Approved Code No. 401-Amendment No.1 Registry No. 1209-1-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COlVIPETITION 

FOR THE 

COPPER INDUS1,RY 

AS APPROVED ON APRIL 26, 1935 

WE DO OUR PART 

UNIV. OF· FL Ul. 

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Approved Code No. 401-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

COPPER INDUSTRY 

As Approved on April 26, 1935 

ORDER 

APPROVING AMENDMENT OF CoDE oF FAIR CoMPETITION FOR THE 

CoPPER INDUSTRY 

WHEREAS, it has been reported and now appears to the National 

Industrial Recovery Board that the Phelps Dodge Corporation, a 

· member of the Copper Industry, has purchased all the property, 

assets, rights and privileges of all kinds of the United Verde Copper Company, also a member of the Copper Industry, and has, in 

connection with such purchase, assumed the payment of all liabilities 

of that company; and 

WHEREAS, by Admini trative Order No. 401-9A, signed on 

March 26, 1935, the said Board granted an application of the said 

Phelps Dodge Corporation for an exemption from the provisions 

of Sub-section (2), Section 6 of Article VII of the Said Copper 

Code for a period of thirty (30) days, and allocated the said Phelps 

Dodge Corporation a monthly sales quota of one and sixty-seven 

hundredths of one per cent ( 1.67%) of a relative annual productive 

capacity of two hundred and thirty-six thousand (236,000) tons of 

copper; and 

'iVHEREAS, a Notice of Opportunity to be Heard, Administrative 

Order No. 401-11, dated March 27, 1935, having been published 

relative to an appropriate amendment to Section 6 (2) of new 

Article VII of the Code of Fair Competition for the Copper Industry, and the objections filed as provided in said published Notice 

having been given due consideration, and the annexed report on 

said amendment containing findings with respect thereto having 

been made and directed to the President; 

NOW, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, and otherwise, does hereby incorporate 

by reference said annexed report and does find that said amendment 

and the Code as constituted after being amended comply in all respects with the pertinent provisions and will promote the policy 

131999°----1749-61----35 (1) 
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and purposes o:f said Title o:f aid Act, and does hereby order that 

said amendment be and it is hereby approved, and that the previous approval o:f said Code is hereby amended to include an 

approval o:f said Code in its entirety as amended. 

NATIONAL INDUSTRIAL REcOVERY BoARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

w. P. ELLIS, 

Division Ad1ninistrator. 

WASIDNGTON, D. c. 

April £6, 1935. 
REPORT TO THE PRESIDENT 

The PREsiDENT, 

The White House. 

Srn: The Code of Fair Competition for the Copper Industry was 

approved on April21, 1934. The Order of Approval contained a new 

Article VII, relating to marketing provisions. Section 6 ( 2) of this 

Article contained the following monthly sales allocations for each 

primary producer in the Industry: 

Kennecott Copper Corporation ________________ ------ _____ -------------------------- Anaconda Copper Mining Co ___ __ __ ______________________ ---- ____ ------------------ Phelps Dodge Corporation ____ _________________ ------ ____ -------------------------- United Verde Copper Co _____________________ ----- ______ ----------------------- ___ _ 

Calumet & Hecla Consolidated Copper CO----------------------------------------- Miami Copper Co __________________________ ------------- _______ -------------------- Magma Copper Co ________________ _____ -------- ___ ___ ------------------------------

United Verde Extension Mining Co ___ --------------------------------------------- Consolidated Coppermines Co ______ ________________________ ------------------------ Copper Range Company _________________ ----------- _______ ------------------------

Tons per Monthly sales annum quota 

366,500 

225,000 

168,000 

68,000 

50,000 

36,000 

25,000 

24,000 

21,000 

17,500 

Percent 

1. 67 

1. 67 

1.67 

1.90 

2.20 

2.30 

2.50 

2.50 

2. 70 

3.00 

On February 18, 1935 the Phelps Dodge Corporation purchased all 

the property, assets, rights and privileges of every kind of the United 

Verde Copper Company and assumed the payment of all its liabilities. 

By Administrative Order No. 401-9A, signed on March 26, 1935 

the National Industrial Recovery Board granted an application of 

the Phelps Dodge Corporation for an exemption from the provisions 

of Sub-section (2), Section 6 of Article VII for a period of thirty 

(30) days, and allocated the said Phelps Dodge Corporation a monthly 

sales quota of one and sixty-seven hundredths of one per cent (1.67 % ) 

of a relative annual productive capacity of two hundred and thirtysix thousand (236,0()0) tons of copper. 

A Notice of Opportunity to be Heard, Administrative Order No. 

401-11, dated March 27, 1935, has been published relative to an appropriate amendment to Section 6 (2) of new Article VII of the 

Code of Fair Competition for the Copper Industry, and no objections 

have been filed to the continuation to June 16, 1935 of the allocation 

granted to the Phelps Dodge Corporation in Administrative Order 

No. 401-9A. The Deputy Administrator therefor recommended an 

amendment to Section 6 (2) of new Article VII of the Code of Fair 

Competition for the Copper Industry. 

FINDINGS 

The Deputy Administrator in his final report to us on said Amendment to said Code having found as herein set forth and on the basis 

of all the proceedings in this matter : 

We find that : 

(a) The amendment to said Code and the Code as amended are 

well designed to promote the policy and purposes of Title I of the 

(3) 
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National Industrial Recovery Act including the removal of obstructions to the free flow of interstate and formgn commerce which tend 

to diminish the amounts thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpose 

of cooperative action among trade groups, by inducing and maintaining united action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive 

practices, by promotin~ the fullest possible utilization of the present 

productive capacity ot industries, by avoiding undue restriction of 

production (except as may be temporarily required), by increasing 

the consumption of industrial and agricultural J?rGducts through 

increasing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent provision of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

(c) The amendment and the Code as amended are not designed to 

and will not permit monopolies or monopolistic practices. 

(d) The amendment and the Code as amended are not designed to 

and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

(e) Those engaged in other steps of the economic process have 

not been deprived of the right to be heard prior to approval of said 

amendment. 

For these reasons, therefore, we have approved this amendment. 

For the National Industrial Recovery Board: 

APRIL 26, 1935. 

"T. A. HARRIMAN' 

Administrative Officer. 
AMENDMENT TO CoDE oF FAIR CoMPETITION FOR THE CoPPER INDUSTRY 

Delete Sub-section (2), Section 6, of new Article VII and substitute therefor the following: 

"Until such time as the Code Authority may determine that such 

member has failed to comply with the provisions of this Code and 

such determination has been approved for the purpose by the Administrator, the monthly sales quota for each primary producer of 

the industry listed below and the relative annual productive capacities of such members, arrived at solely for the purpose of establishing sales quotas, shall be as follows : 

Kennecott Copper Corporation ___ -------------------------------------------------- Anaconda Copper Mining Company ________ ---------------------------------------- Phelps Dodge Corporation _________________ _______ ---------------------------------- Calumet & Hecla Consolidated Copper Company ___ ------------------------------- Miami Copper Company ______ __ __________ _ ---------------------------------------- Magma Copper Company _________________ --------------------------------------- __ United Verde Extension Mining Company __ --------------------------------------- Consolidated Coppermines Co ________________________________ ------------ __ --------

Copper Range Company _____ ------------------------------------------------------

Approved Code No. 401-Amendment No. 1. 

Registry No. 1209-1-02. 

(5) 

0 

Tons per Monthly sales annum quotas 

366,000 

225,000 

236,000 

50,000 

36,000 

25,000 

24,000 

21,000 

17,500 

Percent 

1. 67 

1. 67 

1.67 

2. 20 

2.30 

2. 50 

2.50 

2. 70 

8.00 
UNIVERSITY OF FLORIDA 

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3 1262 08582 8365 

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