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Approved Code No. 84-Appendix No. 5 Registry No. 1151-12 

NATIONAL RECOVERY ADMINISTRATION 

CODE APPENDIX 

FOR THE 

INDUSTRIAL WIRE CLOTH 

MANUFACTURING INDUSTRY 

(A Subdivision of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON FEBRUARY 8, 1935 

WE DO OUR PART 

I ., 

/\ OD ,.. - - --

UNITED STATES 

GOVERNMENT PRINTING OFFICE' 

WASHING TON : 1935 

I 

For sale by the Superintendent of Documents, Washington, D. C. • • • • - • - - Price 5 cents 
This publication is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D. C., and by district offices of the Bureau ot 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COJrlMERCB 

Atlanta, Ga. : 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Ma s.: 1801 Customhouse. 

Buffalo, N. Y.: Chamber of Commerce Building. 

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

Uhicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, Tex. : Chamber of Commerce Building. 

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Los Angeles, Calif.: 1163 South Broadway. 

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Sen ttle, Wa b.: 809 Federal Office Building. 
Approved Code No. 84-Appendix No. 5 

CODE APPENDIX 

FOR THE 

INDUSTRIAL WIRE CLOTH MANUFACTURING 

INDUSTRY 

As Approved on February 8, 1935 

ORDER 

APPROVING APPENDIX FOR THE INDUSTRIAL w IRE CLOTH 1\fANUF ACTURING INDUSTRY • 

A SUBDIVI ION OF THE FABRICATED METAL PRODUCTS MANUFACTURING A1 D 

METAL FI1'TJSHING ·A D METAL COATING IND STRY 

An application having been duly 111.ade pursuant to and in full 

compliance with the provisions of Title I of the ational Indu trial 

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, a 

amended June 1, 1934, for approval of an Appendix e tabli hing 

trade practice provi ions for the Industrial ,Vire Cloth :Manufacturing Sub di vision of said Industry, and Notice of Opportunity to bv 

H eard having been duly publicized, and objections having been received and duly considered thereon; and the annexed report on said. 

Appendix to said Code containing finding with respect thereto, having been made and directed to the President: 

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

tate , the National Indu trial Recovery Board, pur uant to authority ve ted in it by Executive Orders of the President, including 

Executive Order No. 6 59 dated September 27, 1934, and otherwi e ; 

doe hereby incorporate by reference said annexed report and does 

find that said Appendix to said Code complies in all re pect with 

the pertinent provisions and will promote the policy and purpo es 

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

of aid Code of Fair Competition be and it i hereby approved: 

PROVIDED HO,VEVER, that the operation of the provisions 

of Section A of Arti le V of the Code of Fair Competition for the 

Fabricated l\1etal Product Manufacturing and Metal Fini hing and 

Metal Coating Indu try be and it is hereby tayed a to all members 

114436 °-1573-35--35 (1) 
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of the Industrial '\Vire Cloth 1anufucturing Subdivi ion of said 

Industry subject thereto until the ational Industrial Recovery 

Board may by it or ler otherwi e direct. 

NATION AL L. DUSTRI.AL RECOVERY B o.ARD, 

B y W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

KrLBOUR.i:J"E JOHNSTON, 

Acting Division Administrator. 

WASHINGTON, D. c., 

F ebruary 8, 1935 . 

• 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lVhite House. 

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

Finishing and Metal Coating Industry, approved on November 2, 

1933, and as amended on June 1, 1934. 

GENERAL STA TEl\:IENT 

The Indu trial Wire Cloth 1-.1:anufacturing 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 Indu try, with the assistance of additional 

fair trade practice provisions. 

RESU l\IE OF THE APPENDIX 

Paragraph A, accurately defines the term "Industrial Wire Cloth 

:Manufacturing Subdivision." 

Paragraph B, ets up a governing body con isting of member of 

the Su bdi vi ion and also provides for an Administration :Member. This governing body is to be known as the Subdivisional Committee 

for the Industrial Wire Cloth Manufacturing Subdivi ion. 

Paragraph C, prescribes the effective date of the Appendix. 

TRADE PRACTICES 

Section 1, provides for the formulating of methods of cost finding 

and accounting capable of use by all members of this Subdivi. ion. 

Section 2, provides for open price filing by the members of the subdi vision. 

Section 3 provides for standards of fair competition with reference to pricing practice·, such as wilfully destructive price cutting, 

and declared emergency conditions. Section 4, provides for the determination of a lowe t rea onable 

co t in the event of a destructive price cutting emergency. Section 5, provides against indemnifying a purcha er against either 

a decline or an advance in price. 

Section 6, provides that no purchaser shall receive advance notice 

of any change in price or condition of sale. 

ection 7, provides that full pecifications covering quantity, price 

and fixed delivery date shall accompany orders. 

Section 8, provides that an invoice must be dated as of the 

actual date of shipment. 

Section 9, sets forth the practice of combination sales. 

Section 10, provide again t inducing breach of contract. 

(3) 
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Section 11, provides against con ignment shipments. 

Section 12, ets forth the practice in reference to return of obsolete products. 

Section 13, provides against consequential damages. 

Section 14, provides against substitution. 

Section 15, provides that products are to be de cribed 1n terms 

common to the ubdi vi ion. 

Section 16, relates to the classification of customers. 

FINDINGS 

The D eputy Administrator in his final report to the Board on 

said Appendix to aid Code having found as herein et 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 Indu trial Recovery 

A ct, 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 industry for the purpose of cooperative action among the 

trade groups, by inducing and maintaining united action of labor 

and management under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting 

the :fullest possible utilization of the present productive capacity of 

indu trie by avoiding undue restriction of p roduction (except as 

may be temporarily required), by increasing the consumption of 

industrial and agricultural products through increasing purchasing 

power, by reducing and relieving unemployment, by improving 

standard of labor, and by otherwise rehabilitating industry. 

(b) Said indu try normally employs not more than 50,000 employees; and is not cla · ified by the ational Indu trial Recovery 

Board as a major industry. 

( c) The Appendix to said Code a approved complies in all respects with the pertinent provisions of aid Title of said A ct , including without limitation Subsection (a) of Section 3, Sub ection (a) 

of Section 7, and Subse tion (b) of Section 10 thereof; and that the 

applicant a sociation is an a sociation truly repres ntatiYe of the 

aforesaid industry; and that said ac:sociation imposes no inequitable 

re trictions on admi · ion to membership therein. 

( d ) The Appendix to ai l Code i 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 op pre small enterprises and will not operate to discriminate against them. 

(f) Those enO'aged in other steps of the economic proce s have 

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

c:aid Appendix to said C de. 

For these reasons, therefore, this Appendix of aid Code has 

been approved. 

For the N a.tional Industrial Recov ry Board: 

w. A. H ARRIMAN . 

Adniinistrative Officer. 

FEimu RY 8, 1935. 
CODE AP PENDI X FOR THE INDUSTRIAL WIRE CLOTH 

MANUFACTURING INDUSTRY 

A SUBDIVISION OF THE FABRICATED l\IETAL PRODUCTS M ANUFACTURING 

AND METAL FINISHING AND METAL COATING INDUSTRY 

Pursuant to Section 4 of Article IV of the Code of Fair Com- petition of the Fabricated Metal Product Manufacturing and Metal 

Finishing and l\1etal Coating Industry, a amended, (the terms of 

which apply to each member of the Industrial ,Vire Cloth Manufacturing Subdivision) the following provi ions are established a an 

Appendix to said Code of Fair Competition of the Fabricated Metal 

Products l\1anufacturing and Metal Fini hing and Metal Coating 

Industry for the Industrial ,Vire Cloth l\1anufacturing Subdivision 

of that Industry. 

A. Definition .-The term "Industrial ,vire Cloth Manufacturing 

Subdivision" hereinafter in these trade practice provi ion referred 

to as the " ubdivi ·ion", means and includes, but without limitation, 

any individual, partnership, association, corporation, or other form 

of enterprise, eno·aged either, as an employer, or on hi · or its own 

behalf, in the manufacture, for sale, of woven wire cloth in any 

and all metals and for all purposes except fourdrinier an l other 

wire cloth for u e in pulp and paper mills a covered by the Sup- plementary Code of Fair Competition for the Pulp and Paper Mill 

Wire Cloth Manufacturing Industry al o exceptina insect wire 

screen cloth woven from copper, bronze, aluminum, monel metal, 

steel wire or other alloys in 12, 14, 16, and 18 mesh, and, further 

excepting wire poultry netting, fish trap wire netting, auto top wire 

netting, stucco wire netting, standard hardware wire cloth and woven 

wire lath. 

B. Subdivision.al Oommittee.-The member of the subdivision 

shall set up a subdivisional committee for the Industrial \Vire Cloth 

Manufacturing Subdivi ion, hereafter referred to as the "subdivisional committee", consisting of as many member as may be determined by and in a manner sati factory to the Basic Code Authority 

and the National Industrial Recovery Board. The ational Industrial Recovery Board may appoint a member of the ubdivisional 

committee who shall be given reasonable notice of and may sit at all 

meetings of the subdivi ional committee, but who shall be without 

vote and hall serve without expense to the subdivision. 

C. Effective Date.-This Appendix shall become effective t~n (10) 

days after it approval by the National Industrial Recovery Board. 

TRADE PRACTICES 

Any member of the subdivision who directly or indirectly through 

any officer, employee, agent, or representative violate or evades any 

of the following trade practice provisions shall be guilty of violation 

of this Code. (5) 
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SECTION 1. Cost Finding.-The subdivisional committee shall cause 

t o be formulated, methods of co t finding and accounting capable or 

use by all membe1.s of the subdivision, and shall submit such methods 

to the National Industrial Recovery Board for review. If approved 

by the National Indu trial Recovery Board, full information concerning uch methods shall be made available to all members of the 

subdivi ion. Ther eafter, each member of the subdivision shall utilize 

such methods to the extent found practicable. Nothing herein cont ained shall be construed as permitting the subdivisional committee, any agent thereof, or any member of the subdivision to sugge t unif orm additions, percentages or differentials or other uniform items 

of cost, which are designed to bring about arbitrary uniformity of 

costs or prices. The principles of accounting and costing as approved 

and set up under this section shall not be used by the subdivisional 

comn1ittee or the Basic Code Authority in the administration or the 

provisions of Article V, Section A of the Basic Code. 

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

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

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

or conditions or sale, hereinafter in this Appendix referred to as 

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

to and r epresent 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 effective immediately upon 

receipt thereof by said agent. 

Immediately upon receipt thereof said agent shall by telegraph or 

other equally 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 

t o all members of the subdivision and to all of their customers who 

h ave applied therefor and have offered t o defray the cost actually 

incurred by the agent of the subdi visional committee in the preparation and distribution thereof and be available for inspection by any 

of their customers at the office of said agent. 

Said lists or revisions or any p art the:reof, shall not be made 

available to any person until released to all members of the subdivision and their customers, as aforesaid ; provided, that prices filed 

in the first instance shall 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 

I ndustrial Recovery Board. Upon request, the subdivisional committee shall furnish to the National Industrial Recovery Board or 
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any duly designated agent 0£ the National Industrial Recovery 

Board, copies 0£ any such lists or revisions 0£ price terms. 

(b) When 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 0£ the subdivision shall sell or offer to sell any 

products or services 0£ the subdivision for which price terms have 

been filed pursuant to the foregoing provisions, except in accordance 

with such price terms. (d) No 1nember of the subdivision shall enter into any agreement, 

understanding, combination or conspiracy to fix or maintain price 

terms, nor cause or attempt to cause any member of the ubdivision 

to change his 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 Section to create. 

SECTION 3. Costs and Price Outting.-The standards of fair competition for this sub di vision with reference to pricing practices are 

declared to be as follows : 

(a) Wilfully destructive price cutting is an unfair method of competition and is forbidden. Any member 0£ the subdivision or of any 

other subdivision or industry or the customers of either, may at any 

time complain to the subdivisional committee that any filed price 

constitutes unfair competition as destructive price cutting, imperiling small enterpise or tending toward monopoly or the impairment 

0£ code wages and working conditions. The subdivisional committee 

shall within five ( 5) days afford an opportunity to the member filing 

the price to answer such complaint and shall, within fourteen (14) 

days, make a ruling or adjustment thereon. If such ruling is not 

concurred in by either party to the complaint, all papers shall be 

referred to the Research and Planning Division of N. R. A. which 

shall render a report and recommendation thereon, to the National 

Industrial Recovery Board. 

(b) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for prices. It is intended that 

sound cost-estimating methods should be used and that consideration 

should be given to costs in the determination of pricing policies. 

( c) When an emergency exists as to any given product, sale below 

the stated minimum price of such product, in violation of the following Section 4 hereof, is forbidden. 

SECTION 4. Emergency Provisions.-(a) If the National Indus- trial Recovery Board after investigation, shall at any time find both 

(1) that an emergency has arisen within the subdivision adversely 

affecting small enterprises or wages or labor conditions, or tending 

toward monopoly or other acute conditions which tend to defeat the 

purposes of the Act; and (2) that the determination of the stated 

minimum price for a specified product within the subdivision, for a 

limited period is necessary to mitigate the conditions constituting 

such emergency and to effectuate the purposes of the Act, the subdivisional committee may cause an impartial agency to investigate 

costs and to recommend to the National Industrial Recovery Board 

a determination of the stated minimum price of the product affected 

by the emergency and thereupon the National Industrial Recovery 

Board may proceed to determine such stated minimum price. 
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(b) When the National Industrial Recovery Board shall have 

determined such stated minimum price for a specified product for 

a stated period, which price shall be reasonably calculated to mitigate 

the conditions of such emergency and to effectuate the purposes of 

the National Industrial Recovery Act, they shall publish such price. 

Thereafter, during such stated period, no member of the subdivision 

shall sell such specified products at a net realized price below said 

stated minimum price and any such sale shall be deemed destructive 

price cutting. From time to time, the subdivisional committee may 

recommend review or r<:'consideration or the National Indu trial 

Recovery Boar l may cause any determinations hereunder to be 

reviewed or reconsidered and appropriate action taken. 

SECTION 5. I nde11iwifying Against Decline or Advance in Price.- No member of the subclivi ion shall indemnify a purchaser nor offer 

to. indemnify a purchaser against either a decline or an advance in 

pnce. 

SECTION 6. Advance Notice of P1ice Ohanges.-No member of the 

subdivision shall give to any purchaser, or prospective purchaser, 

any advance notice of an intention to change his price terms and/ or 

conditions of sale. 

SECTION 7. Specifioations and Definite Delivery Date to Accom,- pany Orders.-N o member of the subdivision shall enter into or 

accept a contract, order or commitment unless such contract, order 

or commitment is accompanied by full specifications covering quantity, price and a fixed delivery date which does not extend beyond 

ninety (90) day from receipt of such contract, order or commitment. 

SECTION 8. P1·e-dating and Post-dating of l nvoices.-No member 

of the subdivision shall state in any invoice, as the date thereof, a 

date earlier or later than the actual date of shipment, or include in 

any invoice, any product shipped on a date earlier or later than 

the date of such invoice. 

SECTION 9. Oo11ibination ales.-No member of the subdivision 

shall enter into any contract, accept an order or render any invoice 

to include goods other than products of the subdivision, unless the 

price charged or to be charged for the product of the subdivision 

included therein, is separately stated and set forth. 

SECTION 10. Jnd1.lcing Breach of Oontract.- No member of the 

subdivision shall induce or attempt to induce the breach of a contract 

between a competitor and hi customer or between a competitor and 

his source of supply; nor sha ll any member of the subdivision interfere with or obstruct the performance of such contractual duties or 

services. SECTION 11. Shirnnents on Oonsignment.-No member of the subdivision shall ship goods on consignment except where peculiar circumstances within the subdivision may require the practice and then 

only under conditions to be defined by the subdivisional committee 

an l approved by the National Industrial Recovery Board. 

SECTION 12. R etitrn of Obsolete Products.-N o member of the subdivision shall offer to accept or accept for credit or refund, products of the subdivision which are obsolete, or for other reasons not 

readily saleable, as shown by sale records of the preceding year, 

unless such member of the sub di vi ion shall have, prior to such offer 

or acceptance, filed with the subdivisional committee a statement in 
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writing, setting forth the fact concerning and reasons for such 

pro po ed off er or acceptance, provided, however, that such credit or 

refund gr.anted by the m mber of the subdivision to any cu tomer 

shall in no ca ·e amount to more than the r , ale or salvage value of 

the product r turned, whichever i higher. Provi led, further, 

that the pr vi ·ion of this Section hall not apply to the return of 

products which are defective as to workman hip or material nor 

in ca where the member of the ubdivi ion has failed to comply 

with the contract of sale. 

SEcTio 13. Consequential Dam,a.ges.- :ro member of the Subdivi ion shall enter into any agreement to a ume re ponsibility for 

damage , or other items of expen e, which normally cannot be anticipated by any member of the subdivi ion in original costs and 

selling prices, provided that this section shall not apply in cases of 

wanton or wilful malfeasance or negligence or in ca e where its 

provisions conflict with existing state laws. 

SECTION 14. ubstitution.-No member of the subdivision shall 

sub titute or deliver, without the consent of the purcha er, any material or product other than that specified by the purchaser. 

SECTION 15. Products to be Describ d in T er,ns Common to the 

S,ubdivision.-N o member of the ubdivision hall u e in any invoice, any de criptive term which doe not fully describe the product 

sold, or to be old, in terms customarily used in the subdivi ion. 

SECTION 16. Classification of Customers.-The subdivisional committee hall cau e to be formulated and keep current a cla ification 

of all types of customers of the subdivi ion. Such classification shall 

be subj 0 ct to the disapproval of the ational Indu trial Recovery 

Board and shall contain : (a) A complete list of all the cla ses of 

customers of the subdivi ion, including a class to cover every known 

type of cu tomer; and (b) definitions or de criptions of the everal 

classes in terms of functions performed, or in other appropriate 

terms such as purchasers of defined quantitie . After submission to the ational Indu trial Recovery Board, if 

there is no di approval or reque t for suspension of action within 

twenty (20) lays, full information concerning the cla ifi ation shall 

be made available to all members of the subdivi ion. 

No one shall by intirn.idation, coercion, or other undue influence, 

cau e, or attempt to cau e, the inclusion of any customer in, or the 

exclu ion of any cu tomer from, any clas of customer , or the exclu ion of any clas o:f cu tomer from the cla ification, or the use 

of uniform or stipulated price , discount or differentials and each 

member of the ubdivision may at all times cla ify his own customers in accordance with his own judgment. 

Ar proved Code No. 4-Appen lix No. 5. 

R gi try o. 1151-12. 

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