Approved Code No. 54-Amendment No.1 Registry No. 274-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMEN-DMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

THROWING INDUSTRY 

AS APPROVED ON FEBRUARY 2, 1934 

WE DO OUR PARr 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1934 

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Approved Code No. 54-Amendment No. 1 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

THROWING INDUSTRY 

As Approved on February 2, 1934 

ORDER 

APPROVING AMENDMENTS TO THE ConE OF FAIR CoMPETITION FOR THE 

THROWING 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, for approval of amendments 

to a Code of Fair Competition for the Throwing Industry, and hearings having been duly held thereon and the annexed report on said 

amendments, containing findings with respect there(o, 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 Recovery, 

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-a, elated December 30, 

1933, and otherwise; do hereby incorporate, by reference, said annexed report and do find that said amendments and the Code as 

constituted after being amended comply in ~ll respects with the pertinent provisions and will promote the policy and purposes of said 

Title of said Act, and do hereby Qrder that said amendments be and 

they are hereby approved, and that the previous approval of said 

Code is hereby modified to include an approval of said Code in its 

entirety as amended ; provided, however, that the provisions of Section 3 (e) insofar as they prescribe a waiting period between the 

filing with the Code Authority and the effective date of revised price 

lists or revised terms and conditions of sale be and they are hereby: 

stayed pending my further order either within a period of 60 days 

from the effective elate of this Code or after the completion of a 

study of open price associations now being conducted by the National 

Recovery Administration. 

This order shall become effective ten (10) days after the elate 

hereof. 

Adm.inistrato1• 

Approval recommended: 

A. D. VVHITESIDE, 

Division Adm . .inistrator. 

WASHINGTON, D.C. 

February 2, 1934. 

37660 °- -313-1!)0---34 (1) 

HuGH S. JoHNSoN, 

fo'r Indust1·ial R ecove1·y. 
REPORT TO THE PRESIDENT 

The PRE IDEN'l\ 

Tlze lr hite H o'use. 

SIR: Thi.- report concern the amendment. · to the ode of Fa1r 

Competition for the Throwing Industry which were nbmitted by 

the Code Adminic:tration Committee of that Indu try. 

The hearing wa. conducted in \Va hinoton, D.C., on January 4, 

1934. Every per on who requested an appearance wa freely heard 

in accordance with tatutory and regulatory requirement:. 

RESUME OF AMEND ME~ T 

The amendment · may be cla ified under four o·eneral heading ·; 

re triction again -t elling below cost open listing of prices, prohibition again t commercial bribery, and the ecret payment of refund · 

or rebates. 

The e provision do not apply to employer throwing material 

for their own u e only in their own plant . In other 'Yorcls, only 

commi sion thro,Ying will be governed by the. e amendment . 

FINDING 

The Deputy Administrator in his final report to me on aid 

amendments to Eaid Code having found as herein ·et forth and on 

the basis of all the proceedings in this matter: 

I find that: 

(a) The amendments to said Code and the Code a amended i 

well designed to promote the policies and purpo es of Title I of 

the National Industrial RecoYery Act including the removal of 

ob truction to the free flow of interstate and foreign commer e 

which tend to diminish the amount thereof, and will proYi le for 

the general welfare by promoting the organization of inclu try for 

the purpo e of cooperative action among trade group , by inducing 

and maintaining united action of labor and management und-er 

adequate O'Overnmental sanction and superYi ion, by eliminating 

unfair competitiYe practices, by promoting the fulle t po sible utilization of the pre ent productive capacity of in lustries, by avoiding 

undue re triction of pro luction (except a may be temporarily r -

quired) by increa ing the consumption of industrial and agricultural product through increa ing purchasing power by reducing 

an l rel.ie-ring unemployment, by improYino· tandarcl · of labor ancl 

by otherwise rehabilitating inclu ·try. 

(b) The Code a · amended ·omplie in all re. pect with the pertinent provision. · of said Title of aiel Act, including without limitati n Sub.;;;crtion (a) of Secti on 3 Sub.:>cction (a) of Sectinn 7, and 

Sub ·ection (b) of Section 10 thereof. 

(2) 
3 

(c) The ThrmYsters Research Institute 'vas and is an indn2trial 

association truly r epresentative of the aforesaid Industry and that 

said association imposecl and imposes no inequitable restrictions on 

admission to membership therein and has applied for or consents to 

these amendments. 

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

to and will not permit monopolies or monopolistic practices. 

(e) The amendments 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. 

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

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

amendments. 

For these reasons, the amendments have been approved. 

Respectfnll y, 

FEBRUARY 2, 1934. 

H u GH S. JoHNSON, 

Administrator. 
AMENDNIENT TO CODE OF FAIR COl\1PETITION FOR 

THE THRO'\iVING INDUSTRY 

Pursuant to the provisions of Section 6 of the Code of Fair Competition for the Throwing Industry, said Code is hereby amended by 

adding at the end of Section 3, the following paragraphs: 

(d) Effective ten days after the approval by the Admini trator of 

a standard and uniform method of costing formulated by the Code 

Administration Committee in accordance with subsection (b) of this 

Section, no employe~ shall sell the products or services of the Industry at such prices or upon uch terms and conditions of ale as 

will re ult in the purchaser's paying for uch product or ervices le s 

than the co t thereof to the seller, as determined in accordance with 

said standard and uniform method of costing, except to meet the 

competition of li ted prices. The provi ions of this sub ection (d) 

shall not apply to employer throwing material for their own u e 

only in their own plant .. 

(e) vVithin ten days after the approval by the Admini trator of 

said standard and uniform method of costing each employer shall 

file \Yith the Cole \.clministration Committee, on a printed form to 

be fnrni. heel by the Code Admini tration Committee, and publish to 

the trade, prices for each of the products or ervices of the indu try 

sold or u ually offered for . ale by him ba eel on a net ca h, f.o.b. 

his mill ba ·i , and he shall include in addition any yarns not li ted 

t.hat he may be producing or contemplate producing. After filing 

a price li. t each employer hall thereafter file with the Code Aclmini tration Committee on the day quoted, the price of any yarns not 

previously listed by him. Any change in prices pre' iou ly filed 

must be filed from time to time thereafter by each employer and 

uch revi ion if downward shall be filed with the Code Administration Committee five clays in advance of the day on which bu iness 

~ taken at the lower price. 

Immediately upon receipt of a revi ion from any employer, the 

Secretary of the Code Administration Committee shall notify all 

employer of the receipt of such notice tating the price if uch price 

i lower or higher than the lowest price previou ly filed by the 

industry. Information embodied in any li t or revi ·ion filed under 

this provi ion hall be immediately a' ailable to any employer upon 

application to the Secretary of the Code Administration Committee. 

No employer hall ell or offer for ale any products or services 

of the indu try at prices lower than, or on term and condition 

of sale more favorable than, those filed with the Code Aclmini tration Committee in accordance with the foregoing provi ion . The provi ions of thi ubsection (e) shall not apply to employers 

throwincr materials for their O\Yn u e only in their own plant .* 

(f) No employer . hall give, permit to be given or directly offer 

to aive, anything of vain for the purpose of influencing or reward-

• ce pa ragraph 2 of Ord er approvin •I tbi amendment. 

( 4) 
5 

ing the action of any employee, agent, or representative of another 

in relation to the business of the employer of such employee, the 

principle of uch agent or the represented party, without the knowledge of such employer, principal, or party. This provision shall 

not be construed to prohibit free and general distribution of articles 

commonly used for adverti ing except so far as such articles are 

actually u eel for commercial bribery as hereinabove defined. The 

provisions of this subsection (f) shall not apply to employers throwing materials for their own u e only in thejr own plants. 

(g) No employer hall make or cause to be made ecret payn1ent or 

allowance of rebates, refunds, con1missions, or unearned discounts, 

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

certain purchasers special services or privileges not extended to all 

purchasers under like terms and conditions. The provisions of this 

subsection (g) shall not apply to employers throwing materials for 

their own use only in their own plants. 

Apl)rovecl Code No. 5-1-Amendment No. 1. 

Registry No. 274-1-01. 

0 
UNIVERSITY OF FlORIDA 

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