and/or participate in the activities of the Code Authority an 

equitable and proportionate payment of the reasonable expenses of 

maintaining the Code Authority and its activities. 

(h) To recommend to the Administrator further fair trade practice provisions to govern members of the Industry in their relations 

with each other, or with other industries, and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

3. No inequitable restrictions on admission to membership in the 

Silverware Manufacturers Institute, or any other trade association 

or organized group participating in the activities of the Code Authority, shall be imposed? and any member of the Industry shall b~ 

eligible for membership 1n any such trade association or organized 

group upon compliance with the provisions of the bylaws relating 

to membershi].J, provided that any person applying for such membership shall, m addition to the payment of such dues as are imposed 

upon and paid by all other members, accept a reasonable and equi-
397 

table share of the co t of co le admini. tration. Such m mlJer · of the 

In u. tr who do not hoo e to become member of any ·u ·h tra le 

a so iation or organized gr up may participat in the acti vi tie of 

the Code Authority by paying to the Col uthority ·u h proportionate part of the co t. of code administration as the Code Authority, 

subject to the di approval of th Admini trator, hall prescribe to 

be fair and equitable. 

4. The Code Authority hall, within sixty (60) day after the 

effective date of this Code establi h a erie of quality standards 

to mark the Yarious grade and qualiti s of the product of the 

industr , which when approved by the Admini. trator, may be u ed 

by all members of the industry. 

ARTICLE VIII-TRADE PRACTI ES 

The following practices constitute unfair method of competition 

for members of the Industry and are prohibited: 

1. o member of the Industry shall sell any product of the Industry below his individual co t figure, as determined by the co t 

accounting ystem to be e tabli~hed by the Code Authority and 

approved by the Administrator; or ·fail in the case of " group " 

sales to price and bill separately the individual prices of the articles 

comprising said ' groups", provided, however, that any member of 

the Indu try may in order to meet bona fide competition in any 

specific in tance, sell at the lo"TT'e t reasonable co t within the Industry as determined by the Code Authority and approved by the 

Admini trator, notwithstan ling such lowe treasonable co t may be 

le s than his individual cost, and provided further, that obsolete 

and/or discontinued merchandise may be sold at less than cost if 

it is not deliberately manufactured in such manner a tend to frustrate the spirit and intent of this Code. All ..,ales below cost as 

permitted above, and all sales of such obsolete and/ or discontinued 

merchandise shall be reported to the Code Authority within five 

(5) days of the date of the sale, giving the name and address of 

the purchaser, the date and the amount of the ..,ale, toaether with 

any other pertinent information requested by the Code uthority. 

2. o 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 representative 

of another in relation to the bu iness of the employer of such employee the principal of such agent or the repre ented party, without 

the knowledge of uch employer principal or party. ommercial 

bribery provisions shall not be construed to prohibit free and general 

distribution of articles commonly u ed for advertising except so far 

as such articles are actually used for commercial bribery as hereinabove defined. 

3. 1 o member of the Industry shall secure or cause to be secured 

confidential information concerning the business of a competitor by 

a false or misleading statement or representation, by a £al e imper onation of one in authority, or by bribery, or by any other unfair 

method. 

4. o member of the Industry shall procure, or cause to be procured, any information concerning the bu in s of any other member 
398 

of the Industry which is properly regarded' as a trade secret or as 

confidential, without such member's consent, provided that this Section shall not include information relating to a violation of any 

provision of this Code. -

5. No member of the Industry shall imitate or copy any original 

design mark, or brand exclusively owned by any other member of 

the industry, or simulate the quality markings as established by the 

Code Authority and approved by the Administrator, on goods inferior in quality to the standards established for the marks so 

simulated. 

6. No member of the Industry shall use or substitute any material 

differing in quality fr01n that specified by the purchaser. 

7. No member of the Industry shall make, cause, or knowingly 

permit to be made or published any false, materially inaccurate, or 

deceptive statement by way of advertisement or otherwise, whether 

concerning the grade, quality, quantity, substance, character, nature, 

origin, size, finish, or preparat10n of any product of the Industry, 

or the credit terms, valuest policies, or services of any member of 

the Industry, or otherwise having the tendency or capacity to mislead or deceive customers or prospective customers. 

8. No member of the Industry shall cause the defamation o:f competitors by fal ely imputing to them dishonorable conduct, inability 

to perform contracts, questionable credit standing, or by other :false 

representations or false disparagement o:f the grade or quality o:f 

their goods. 

9. No member of the Industry shall disseminate, publish, or circulate :false or misleading information relative to products manufactured by such member or knowingly encourage or continue to 

sell to any distributor who persists in such practice. 

10. No member of the Industry shall make or give any guaranty 

or protection in any form against advance or decline in the market 

price of any product, except as specifically permitted by the Code 

Authority subject to the approval o:f the Administrator. 

11. No member of the Industry shall misdate any invoice in such 

manner as to result in the customer procuring the merchandise at a 

price below the current price. 

12. No member of the Industry shall grant to any retail distributor 

special discounts or rebates or any allowances, direct or indirect~ for 

ttdvertising purposes, unless granted to all retail distributors under 

like terms and conditions. 

13. No member of the Industry shall pay or make allowances, rebates, refunds, commissions, credits, or unearned discounts, whether 

in the form of money or otherwise, or secretly or otherwise extend 

special services or privileges to certain purchasers not extended to 

all purchasers on like terms and conditions. 

14. No member of the Industry shall fail to adequately mark all 

products with the manufacturer's name or registered trade mark or 

with some other such mark which shall have been registered with 

the Code Authority for the purpose o:f identifying the maker, but 

no memb r of the Industry shall falsely mark or brand any product 

of the Indu try which has the tendency to mislead or deceive customers or prospective customers, whether as to the grade, quality, 
399 

quantity, substance, character, nature, origin, size, finish, or preparation of any product of the Indu try or otherwi e. 

15. No member of the Industry shall permit any buyer to return 

any merchan lise, other than nationally advertised merchandise or 

sample not intended for resale, when the agreement of sale is fully 

performed by such memoor. No member of the Industry shall 

permit articles which carry a nationally advertised price to be returned by virtue of this section unless the buyer is charged with the 

cost of transportation and a minimum refinishing and/or rehandling 

charge of ten percent (10 %) in the ca e of plated ware and five 

percent ( 5%) in the case of all sterling ware returned as provided 

for in this section. Nothing in this section shall be construed to 

prevent a member of the Industry from accepting the return of 

merchandise for legitimate credit reasons, when the return is 

approved by the Code Authority and/or the Administrator. 

16. No member of the Industry shall ship any merchandise having 

a cost of less than ten dollars ($10.00) net unless there shall be added 

to the invoice and collected from the customer a package charge o:f 

twenty-five cents (25¢). 

17. No member of the Industry shall sell or offer for sale any 

article on which the manufacturer has stamped any quality mark 

established by the Code Authority and approved by the Administrator as provided for in Section 4 of Article VII unless the actual 

quality of said article confotms in all respects to the standard so 

established: Provided, however, that this provision shall not become 

effective for a period of ninety (90) days after the approval of such 

establi heel quality marks by the Administrator. 

18. No member of the Industry shall hip any merchandise except 

sterling ware on memorandum or consignment or sell such merchandise with the privilege of returning all or any portion of same. 

The provisions of this section shall not apply to merchandise shipped 

for exhibition purposes only and not intended for resale. 

19. No member of the Industry shall ship any sterling ware on 

memorandum or consignment to remain in the dealer's hands for a 

period longer than fourteen (14) days. On all such memorandum 

or consignment shipment the dealer shall be charged with all transportation charges, and if such sterling ware is not returned within 

the period herein specified, the dealer shall immediately be billed 

for same and the invoice therefor shall clearly set forth the original 

shipping date and the date of receipt of such sterling ware by the 

dealer, and shall not be subject to return, except for legitimate credit 

reasons, when such return is approved by the Code Authority and/or 

the Administrator. The provisions of this ection shall not apply 

to sterling ware shipped for exhibition purposes only and not 

intended for resale. 

20. No member of the Industry shall publish or otherwise announce any guaranty, whether limited or unlimited, for a specified 

period of time in connection with the lasting or wearing qualities 

of plated ware, or encourage or continue to sell to any distributor 

or dealer who persists in publishing or otherwise announce such a 

guarantee in connection with the plated ware of the manufacturer 

concerned. 
400 

21. No member of the Industry shall submit contract proposals 

for hotel ware on other than standard forms to be established by the 

Code Authority, which shall include definite specifications in regard 

to base metal, weights of blanks of flatware for patterns that are 

regularly made in more than one weight, solder, silver plating 

standard, patterns, special markings, terms, and unit prices, and the 

date of such proposal, and unle s pecifications have been changed, 

no member of the Industry shall change his unit price on proposals 

already submitted, when such change is made to secure award of the 

contract by reducing such prices below one or more other bidders. 

Nothing in this section shall be construed to alter any right of any 

bidder to withdraw his proposal before acceptance thereof. 

(a) No member of the Industry shall fail to charge for the cost 

of special consumer marking dies or stamps for hollow ware or flatware, or for the cost of 1narking consumer's names, monogram, or 

crest, whether stamped, hand engraved, etched, or applied on hotel 

hollow ware and flatware. Cost shall be determined as in Article 

VIII, Section ( 1) of this Code. 

(b) No member of the Industry shall participate in connection 

with the sale of silverware in the financing in any form. of hotels, 

clubs, restaurants, railroads, or steamship lines. 

( c) Where a special pattern in hotel ware is made for the exclusive use of a consumer, no member of the Industry shall fail to 

charge for the cost of dies or tools necessary to produce the same, 

but upon payment thereof, such dies or tools for which such charge 

is made shall become the property of the consumer who pays for 

them. Costs shall be determined as set forth in Article VIII, Section ( 1) of this Code. 

ARTICLE IX-MODIFICATION 

1. This Code and all the provisions thereof are expressly made 

subject to the right of the President, in accordance with the provisions of subsection (b) of Section 10 of Title I of the Act, from 

time to time to cancel or modify any order, approval, license, rule, 

or regulation issued under said Act. 

2. This Code, except as to provisions required by the Act, may be 

modified or amended on the basis of experience or changes in circumstances, such modifications or amendments to be based upon 

application to the Administrator and such notice and hearing as he 

shall specify, and to become effective on approval of the President 

unless otherwise provided. 

ARTICLE X-MoNoroLIEs, ETo. 

No prov1s10n of this Code shall be so applied as to permit 

monopolies or monopolistic practices, or to eliminate, oppress, or 

discriminate against small enterprises. 

ARTICLE XI-PRICE INCREASES 

Wh reas the policy of the Act to increase real purchasing power 

will be made impossible of consummation if prices of goods and 
401 

services increase as rapidly as wa es, it is recognized that price 

increases should be delayed and that, when made, the same should, 

so far as reasonably po · ·ible, be limited to actual increases in the 

seller's co ts. 

ARTICLE XII- EFFECTIVE DATE 

This Code shall become effective on the first Monday after its 

approval by the P resident. 

Appr oved Code No. 177. 

Registry No. 1223-1-02. 

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