Approved Code No. 204. Am endment No. 1 Registry No. 1129-03 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

PLUMBING FIXTURES 

INDUSTRY 

AS APPROVED ON JANUARY 31, 1934 

WE DO OUR PART 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 204. Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PLUMBING FIXTURES INDUSTRY 

As Approved on January 31, 1934 

ORDER 

TERMINATING STAY CONTAINED IN ORDER OF THE 

ADMINISTRATOR FOR INDUSTRIAL RECOVERY, 

DATED JANUARY 13, 1934, APPROVING 

CODE OF FAIR COMPETITION 

FOR THE 

PLUMBING FIXTURES INDUSTRY AND FINALLY 

APPROVING SAID CODE AS MODIFIED 

An Order was signed on January 13, 1934, by the Administrator 

for Industrial Recovery, on behalf of the President of the United 

States, approving a Code of Fair Competition for the Plumbing 

Fixtures Industry but staying for a period of sixty ( 60) days the 

application of certain of the provisions of Section 7 of Article VIII 

of said Code. 

An application having been duly made by the Committee on 

Organization of the Code of Fair Competition for the Plumbing 

Fixtures Industry, the applicant for the approval of said Code, for 

the termination of such stay, and such applicant having requested 

and agreed to the termination of such stay subject to the proviso 

hereinafter set forth in this Order : 

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, dated December 

30, 1933, and otherwise, do hereby order that said stay be and it is 

hereby terminated, provided, however, that the provi ions of the 

second paragraph of Section 7 of Article VIII of said ode (contained in the sole complete para Taph appearing on Page 22 of said 

37109°----313-165----34 (1) 
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Code as originally submitted for approval be modified to read as 

follow : 

"In recognition of the fact that the products of these industries cannot be installed in ultimate service without the performance of wholesaling :functions such as assembling, warehousing, and buying in bulk of these products and of accessory 

and complementary products by individuals, firms, or corporations either exclusively or in conjunction with the performance 

of the function of retailing said individuals, firms, corporations, 

or other persons, in consideration of the performance of such 

wholesaling function and of purchasing in wholesale quantities, 

shall receive a trade di count from published prices greater than 

the trade eli count accorded to any individuals, firm , corporation , or other persons who do not perform the wholesaling 

function hereinabove described. The difference between the 

trade discount allowed to those individual , firms, corporations, 

or other persons performing such wholesaling function and the 

trade discount accorded to other purchasers for resale, hall be 

determined by each individual manufacturer in establishing his 

wholesal purchase price level and his retail purchase price 

level; 'but in no case shall such difference be les · than the percentage determined by the Code Authority, with the approval 

of the Administrator, subject to modifications made therein 

from time to time with the approval of the Administrator, such 

percentage and such modifications therein to be confirmed by 

immediate studies of the value to the consumer of the functions 

involved. Such studies shall be made by an impartial factfinding agency under the direction of the Code Authority." 

and do order that said Code of Fair Competition for the Plumbing 

Fixtures Industry, as so modifi cl with the assent of the said Committee on Organization of the Code of Fair Competition for the 

Plumbing Fixtures Industry, be and it is hereby approved and that 

the previous approval of said Code is hereby modified to include 

an approval of said Code in its entirety as modified as hereinabove 

provided, such approval and such modification to take effect ten (10) 

days from the date hereof, unless good cause to the contrary is 

shown to the Administrator before that time and the Administrator 

issues a . ubsequent order to that effect. 

HuGH S. JoHNSON, 

Adntinistrator for Industrial Recovery. 

Approval recommended: 

w. A. HARRil\fAN, 

Division Adm~inistrator. 

WASHINGTON, D.C., 

January 31, 1934-. 
THE PRESIDENT' 

The "ltV hite House. 

Srn: This is a report on an amendment to the second paragraph of 

Section 7, Article VIII, in the Code of Fair Competition for the 

Plumbing Fixture Industry as approved on January 13, 1934. 

In the order, approving the aboYe Code, executed on January 13, 

1934, by the Administrator for Indu trial Recovery, the application 

of the provisions of Section 7 of Article VIII was stayed for a 

period of ixty ( 60) d[l,ys in order to afford consideration of the 

objection of any interested parties to such provisions. Inasmuch as 

said provisions have been revised to clarify their meaning and intent, 

probability of objection has been greatly minimized. 

The amended provisions do not in any \Yay affect the Wage and 

Hour provisions of the Code or the numbor of workers employed. 

Their specified purpose is further to stabilize an Indu try where 

unfair competition may be exceedingly detrimental to the continued 

succe sful operation of the memb rs of the In lustl·y. 

The Ac:sistant Deputy Admini trator in his final report to me 

on said amendment to aid Code having found as herein et forth 

and on the basis of all the proceedings in thi · matter; 

I find that: 

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

well de i a ned to promote the policies and purpose of Title I of 

the National Industrial Recovery \..ct including the remoYal of 

obstruction to the free flow of interstate and foreign commerce 

which tend to dimini h the amount thereof, and will provide for 

the general welfare by promoting the organization of indu try for 

the pnrpo ·e of cooperatiYe action among trade oToup , by inducing 

and maintaining united action of labor and management under 

adequate governmental sanction an l supervi ion, by eliminating 

unfair ompetitiYe practices, by promotino· the fullest po sible utilization of the present productive capacity of industries, by avoiding 

undue restriction of production (except a· may be t mporarily required), by increasing the con. umption of industrial and agricultural products through increasing purcha ing power, by reducing 

and relieving unemployment, by improving 'tandard of labor, and 

by otherwise rehabilitating indu try. 

(b) Tl e Code as amended complie in all re pect with the pertinent provi ions of said Title of aid Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Se tion 7, and 

Subsection (b) of Section 10 thereof. 

(c) The applicant association were and ar indu trial a socia- tions truly rep"':'esentative of the aforesai l InCI.u try and that aid 

associations impo eel and imp e no inequitable restriction on admis ion to member ·hip therein anl have applied for r on nt to 

this am ndment. 

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

to and will not permit monopolies or monopolistic practices. 

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

to and will not eliminate or oppress small enterprises and will not 

operate to eli criminate 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 

amendment. 

(g) For these reasons, therefore, I have approved the amendment 

to this Code. 

Respectfully, 

JANUARY 31, 1934. 

Approved Code No. 204, Amendment No. 1. 

Registry No. 1129-03. 

0 

HUGH 8. JOHNSON, 

Administrator. 
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