Approved Code No. 84-Appendix No. 3 Registry No. 1629-07 

NATIONAL RECOVERY ADMINISTRATION 

CODE APPENDIX 

!<'OR THE 

FIREPLACE FURNISHINGS 

MANUFACTURING INDUSTRY 

(A Subdivision of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON DECEMBER 21, 1934 

WE DO OUR PAfn'.• 

L------~-·. 

U.S. DE~O~TOf;Y 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 84-Appendix No. 3 

CODE APPENDIX 

FOR THE 

FIREPLACE FURNISHINGS MANUFACTURING 

INDUSTRY 

As Approved on December 21, 1934 

ORDER 

APPROVING APPENDIX FOR 'l.'HE FIREPLACE FURNISHINGS MANUF ACTURING I NDUSTRY 

A SUBDIVISION 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 4 of Article IV of the Code of Fair Competition for the Fabricated Metal Products Manufacturing and Metal 

Finishing and Metal Coating Industry, approved November 2, 1933, 

as amended, for approval of an Appendix establishing trade practice provisions for the Fireplace Furnishings Manufacturing Subdivision of said Industry, and Notice of Opportunity to be Heard 

having been given to all interested parties, and objections received 

thereon having been satisfied, and the annexed report on said Appendix to said 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, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, dated September 27, 1934, and otherwise; 

does hereby incorporate by reference said annexed report and does 

find that said Appendix to said Code complies in all respects with 

the pertinent provisions and will promote the policy and purposes of 

said Title of said Act; and does hereby order that said Appendix 

of said Code of Fair Competition be and it is hereby approved. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

KILBOURNE JOHNSTON, 

Acting Divisi'on Adm.inistrator. 

WASHINGTON, D. c., 

December fl, 1934. 

104260°-1385-121-34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT 

The White Howe. 

Sm: This is a report on an Appendix to the Code ?f Fair Competition for the Fabricated :Metal Products Manufacturing and Metal 

Finishing and 1tfetal Coating Industry, approved on November 2, 

1933, and as amended on June 1, 1934. 

GENERAL STATEME T 

The Fireplace Furnishings i1anufacturing Industry, being truly 

representative of this Subdivision of the Fabricated Metal Products 

Manufacturing and Metal Finishing and Metal Coating Industry, 

has elected to avail itself of the option of operating under the Code 

for the Fabricated Metal Products Manufacturing and :Metal Finishing and Metal Coating Industry, as amended on June 1, 1934, with 

the assistance of additional fair trade practice provisions. 

RESUME OF THE APPENDIX 

Paragraph A, Definition, accurately defines the term "Fireplace 

Furnishings Manufacturing Subdivi. ion." 

ParagTaph B, Governing Body, sets up a governing body consisting of members of the Subdivision to be known as the Subdivisional 

Committee for the Fireplace Furnishings Manufacturing Subdivision. 

Paragraph C, Effective Date, pre cribes the effective date of the 

Appendix. 

Paragraph 4 makes the violation of any of the trade practices in 

this Appendix also a violation of the Code. 

Section 1 provides for the formulation of a cost accounting system. 

Section 2 provides for open price filing. 

Section 3 provides against any mernber of the Subdivision from 

wilfully inducing or attempting to induce the breach of existing 

contracts between competitors and their customers. 

Section 4 provides against selling on consignment except where 

peculiar circumstances require the practice. 

Section 5 provides against the sale of goods other than F. 0. B. 

factory except where peculiar circurn.stances require the practice. 

Section 6 prohibits the sale of ample . 

Section 7 provides for the formulation of maximum discounts and 

terms of -sale. 

Section 8 provides that the Subdivisional Committee may establish 

classifications and quality standards for products of the Industry. 

Section 9 prohibits the copying of any unique style or design applied to a product of the Subdivision. 

Section 10 provides that the provision of the Appendix shall not 

apply to export trade. 

(2) 
3 

FINDINGS 

The Acting Deputy Administrator in his final report to the Board 

on said Appendix to said Code having found as herein set forth and 

on the basis of all the proceedings in this matter: 

It has been found that : 

(a) Said Appendix to aid Code is well designed to promote the 

policies 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 organization of indu try for the purpose of cooperative action among the 

trade group , by inducing and maintaining united action of labor and 

management under adequate governmental sanction · and supervision, 

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 

,1gricultural 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 employees; and is not clas ified by me as a major industry. 

( c) The Appendix to said Code as approved complies in all respects 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 applicant association is an association truly representative of 

the afo:riesaid Industry; and that said a ociation imposes no inequitable restrictions on admission to membership therein. 

( d) The Appendix to said Code is not designed to and will not 

permit monopolies or monopoli ·tic practices. 

( e) The Appendix to said Code is 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 deprived of the right to be heard prior to approval of said 

Appendix to said Code. 

For these reasons, therefore, this Appendix of said Code has been 

appro-ved. 

For the ational Indu trial Recovery Board: 

DECEMBER 21, 1934. 

w. A. HARRIMAN, 

Administrative Officer. 
CODE APPENDIX FOR THE FIREPLACE FURNISHINGS 

MANUFACTURING INDUSTRY 

A SUBDIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING A "D METAL COATING INDU TRY 

Pursuant to Section 4 of Article IV of the Code of Fair Competition of the Fabricated Metal Products Manufacturing and Metal 

Finishing and Metal Coating Industry, as amended, ( the terms of 

which apply to each member of the Fireplace Furnishings i1anufacturing Subdivision) the following pro-visions are established as an 

Appendix to said Code of Fair Competition of the Fabricated Metal 

Products Manufacturing and Metal Finishing and :Metal Coating 

Industry for the Fireplace Furnishings Manufacturing Subdivision 

of that Industry. 

A. Definition.-The terin" Fireplace Furnishings ~fanufacturing " 

means the manufacture and/or assenibly for sale of fireplace furnishings, including such items as andirons, fireplace grates and baskets, 

fireplace tools, screens and items for the adornment of the fireplace 

made in whole or in substantial part of metal, and parts thereof, 

other than gray iron castings when manufactured and sold as such. 

B. Sub divisional O 01n1nittee.-The members of the subdivision 

shall set up a subdivisional committee for the Fireplace Furnishings 

Manufacturing Subdivision, hereafter referred to as the "Subdivi- sional CoID1nittee ", consisting of a many members as may be determined by and in a manner satisfacto_ry to the Basic Code Authority and the National Industrial Recovery Board. The National 

Industrial Recovery Board may appoint a member of the Subdivisional Committee who shall be given reasonable notice of and may 

sit at all meetings of the Subdivisional Committee but who shall qe 

without vote and shall serve without expense to the subdivision. 

C. Effective date.-This Appendix hall become effective ten (10) 

days after its approval by the National Industrial Recovery Board. 

TRADE PRACTICES 

Any member of the subdivision who directly or indirectly through 

any officer, emp1oyee, agent or representative violates or evades any 

of the following trade practices provisions shall be guilty of violation of this Code. 

SECTION 1 (a) Cost Finding.-The Subdivisional committee shall 

cause to be formulated methods of cost finding and accounting capable of use by all members of the subdivision, and shall submit such 

methods to the National Recovery Board, full information concerning such methods shall be made available to all member of the sub- division. Thereafter, each member of the subdivision shall utilize 

such methods to the extent found practicable. Nothing herein contained shall be construed to permit the subdivisional committee, any 

(4) 
.. 5 

agent thereof, or any member of the sub di vision to su <Yo-est uniform 

additions, percentages or differentials or other uniforn~items of cost 

w~ich are designed to bring about arbitrary uniformity of costs or 

prices. 

(b) The principles of accounting and costing a approved and set 

up under this sect10n shall not be u ed by the subdivisional committee 

or the Basic Code Authority in the Administration of the provisions 

of Article V, Section A of the Basic Code. 

SECTION 2. Open Price Filing.-(a) Each member of the subdivision shall file with a confidential and disinterested agent of the 

subdivisional committee or, if none, then with such agent designated by the National Industrial Recovery Board, identified lists 

of all of his prices, discounts, rebates, allowances, and all other terms 

or conditions of sale, hereinafter in this article referred to as "price 

terms", which lists shall completely and accurately conform to and 

represent the individual pricing practices of said member. Such 

lists shall contain the price terms for all such standard products 

of the subdivision as are sold or offered for sale by said member 

and for such non-standard products of said member as shall be 

designated by the subdivisional committee. Said price terms shall 

in the first instance be filed within twenty (20) days after the date 

of approval of this provision. Price terms and revised price terms 

shall become effe-ctive immediately upon receipt thereof by said 

agent. Immediately upon receipt thereof, said agent shall by telegraph or other equal prompt means notify said member of the time 

of such receipt. Such lists and revisions together with the effective 

time thereof shall upon receipt be immediately and simultaneously 

distributed to all members of the subdivision and to all of their customers who have applied therefor and have offered to defray the cost 

actually incurred by the subdivisional committee in the preparation and distribution thereof and be available to inspection by any 

of their customers at the office of such agent. Said lists or revisions or any part thereof shall not be made available to any persons until released to all members of the subdivision and their 

customers, as aforesaid; provided, that prices filed in the first instance hall not be released until the expiration of the aforesaid 

twenty (20) day period after the approval of this Appendix. The 

subdivisional committee shall maintain a permanent file of all price 

terms filed as herein provided, and shall not destroy any part of 

such records except upon written consent of the National Industrial 

Recovery Board. Upon request the subdivisional committee shall 

furnish to the National Industrial Recovery Board or any duly 

desiO"nated agent of the National Industrial Recovery Board copies 

of a~y such lists or revisions of price terms. 

(b) vVhen any member of the subdivision has filed any revision, 

such member shall not file a higher price within forty-eight ( 48) 

hours. 

( c) No member of the subdivision shall sell or offer to sell any 

products of the subdivision, :for which price terms have been filed 

pursuant to the foregoing provisions, except in accordance with 

such price terms. 

-(d) No member of the subdivision shall enter into any agreement, 

understanding, combination or conspiracy to fix or maintain price 
6 

terms, nor cause or attempt to cau. e any member of the subdivision to change hi price terms by the use of intimidation, coercion, 

or any other influence inconsistent with the maintenance of the free 

and open market which it is the purpose of this provision to create. 

SECTION 3. Inducing Breach of Oontract.-No member of the sub- division shall knowingly attempt to induce the breach of any contract between a competitor and his customer or source of supply; 

nor shall any such member knowingly interfere with or obstruct the 

performance of such contractual duties or services. SECTION 4. Selling on Oonsi,gwnent.-No member of the subdivision shall ship goods on consignment except where peculiar circumstances in the subdivision require the practice and then only 

under circumstances to be defined by the subdivi ional committee 

and approved by the National Industrial Recovery Board. 

SECTION 5. Freight A.llowanees.-No member of the subdivision 

shall sell goods in any manner except F. 0. B. factory, except where 

peculiar circumstances in the subdivision require the practice and 

then only under circumstances to be defined by the governing body 

and approved by the National Industrial Recovery Board. 

SECTION 6. Sale of Samples.-N o member of the subdivision shall 

sell display or salesmen's exhibition samples at a price or terms 

other than those set forth in his price terms. No exceptions to this 

provision shall be allowed except where peculiar circumstances in 

the subdivision r equire an exception and then only under circumstance to be defined by the subdivisional committee and approved 

by the National Industrial Recovery Board. 

SECTION 7. T erms.-No member of the subdivision shall grant 

terms of payment on sales more favorable than net cash thirty (30) 

days, or if discount is allowed such discount shall not be in excess of 

two (2% ) percent for payment in ten (10) days. Provided, however, 

that stock orders placed for fall requirements sold and shipped prior 

to September 1, may carry October 1 dating with terms of two (2% ) 

percent, October 10, net thirty (30) days. An anticipatory discount 

of not to exceed one-half of one (1⁄2%) percent per month may 

be allowed. SECTION 8. Standa;rd'izati'on of Products.-(a) The subdivisional 

committee may within six ( 6) months after the effective date make 

studies for the establishment of cla sifications, dimensional and quality standards for the products of this subdivision in cooperation with 

some F ederal Government Agency, preferably the Bureau of Standards of the United States Department of Commerce, with a view to 

their recommendation for adoption by this subdivision. Such stand- ards when approved by a majority vote of this subdivision and 

approved by the National I ndustrial Recovery Board shall become 

the standards of this subdivision within ninety (90) days and there- after the subdivision hall follow such standards. Failure to follow 

such standards set up by the subdivisional committee, so approved by 

the members of the subdivision and approved by the National Industrial Recovery Board shall be an unfair method of competition and~-

violation of this Appendix. Provided, however, that exceptions from 

such standards may be applied for by a formal petition to the uhdivisional committee, whose decision must be rendered within six y 

(60) days after the receipt of such petition and if favorable to the 
7 

petitioner shall become final when such decision is ratified by a 

majority vote of the member of the ubdivi ion and i approved by 

the National Industrial Recovery Board. 

SECTION 9. Deception of Purchasers by Sim,ulation of Another's 

products.-No niember of the subdivi ion shall copy or knowingly 

simulate any unique style or de ign applied to a product of the subdivision manufactured by another member thereof where the probably and actual effect is that purchasers or prospective purchasers 

will mistake the products of the former for those of the latter 

member. 

SECTION 10. Ewport Trade.-N o provision of this Appendix relating to prices or terms of selling, shipping, or marketing, shall apply 

to export trade or sales on shipments for export trade. "Export 

Trade ", as used herein, is defined to mean export trade as it is used 

in the Export Trade Act of 1918. 

Approved Code No. 84-Appendix No. 3. 

Registry No. 1629-07. 

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