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Approved Code No. 204-Amendment No. 3 Registry No. 1129-03 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

PLUMBING FIXTURES 

INDUSTRY 

I AU 

AS APPROVED ON MARCH 25,1935 

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......... 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

W ASBINGTON: 1935 

For sale by the Superintendent of Documents. Washington. D. C. • • • • • • - • - Price 5 cent3 
This pub lien tion is for sale by the Superintendent of Documents, Government 

Printing Office, Washington, D. C., and by the following N. R. A. offices: 

Atlanta, Ga .: 625 Citizens & Southern National Bank Building. 

Baltimore, Md. : 130 Customhouse. 

Birmingham, Ala.: 201 Liberty National Life Building. 

Boston , Mass.: Room 1200, 80 Federal Street. 

Buffalo, N. Y.: 219 White Built1ing. 

Chicago, Ill.: Room 204, 400 North Michigan Avenue. 

Cl eYeland, Ohio.: 520 Bulkley Building. 

Da!las, Tex.: 1212 Republic Bank Building. 

Detroit, 1\Iich.: 415 New Federal Building. 

H ouston, Tex. : 403 Milam Building. 

Jacksonville, Fla.: 425 United States Courthouse and Post Office 

Building. 

Los Angeles, Calif. : 751 Figueroa Street, South. 

Louisville, Ky. : 408 Federal Building. 

Minneapolis, Minn. : 900 Roanoke Building. 

Nashville, Terin.: 415 Cotton States Building. 

Ne,vark, N. J.: 434 Industrial Office Building, 1060 Broad Street. 

New Orleans, La.: 214 Customhouse. 

New York, N. Y.: 45 Broadway. 

Oklahoma City, Okla.: 427 Commerce Exchange Building. 

Philadelphia, Pa.: 933 Commercial Trust Building. 

Pittsburgh, Pa.: 401 Law and Finance Building. 

Portland, Oreg.: 407 Park Building. 

Providence, R. I.: National Exchange Bank Building, 17 Exchange Stn ct. 

St. Louis, Mo.: Suite 1220, 506 Olive Street. 

San Francisco, Calif. : Humbolt Bank Building, 785 Market Street. 

Seattle, Wash.: 1730 Exchange Building. 
Approved Code No. 204-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

PLUMBING FIXTURES INDUSTRY 

As Approved on March 25, 1935 

ORDER 

APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR THE 

PLUMBING FIXTURES 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 an amendment to a Code of Fair Competition for the Plumbing Fixtures 

Industry, and hearings having been duly held thereon and the annexed report on said amendment, 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 amendment and the Code as constituted after being 

amended comply in all respects with the pertinent provisions ai1d will 

promote the policy and purposes of said Title of said Act, and does 

hereby order that said amendment be and it is hereby approved, anJ. 

that the previous approval of said Code is hereby amended to include 

an approval of said Code in its entirety as amended, such approval 

and such amendment to take effect twenty days from the date hereof, 

unless good cause to the contrary is shown to the National Industrial 

Recovery Board before that time and the National Industrial Recovery Board issues a subsequent order to that effect. 

NATIONAL INDUSTRIAL REcOVERY BoARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval recommended: 

BARTON W. MuRRAY, 

Division Administrator. 

WASHINGTON, D. c., 

March 25, 1935. 

124361°----1603--115----35 (1) 
REPORTTOTHEPREffiDENT 

The PRESIDENT, 

The White House 

SIR: This is a report on an amendment to the Code of Fair Competition for the Plumbing Fixtu,res Industry as proposed in accordance with Article IX, Section 2 of said Code, and on which a Public 

Hearing was conducted in Washington on February 13, 1935. Due 

opportunity to be heard was afforded all interested parties. 

The amendment provides for the delegation of Article VII, Trade 

Practices and Article VIII, Marketing Policies, as well as other 

provisions pertaining thereto. The Wage and Hour provisions of 

the Code and the number of workers employed are in no way affected 

by this amendment. 

Article VII prohibits as unfair methods of competition, the following: Discrimination (between purchasers of the same class) ; 

Secret Rebates; Postdating and Predating; Inducing Breach of 

Contract; Repudiation of Contracts; Lump Sum and Combination 

Bidding; False Marking or Branding; Misrepresentation or False 

or Misleading Advertising; Substitution (of inferior articles) ; 

Defamation; Commercial Bribery; Protection (against price advance or decline); Threats of Litigation; Espionage of Competitors; Used Materials (sale of products of the Industry to secondhand dealers) ; and Other Unfair Practices. 

Article VIII, lists certain trade practices which are to be followed 

in the marketing of products, the deviation from which rules constitutes unfair competition. These practices are: 

Orders (limitations on forward contracts) 

Invoices (Method of rendering) 

Standa1·dization of Products (Establishment of grading ruleB and 

industry standards) 

G1·ading (Prohibition against the sale of seconds in the United 

States) 

Field Inspection (Limitations on granting of credits for defective 

articles) 

Consigned Stocks (Prohibition against) 

Distribution ( (a) Classification of customers, (b) establishment 

of selling price floor, (c) conduct of each type of business separately 

if engaged in more than one, (d) prohibition against direct sales to 

consumer, (e) publication of suggested resale prices to consumer) 

Cost Protection (Sales below cost and cost accounting system) 

Uniform T e1·ms of Sale (Establishment of, by Code Authority) 

Published Lists (Open price filing) 

Close-outs (Rules for sale of obsolete material) 

Subsection (c) and part of Subsection (b), Section 2 of Article VI, 

which are deleted, refer to the investigation of complaints by Fair 

Competition Committees. Subsection (d), Section 2, Article yi, provides for the submission of information to the Code Authority. 

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Lines four and five of the first paragraph of Section 2, Article IX 

make reference to the provisions of t>ection 7, Article YIII a11d are, 

therefore, deleted. · 

FINDINGS 

The Assistant Deputy Administrator in his final report to the 

National Industrial Recovery Board on said amendment to said 

Code having found as herein set forth and on the basis of all the 

proceedings in this matter: 

It is found that: 

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

well designed to promote the policies and purposes of Title I of 

the National Industrial Recovery Act including the 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 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 agricultural products through increasing purchasing power, by reducing and relieving 

unemployment, by improving standards of labor, and by otherwise 

rehabilitating industry. (b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7, and 

sub-section (b) of Section 10 thereof. 

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

to and will not permit monopolies or monopolistic practices. 

(d) The amendment 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. 

(e) 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. 

For these reasons, therefore, this amendment has not been approved. 

For the National Industrial Recovery Board: 

~fARCH 25, 1935. 

w. A. HARRIMAN, 

Administrative Officer. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE PLUMBING FIXTURES INDUSTRY 

Article VI, Section 2, Subsection (b)-Delete the first and last 

sentences, reading respectively as follows: 

"It shall investigate complaints of violations of this Code and 

shall take such steps as may be necessary to secure an equitable disposition of any such complaint." 

"The Code Authority may, to such extent as it may determine, act 

by and through the Fair Competition Committee of each Industry." 

Article VI, Section 2, Subsection (c)-Delete all of this subsection. 

Article VI, Section 2, Subsection (d)-Delete all of this subsection. 

Article VII, Trade Practioes-Delete all of this article. 

Article VIII, Marketing Policies-Delete all of this article. 

Article IX, Section 2-Delete from lines four and five of the first 

paragraph "subject, however, to the provisions of Section 7 o£ 

Article VIII." 

Reletter Subsection (e) of Article VI, Section 2 to read Subsection (c). 

Reletter Article IX to read Article VII. 

Reletter Article X to read Article VIII. 

Reletter Article XI to read Article IX. 

Reletter Article XII to read Article X. 

Approved Code No. 204-Amendment No.3. 

Registry No. 1129- 03. 

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