Approved Code No. 84-Supplement No. 26 Registry No. 1136-07 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

STANDARD STEEL BARREL 

AND DRUM 

MANUFACTURING INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON MAY 16, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 193( 

For sale by the S uperintendent of Documents, Washington, D .C. - - - - - - - - Price 5 ce n ts 

v 
This puulkalion is for sole by the Superintendent of Documents, Govemment 

Printing Office, Washington, D.O., and by district offices of the Burea11 •Jt 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504: Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, l\lass. : 1801 Customhouse. Buffnlo, N.Y.: Chamber of Commerce Building. 

Charleston, S.C. : Chamber of Commerce Building. 

Chicngo, Ill.: Suite 1706, 201 North Wens Street. 

Cleveland, Ohio: Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. 

Detroit, 1\lic:h. : SOl li'irst National Bank Building. 

Houston, Tex:.: Chamber of Commerce Building: Indianapoli~, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, l\1o.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisvill , Ky. : 408 Federal Building. 

Memphis, Tenn. : 229 Federal Building. 

Minneapolis, l\linn.: 213 Federal BuiLding. New Orleans, La.: Room 225-A, Customhouse. 

New Yor1:, N.Y.: 734 Customhouse. 

Norfol1:, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 422 Commercial Trust Builtling. 

Pittsburgh, Pa.: hamber of ommerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Oli1e Street. 

San Frnncisco, Calif.: 310 Customhouse. 

Seattle!. Wasb.: SOD Federal Office Buildinz. 
Approved Code No. 84-Supplement No. 26 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

STANDARD STEEL BARR-EL AND DRUM 

MANUFACTURING INDUSTRY 

As Approved on May 16, 1934 

ORDER 

APPROVING SuPPLEMENTARY ConE OF FAIR CoMPETITION FOR THE 

STANDARD STEEL BARREL AND Dnmvr MANUFACTURING INDUSTRY 

A Dn ISAON OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND METAJ- COATING INDUSTRY 

An application having been duly made pur uant 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 I of Article VI of the Basic Code for the 

Fabricated :Metal Products Manufacturing and Metal Finishing 

and Metal Coating Industry, approved November 2, 1933, for approval of a Supplementary Code of Fair Competition for the 

Standard Steel Barrel and Drum Manufactni:ing Indu try, and hearing having been duly held thereon; and the annexed r eport on aid 

Supplementary 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, 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 incorporate by reference said annexed report and do find that said Supplementary Code complie in 

all respects with the pertinent provisions and will promote the policy 

and purposes of said Title of aid Act; and do hereby order that 

said Supplementaary Code of Fair Competition be and it is hereby 

approved provided, however, that the provisions of Article V, Paragraph A, insofar a they provide that any existing price list shall 

remain in effect for a period of ten (10) days following the filing 

of a revi eel price list, be and they hereby are stayed pending my 

further Order. · 

HuGH S. JoHNSoN , 

AiVJninist1·ator for IndJustrial R ecovery. 

Approval recommended: 

A. R. GLANCY, 

Division Ad1ninist1~ator. 

WASHINGTON, D.C., 

May 16 1934. 

5UG5D 0----544-n5----34 (1) 
RE ORT TO THE PRE IDE T 

The PRESIDENT, 

The 1V hite House. 

IR: Thi i a report u the ur plementary Cod of Fair ompetition for the tandartl t l Barr 1 and Drum l\Ianufacturing 

In lu try, a division of the Fabricated l\1etal Pr duct 1:anufacturjno· and l\f tal Finishing an l\1etal oatino· Indu try, th hearing 

havino· been conducted ther n in \Va hington, D .. , December 19, 

1933 in a ordancc with ih I ro' i ions of Title I of the 1 ati nal 

Indu trial Re overy Act. 

GENERAL STd'l'E IENT 

The tandar l teel Barrel and Drum ~Ianufa turing Indu try, 

being truly r pr ·entative of this division of the Fabri at d :M tal 

Pro lu t l\Ianufacturing and Metal Finishinrr and l\I tal oating 

Indu tr ha elected to avail it elf of th option of submittinrr aJ 

uppl m ntary ole of Fair ompetition a provid d for in 

tion 1 of Article VI of the Ba ic Co le, for the Fabri ated :Metal 

Pro lucts :.Manufacturing and l\1etal Fini hing and lVIetal oating 

Inclu try approved by y u on the cond day of Novemb r 1933. 

TIE · .M:E OF THE CODE 

upplementary de. 

(2) 

mplo d in th upfetal 

111 clam nd-
3 

Article VII provides again t monopolies and monopolistic practic and recognize that price increa e be limited to actual additional in rea e in the eller' co ts. 

Articl VIII states the effective elate and duration of this Supplementary ole. 

FINDINGS 

The Deput Aclmini trator in his final report to me on aiel Supplementary Code having found a herein set forth and on the basis 

of all the proceedings in this manner : 

I find that: 

(a) Said upplementary Cod is well designed to promote the 

policie and purposes of Title I of the National Industrial Recovery 

Act including removal of obstruction to the free flow of interstate 

a~d 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 manao·ement under adequate governmental sanctions and super-

' i ion, by eliminating unfair competitive practices, by promoting the 

fullest po ible utilization of the present productive capacity of 

industrie . by avoiding undue re triction of production (except a 

may be temporarily required) by increasing the consumption of 

industrial and agricultural product through increa ing 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 employee · and i not cla sified by me as a major industry. 

(c) The Supplementary 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 Sub ection (b) of Section 10 thereof; and that the 

applicant group i · an industrial group truly representative of the 

aforesaid Industry· and that ...,aid association imposes no inequitable 

re triction on admis ion to membership therein. 

(d) The upplementary Code is not designed to and will not 

permit monopolies or monopolistic practices. 

(e) The Supplementary Code is not designed to and will not 

eliminate or oppre small enterprises and will not operate to discriminate aaain t them. 

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

not been depriverl of the right to be heard prior to approval of ~id 

Supplementary Code. 

For the e reason , therefore, I have approved this Supplementary 

Code. 

Re pectfully, 

MAY 16, 1934. 

HuoH S. JoHNSoN, 

Ad1ninistrator. 
SUPPLEMENTARY CODE OF FAIR C011PETITION FOR 

TI-IE TANDARD STEEL BARREL AND DRUJYI MANUF \.CTUR.ING INDUSTRY 

A. DIYI ION OF THE F ABRICATED METAL PRODUOTS MANUFACTURING AND 

lHETAL FIN! HING AND METAL CO TING INDU THY 

ARTICLE I-PURPO E ' 

T effectuate the policy of Title I of the National Indu trial 

Recovery Act, the following provisions are e tablishe as a Supplementary Code of Fair Competition for the Standard Steel Barr l and . Drum Manufacturing Industry, pursuant to Article VI of th Ba ic 

Code of Fair Competition for the Fabricated Metal Products Manufacturing an l :Metal Finishing and :.Metal Coating Industry approved by the Pre ident of the United States on the second day of 

November 1933 and the provisions of this Supplementary Code hall 

be the standard f Fair Competition for uch Indu try and shall be 

binding upon every member thereof. 

ARTICLE II-DEFINITION 

The term "Standard Steel Barrel and Drum Manufacturing Industry" hereinafter referred to as the Indu try is defin d to mean 

the manufacture for u e or for sale of Standard Steel Barrel and 

Drum of 1 gallons to 110 gallon car acity, inclu iv , to be u ed 

in the stora o·e shipment and eli pensing of such product as alcohol 

petroleum 1 roducts, chemicals, asphalt, sweepin compound clay 

product bevera o-es foo 1 product , etc. but not in luling 1 cer. 

The t rm ' member of the Inclu -try ' as u eel her in inclu l 

but without limitation any indi idual, partn r hip a. o iation 

corp rntion or other form of enterpri e engaged in th Indu tr ' 

either a an mployer or on his or it own behalf. 

Th t rm "Pre ident ' "Act", an l A ln ini ·trat r a, u d ,h r in. hall m an, r sp tiv ly th President :f the nit 1 tat 

Title I of the ational Industrial Re o' er A t an l the .Admini - tl·ator for In lu trial Recov r r under Titl ·I of aid A t. 

The t rm_ ' a i od ' a u. e 1 herein i d fined to m an the 

Ba ic Cole of Fair om petition :for the Fabri ate l lH tal Pr lu t. 

Manufa turin()' an l l\1 tal Fini hino· and 1 tal oatin()' In ln try 

as a pr ved b. the Pr id nt 01 th econ l lay of " mber 1933. 

Th t rm ' Ba ic od Auih rity a u e l her in i 1 fin d c 

m an th Executive ommitt of th Fabri at l l\1 tal Produ t · F ederation. 

Th term ' Coun il a u c1 her in i d fin d o m an the t l 

Barrell\1anufacturer oun il or it 

(4) 
5 

The term "Supplementary Code Authority", as used herein, is 

defined to mean a special committee of five members who shall be 

elected from the member hip of the Industry and the Council by a 

fair method of election. 

The term duly authorized agent ' or "agent ' of the Supplementary Code Authority, as used herein, is defined to mean the 

Commi ioner of the Steel Barrel Manufacturers Council, or his 

ucce or in office. Said Commissioner, in order to qualify as such, 

shall be entirely free from any interest in or onnection with any 

company engaged in the manufacture or sale of the products of 

the In c1 u try. 

The term " Federation ' , as used herein, is defined to mean the 

Fabricated Metal Products Federation or its successor. 

ARTICLE III-EMPLOYMENT PROVISIONS 

This Industry is a clivi ion of the Fabricated Metal Products 

Manufacturing and Metal Fjnishing and Metal Coating Industry 

and without limitation the wage, hour and labor provisions in 

Article III of its Basic Code as approved by the Pre ident on 

November 2, 1933, including Section 1 of said Article III by which 

the provisions of Subsections ( 1), (2) and (3) of Section 7 (a) of 

Title I of the Act are made conditions of the Code, are c:pecifically 

incorporated herein and made a part hereof as the wage, hour and 

labor provisions of this Supplementary Code. 

ARTICLE IV-ORGANIZATION AND ADMINISTRATION 

SECTION 1. During the period not to exceed sixty (60) days following the effective date, the duly authorized agent shall constitute 

a temporary Supplementary Code Authority until the Supplementary Code Authority, consisting of five ( 5) members, is elected by 

the members of the Industry assenting to this Supplementary Code, 

as hereinafter provided, at a 1neeting called by the Temporary Sup- plementary Code Authority, upon ten (10) days' notice sent by 

registered mail to all known members of the Industry, who may vote 

either in person or by proxy. The members of the Supplementary 

Code Authority shall serve for a period of one year from the date 

of their election and sub equent elections shall be on the same basis 

as above provided. Immediately after the annual election of said 

Supplementary Code Authority, the members thereof shall appoint 

a duly authorized Agent to administer the provisions of this 

Supplementary Code. 

The members of the Supplementary Code Authority shall be elected 

in the following manner: One member, who shall be a member of the 

Industry not a member of the Council, (provided there are such 

members of the Industry who are not members of the Council), to be 

elected by a majority vote of the qualified members of the Industry 

pre ent in person or by proxy each member to have one vote. Such 

one member to be nominated by the members of the Industry who 

are not members of the Council. 

Four members who are member· of the Industry and members of 

the Council, to be elected by a majority vote of the qualified mem-
6 

her of the In lu ·try pr nt in p r on or by pr xy, uch member to 

ha-c;r n vote. u h f nr n mber t bo nominat l y th m mber 

of the Couneil. 

A ya cancy in th m mb r ·hip of the upplem ntary 

it~· ma. be fill l y a maj rity v te of the r m inina m 

u1 plem ntary od .1.. u h rity. 

ln adlition th r t , th ...\. lmini trator may apr int a n. mber 

o£ he Suppl m ntary od .Authority wh \viti nt vote, hall ~e rY 

without ·pe1:, to th n lustr tmle. M h 'upplem ntar od 

Anth ri y agr pa ·u h esp"n e. Th repre · nta iv who may 

L a};pointecl l y th A mini trator ·hall be giYen r a onabl n tice 

of and m< y iJ. a all n e tina of the Suppl m ntar d Autl orit . 

ECTION 2. Th Trad A o iation dir ctl or indirectly participatino· in th sele bon or a tiviti of th upplem ntary Code Authorit · hall (1) imp n inequitable re triction on admi ion t 

m _.mber hip an l ( ) ·ubmit to the Admini trator tru copie of their 

article · of a ,·o iation by-laws regulation and any um ndment 

when made ther t , together with uch oth r information a: to memb r ship, organization and activitie · a the A ln1ini trator may def?m 

n ce ary to eifectuate the purposes of the Act . 

. E 'TION 3. In order that the Supplementary Code Authority shall 

nt all tim . · b truly repre entative of the Indu try and in other repcct compl} with the pr Yi ion of the Act the \._ lmini trator mu.y 

pre cribe nch hearing as he may deem proper· and thereafter if 

he hall find that the Supplementary Code Authorit or its Ao·ent 

i · not truly rer re ntati' or doe not in other r- 3pect compl, with 

th provisions of the Act may require an appropriate modification 

of lection of the Supplementary Code Authority. 

·~ 'TIO:N 4. (1) It beina found necessar to upport the admini -

tration of this Supplcmentar. Code, in order to effectuat the policy 

uf the Act and to maintain the standard of fair compe ition e tabli ·hed her enn 1er, the Suppl mentary Code Authority i authorized: 

(a) To in ur u h rea onable obligation a are n ce sary and 

prop r for the for going 1 nrpo e · and to n eet uch obliga ion ut 

of fun Ll · which hall be h ld in tnrt for th I urpo e f the uprlem ntar ode 1 and rai eel a. hereinafter pr vided; 

(l) To ubtait t the Admini..:trator for hi· apr r val subje t to u h notire and opportunity t b heard ns h ma leem n ce ar : 

1. \.a it m iz 1 budget of its e ·timate 1 expen for th for o-oino1 nrpo · :· , and 

. An quitabl b< . .-i. u1 on which th fund n 

u !1 l udget Jutll lJ ontribu eel by all m mber 

titl 1 t th lPn fit a rnin r from tb main nan 

ar 1., and th aclmini -trati n ther of· 

( ) .After ·u ·h bn 1a t and basi. of ontrjbution bav b en approv L1 by the A lmini:trat r, t d tern in an l oll ct uitable ntribution n · abo · t f rth, ancl to that n if n ar r t in titut l g-al pr dino- · ther for in it own na1 e. 

(2) Each m mb r i th In lu tr. hall b liall f r hi r it 

quitable contributi n t 1 th .. pen . o th m intenancc of the 

uppl mentar cl Anth rit a h reinaboY 1 r vid cl. Only 

m mber of tlw Indu try omrl~ring with th ur pl m nt< ry ode 

and making n h · ntri uti n hall b ntitl d t 1 articipate in the 
7 

selection of the member of the Suppl mentary Code Authority or to 

receiYe the ben fit of it voluntary activitie or to make u e of any "A.T R A . . . J..'i. • • 111 1gn1a. 

ECTION 5. The Supplementary Code Authority throuo·h its duly 

authorized Agent is her by con tituted. the agency to admini ter the 

provi ion of thi ur plementary Co Je anrl shall have all of the 

pow r which hall be nece ary and prop~r to enable it to fully admini ter thi Supplementary Code and to eff ctuate its purpose. 

Th Supplementary CoJ< · Authority, through it duly authorized 

Ao·ent hall haYe th follo\\·ing further powel's and lutie : -

(a) To insure the execution of the provisions of the Supplementary 

C le. 

(b) To adopt by-law and rule ~ and regulation for its procedure 

an for the administration of the SupplDmentary Code. 

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

and report as the Supplementary Code Authority may require for 

the admini tration of the Supplementary Code and to provide for 

submi sion to the Administrator by mem.bers of the Industry of such 

information and reports as may be nece sary for the purposes recited in Section 3 (a) of the Act; provided that nothing in this Supplementary Code shall relieve any member of the Indu try of any 

existing obligations to furnish reports to any Government agency. 

No individual reports shall be disclosed to any me1nber of the Industry or to anyone other than the Administrator or his duly authorized 

representative and as hereinafter provided. -

(d) To use such agencies as it deems proper for the carrying out 

of any of its activitie provided for herein, provided that nothing 

herein shall relieve the Supplementary Code Authority of its duties 

or re ponsibilitie under this Supplementar:5 Code and that uch 

agencies shall at all timBs be subject to and comply with provi ions 

hereof. . (e) To make recommendations to the Administrator for the coordination of the administration of this Supplementary Code with 

such other codes, if any, as may be related to the Industry. 

(f) To secure from. members of the Industry an equitable and proportionate payment of the reasonable expense of the Supplementary 

Code Authority and its activities as set forth in Section 4 of this 

Article. 

( cr) To cooperate with the Administrator in regulating the u e of 

any N .R.A. insignia olely by those member of the Industry who 

haYe a ented to and are complying with this Supplementary Code. 

(h) To furni h from time to time to the Basic Code Authority, 

designated in said Basic Code, such information as n1ay be required 

to be furni heel under the terms of the Basic ode. 

SEcTro~ 6. To the extent permitted by the Act and pursuant to 

such rule and regulations as the Administrator may prescribe, any 

and all information furnished to the Supplementary Code Authority 

by any members of thi Industry pursuant to the provisions of this 

Supplementary Code shall be subject to verification by an impartial 

agent appointed by the Supplementary Code Authority~ and each 

member of the Industry shall furnish to such impartial agent so much 

of his pertinent books, accounts and records as may be required to 

verify the accuracy of the information submitted. 
8 

SECTION 7. Ev ry employ r shall provi le f r th af t and health 

of emJlO e durino- th h ur and at th pla of t.h ir empl ym nt. tandard for afet and heal h shall b ubmitte l y th 

upplementar. ode Auth rity to th A mini trator within ix 

m nth aft r the ff ctive da of th ode. 

om laint mad by m mber f th In l u tr to the 

A · nt of th upr lem ntary ocl Authority of alleg d violations 

of any f the provi ion of thi • 'ur pl mentary de hall b made 

in writing. 

In th v nt of a com laint beino- r gi tered again t any c rporate 

m mb r of the Indu try all ginrr a violation of thi u pl mentary 

ocl the uppl mentary ode Authority may ·au ·e an inv ti ation to be mad by a er on mutually (o-r d upon by th uppl -

mentary Code Authority and the member of the Indu try again t 

whom the complaint i filed; or if they are unabl to ao-re within 

a r a onabl time by a di intere ted person appointed by the dmini trator up n reque t by the upplementary Code Auth ri . The 

Supplementary Code Authority may require the member omplained 

again t to file with uch investigator, within such rea onabl time 

after receipt of a. copy of the complaint as the upplementary ode 

Authoritj hall determine, an an wer to such complain accompanied by supporting data. Both· answer and data shall b verified 

by affidavit. The investigator may , examine o much of the pertinent books and records of such member as may be r quir d to verify 

the statements contained in said answer and/or th accuracy of the 

data ·upporting such statements. If the matter cannot thereafter 

be satisfactorily adjusted within the Indu try the fact may be pla ed 

before the Basic Code Authority to be presented to the A lmini - trator for uch procedure as he may de m advisable un 1er the Act. 

Any repre ntative appointed by the agent of the uppl mentary 

Code Authority to make any inve tigation, shaH be a di int re teJ 

per on or persons who shall bo entirely free from any intere t in 

or conn ction with any company engaged in the manufactur r ale 

of the product of the Industry. 

E TION 9. All individual and private information rec i ed by 

the Agent of the Supplementary Code Authority or hi rer re ntative from reports, or as a r esult of inve tigation hall b h ll 

in stri t confid nc and not eli lo eel to an mpetit r or oth r 

p r ons outside th Agent offi , without the penni ion of the 

m mber of the Indu try involved. Provid c1 h we r that u h 

information may be di clo ed to an authoriz d rrovernm ntal 

ag ncy, an pr vided further that information p rtaining t th 

reporting of pri e terms and c nditi n may b eli l · c1 t eff -

tuate th purpo e of thi uppl m ntary ocl . E TION 10. Nothing ontain eel in thi upplementary 1 , hall 

con titute th m mber of th u pl m ntary d Authorit' par - n r for any purpo ith r a am ng them I r in nn ti n 

with the g nt f the uppl m ntar de uth rity. N m m r 

of the upplemen ary od Auth rity hall b liabl in an mann r 

to anyone for any act of any th r m mb r ffi r ag nt r mployee f th uppl m ntar l uthority nor h. 11 th .... g nt 

of the uppl m ntary d Auth rity liabl in any manner t 

anyone for any act of any member of th uppl m ntary de 
9 

Authority or any other offic r, agent or employ e thereof. No member of the Supplementary Code Authority, nor the Ag nt of the 

upplementary Code Authority, xercising reasonable diligence in 

the conduct of their duties hereunder, shall be liable to anyone for 

an action or omi sion to act under this upplementary Code ex ept 

for his own willful mi fea ance or non-fea ance. 

SECTION 11. If the Admini tt·ator hall determine that any action 

of a Code Authority or agency thereof may be unfair or unj u t or 

contrary to the publi interest, the Aclmini trator may require that 

such action be su 'Pended to afford an opportunity for inve tigation 

of the merits of such action an 1 further con ideration by uch ode 

uthority or agency pending final action which shall not be effective 

unles the Admini trator approves or unlec;;:s he shall fail to elisa pproYe after thirty days' noti ~ to him of intention to proceed 1-vith 

uch action in the original or modified form. SECTION 12. After a six ( 6) month ' tria l period, in case any provi ion of the Supplementary Code ·hall impo e an unusual or undue 

hard hip on any member o.f the Industry, su"h provision may be 

u pended, for reYiew, for a period of sixty (60) days by the Supple- mentary Code Authority, "ith app1·oval of the Administrator. 

After the review, hearings may be held by the Administratqr to modify +-he provision in question. 

ARTICLE V-RULE OF FAm Co rPETITION IN ~.N FACTURIKG AND 

l\1ARKETIN 0 

(Superseding all Trade Practices set forth in Article V of the Ba ic Ccd 

Any member of the Industry who shall directly or in lirectly 

through any officer employee, agent, or representative, fail to comply 

with any of the following rule of Fair Competition in l\1anufacturing and l\Iarketing hall be deemed to hnYe violated this Supplen1 n• 

tary Code: 

A. No products of the Indu try, in whole or in part. : hnll bv 

old or exchanO'ed at price. le · than the :eller\; t of such proLlucts; such co ·t to be ba eel on a formula which . hull be at least ::ts 

detailed and complete a the formula to b prepared by the Agent 

of the Supplementary Code Authority an l approved by the Administrator; provided however, that upon five ( 5) days' notice to the 

Agent of the upplementary ode .... \.uthority, any member of the 

Inclu try may ell below- hi · co ts, in order that he may meet competitiYe price on articles of similar tyle, gra le and/ or pecification 

filed in accordance with the pro' i ion · of this Section. 

'\hen the Agent of the Supplementary Code Authority determines 

that an emergency exi ts in thi Indn try and that the cause thereof 

i de tructive price-cutting uch as to render ineffective or seriou ly 

endanger the maintenance of the provi ions of tllis Supplementary 

ode, the Agent of the Supplementary ode Authority may calL e 

to be determine l the lowe t rea onable cot of the products of this 

Indu try, such determination to be ubject to snch notice and hearing 

a the Admini trator ma. r quire. The Admini trator may approve, eli ar prove, or modify the determination. Ther after luring the period of the emero·ency, it shall be an unfair trade practice 
10 

de. 

or upon 

the l t rminati n t 

for 

ry 1. cona fal · r ord 

n th fa th r f 

cr t r fund , ret 
11 

credits unearned discounts (whether in the form of money or otherwi e), or the extension to certain purchasers of prices, services, or 

privileO'eS not xtended to all purchasers under like conditions, are 

unfair trade practices . 

. To defam or disparage a competitor directly or indirectly, by 

word or acts which untruthfully impugn his business integrity, his 

ability to keep his contracts, his credit standing, or the quality of his 

products, i an unfair trade practice. 

D. To inutate or simulate the trade mark, trade name, package, 

wrapper, or label of a competitor's product to such a degree as to 

deceive or have a tendency to deceive customers, is an unfair trade 

practice. 

E. To 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 represented party, without the knowledge of such employer principal or party, is an unfair trade practice. Provided, 

however, that nothing in this Section contained shall be so construed 

as to prohibit free and general distribution of articles commonly 

used for advertising except so far as such articles are actually used 

for commercial bribery as hereinabove defined. 

F. The false marking or branding of any product of the Industry 

which ha the tendency to mislead or deceive cus"tomers or prospec- tive customers, whether as to the grade, quality, quantity, substance, 

character nature, origin, size, finish, or preparation of any product 

of the Indu try, or otherwise, is an unfair trade p.i'actice. 

All members of the Industry shall comply with the Interstate 

Commerce Commission specifications, and the requirements of Rule 

40 of the Consolidated Classification, particularly as to the gauge of 

steel to be used in the various types and sizes of teel barrels ancl 

drums subject to the standard rolling tolerances of the National 

Association of Flat Rolled Steal Manufacturers. 

Further all members of the Industry shall make their teel barrel and drums of rated capacity with standard allowance for outage. 

G. The making or causing or knowingly permitting to be made or 

published any fal e, materially inaccurate, or deceptive statement, 

by way of advertisement or otherwi e, whether concerning the grade, 

quality, quantity, substance, character, nature, origin, size, finish, 

or preparation of any product of the Industry, or the credit terms, 

values, policies, or services of any member o:f the Industry, or othe'rwise, having the tendency or capacity to mislead or deceive customers 

or prospective customers, is an unfair trade practice. H. Any order3 for the product of the Indu try, other than contract order hall be. on a basis of delivery being completed within 

the calendar quarter in which such orders are taken. 

All members of the Industry, when makinO' ales which call for 

deli very over a period of more than one cal en 1ar quarter shall use 

a standard form of sales contract which shall include maximum and 

minimum quantities (with the maximum quantity being no greater 

than 50% above the minim~m quantity), or a definite percentage of 

the customer's entire requirement3 wjth a maximum quantity for 

which the seller shall be obligated, definite terms of time coverage, 
12 

adequate d cription f the produ t and a.ll other items necessary to 

form a compl t , una.mbiguou aareement b tween sell r an buyer, 

aid tandard form of ale ontract to be ubmitt d to the Ad1nini - t.rator for hi ar prO\ al. 

The peri d of cov rage un r any ontract of sale shall not ex e 

a six (6) month period from the end of the month durina which 

th ntra t is entered int . All u h ontract hall xpir at the 

n l of a cal n lar quarter, and th expirati n 1ate of u h ontrac 

shall not be xtendecl for any r a on· provid cl, how v r that the 

Agent of the Suprlementary Code Authority, upon r qu t by a 

maj rity of the ILem.bers of the Indu try, and with the appr val of 

he Admini trator hall be empowered to authorize a hange in u h 

p riod of c verage. 

F r th purpo e of thi Section, a alendar quart r hall be defined a follow : The first calendar quarter shall be the month of 

J anuar February an l March; the second calendar quarter hall be 

the month of April, ~.1ay an l June; the third calendar quart~r hall 

be th months of July Augu t and September; the fourth alendar 

quarter hall be the months of October, November and December. 

I. All member of the Industry shall confirm all verbal contractual quotation in writing within five ( 5) day so that definite vidence of such quotation may be on r cord, and such confirmation 

must embody all terms and considerations of the propo al. No 

additional verbal·under tanding shall be entered into. 

Prices in written quotations shall be either on the ba is of a complete price, embodying the price of the tandard barrel an l all 

extra , with the extras listed eparately, or a price on a tandard 

barrel with the extras called for being listed and priced. 

In order not to oppress or eliminate small enterpri e , no member of the Indu try shall offer reciprocal bu ine s as a m an of 

influencing the purchase of steel barrel and drums. 

J. Inducing, or attempting to induce, the breach of any contract 

between a competitor and his cu tomer or the repudiation of contracts or the acceptanc~ of repudiations of contract are unfair tra le 

practices. 

K. Shipping goods on consianment i an unfair trade pra ice. 

The term ' con ignment , as u ·eel in thi cti n means the upplying of goods to a con ignee for u e andjor ale by th on io·ne 

un er any contra t, agreem nt, or und r tanding wher by tjtl to 

the goods r main in the on ignor until uch time a they are withdrawn from the con igned tock and use and/ r s ld by th nsignee, and under which no liability for h pur ha 1 n of aiel 

good ari on th part of the con ignee until u h ''ith lra" al an 1 

us or al by him. · L. The . ale of te l barr Is or drum. whi h ar la conds ' hall be on a basi a1 prov 1 b. th Ag nt of the uppl m ntary Code Authority and th Ad·mini trat r and all uch al hall 

be r port cl to th A(J' nt of th upplem n ary Au hor·it at 

the en of ea h al n lar m nth. 

M. The tandard t rm of pa m nt of the Indu tr 

in xc f ne (1) per cent f r a h in ten (10) da n t thirt 

(3.0) day fr m cla of invoi and lat f invoj . hall n t b 

sub equent to dat of hipm nt. 
13 

Provided however, that in cases where numerous invoices are 

rendered to a cu tomer during any one month any member of the 

Indu try may allow such discount of one (1) per cent for payment 

on the ba is of settlement twice each month as follows: 

1. On invoices dated from the 1st to the 15th inclusive in any 

month such disconnt may be allowed on paymont o:f such invoice on 

or before the 25th of each month. 

2. On invoices dated from the 16th to the end o:f any month, such 

di count may be allowed on payment of uch invoices on or before 

the lOth of the next following month. 

N. The giving of any guarantee again t decline in price except 

a against the sellers own decline up to date of shipment, is an unfair 

trade practice. Further, the quotlno· of any guaranteed price to a 

u er of t~el barrels and drums or to a secondhand dealer in steel 

barrels and drum or to any other party '"hich would establish or 

tend to establish, a resale value on used " or " secondhand ' teel 

barrels and drums, is an unfair trade practice. 

0. All members of the Industry, as enting to this SupplementaTy 

Code, shall send to the A2:ent of the Supplementary Code Authority, within ten (10) days after they are entered into, signocl copies of all 

contracts of sale. In the event that an extra signed copy i not 

available then the original copy shall be ent to the Agent of the 

Supplementary Code Authority, who hall record the same and 

return it to the sender. 

P . All shipments made against any contracts shall be completed 

within fifteen ( 15) clays after the expiration elates thereof. 

In the event of price adjustments, nece sary at the beginning of 

any calendar quarter in order to comply with the term of a con- tract, shipments of all. releases aaainst uch contract placed during 

the preceding calendar quarter, shall be completed within fifteen (15) 

days from the end of uch calendar quarter. 

ARTICLE VI-JYiomFr '.:\Troxs 

SECTION 1. This Supplementary Co lc and all the provisiOns 

thereof are expressly made subject to the right of the President, in 

accordance with the provisions of sub-c::ection (b) of Section 10 of 

the Act, from time to time to cancel or modify any order, approval, 

license rule, or regulation i sued under said Ac-t. 

SECTION 2. This Supplementary Code, except as to prov1 wns required by the Act, may be modified an l/or amended on the basis 

of experience or change in circum tance , uch modifi ation and/ or 

amendments to b ba eel upon application by the Ao·ent of the upplementary Code Authority or other reprc. entative group within 

the In lustry to th Administrator and . uch notice and hearing as 

he shall specify and to become ffective as part of this Supplementary 

Cod-a on appro\al by the Pr ident and/ or the Aclmini trator. 

AnTI 'LE VII-lY o~oPOL ES 

SECTION 1. No provi. ion of thi Suppl mentary Code shall be so 

applied as to permit monopolies or monopoli tic pra tices, or to 

eliminate oppress, or discriminate aaainst mall enterprises.-
111 11 11111 11/ii~lill~lil'frflll flllilliliiU~Iflllll lll l 3 1262 08856 1252 

14 

SE TION 2. Wher a the policy of tho Act to increase real purcha ·ing power will b made more difficult of consummation if prices 

of good and er-vice increa e as rapidly as wages, it is recognized 

that 1 rice increa e x ept uch as may be required to me tin ividual 

o ·t ·houll be cl la l but when made such in reases hould so far 

a · 1 ·.:ibl b limite l to actual additional increase in the sellers 

0 t . 

ARTI LE' III-EFFECTIVE DATE AND DURATION 

Thi Supplementary ode hall become effective at 12: 01 o'clock 

A.~l. on the tenth day after it is approved by the Pre ident and 

shall continue in ffect until June 16, 1935 or the earliest elate prior 

th r€to on whi ch the Presi lent hall, by proclamation, or the Congre hall. by joint re .... olution: declare that the emergency recoo-nized 

by Section I of the National Indu trial Recovery Act, has ended. 

Arm rov.e1l Cod · . 4--Suoplement No. 26. 

Registry No. 1136--07. 

0 

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