Approved Code No. 487 Registry No. 1713-53 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

IMPORTING TRADE 

AS APPROVED ON JULY 20, 1934. 

WE IX> OUR PART 

.. -· ..... o--:. 

f A ,1 • ,. --• . 

U.S. DEPOMTOIW 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

I 

\ 

For sale by the Superintendent of Documents, Washintton, D.C. - • - - - - - • Price 5 cents 
'l'hls publication is for sale by the Superintendent of Documents, Government 

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mass.: 1801 Customhouse. 

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

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

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

Cleveland, Ohio: Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Buildi:ng. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn.: 229 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N.Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo.: 506 Olive Street. 

San Francisco, Calif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 487 Registry No. 1713-53 

ERRATA SHEET 

CODE OF FAIR COMPETITION 

FOR THE 

IMPORTING TRADE 

As Approved on July 20, 1934 

P age 177, Paragraph III, Article II-Definitions: The word 

"employer" should be "employee." Following this word, which is 

printed in italics, a mistake was also made by the omission of the 

letter "e" in the word "employer", which should be changed to 

read "employee.." 

Page 184, Section 1, line 4: The word "division" should be 

" section." 

77862°-1044-17-34 II. S . GOVERNMEIIT PRINTING OFFICE , 193.t 
Digitized by the Internet Archive 

in 2011 with funding from 

University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation 

http://www.arthive.org/details/codeoffaircompet2894unit 
Approved Code No. 487 

CODE OF FAIR COMPETITION 

FOR THE 

IMPORTING TRADE 

As Approved on July 20, 1934 

ORDER 

CODE OF F .AIR COMPETITION FOR THE IMPORTING TRADE 

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 a Code of 

Fair Competition for the Importing Trade and hearings having been 

held thereon and the annexed report on 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, 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 Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved. 

HUGH s. JOHNSON' 

Administrator for Industrial Recovery. 

Approval recommended: 

ROBERT L. HOUSTON, 

Division Administrator. 

w .ASHINGTON, D.C., 

July f O, 1934. 

75205°-829-120-34-1 (173) 
REP.ORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Sm: This is a report of the Hearing on the Code of Fair Competition for the Importing Trade, conducted in the Sun Room of the 

Washington Hotel, April 7, 1934. The Code which is attached, was 

presented by duly qualified and authorized representatives of the 

Trade, complying with the statutory requirements, said to represent 

75 :per cent in number and 75 per cent in volume of sales of the Trade 

which could be included in this Code. 

'l'HE TRADE 

According to statistics furnished by members of the Importing 

Trade, there are approximately 1100 establishments with aggregate 

annual sales of approximately $760,000,000. The Trade employs 

about 23,000 persons. The Code is defined to govern ooly those importers who are not governed by any other approved Code of Fair 

Competition, the above statistics referring only to importers who are 

not now governed by other approved codes. 

LABOR PROVISIONS 

The Code provides for a work week of 40 hours with certain necessary exceptions among which are: Porters, engineers, firemen, electricians and outside installation and repair men are permitted to ,·rnrk 

44 hours per week and watchmen are permitted to work 54 hours per 

week. Provision is made whereby an employer may work an employee as many as 8 hours in excess of the hours mentioned above, 

if time and one-third is paid for such additional hours per week. 

The rates of pay, with certain exceptions for learners and junior 

employees, are $15.00 per week of 40 hours in cities of over 500,000 

population, or in the immediate vicinity thereof, and $14.00 per week 

of 40 hours in all other placesi except in the South, which is defined to 

read as prescribed, at $1.00 ess than the rate otherwise applicable. 

Part time employees and employees paid on piece rate basis shall 

receive a minimum of 40¢ per hour irrespective of their method of 

compensation, this being a slightly higher hourly minimum than is 

provided for full time em.ployees. 

TR.ADE PRACTICE PROVISIONS 

The Trade Practices proposed in Article VII of the Code are not 

in any respect obj ectionable. l\1ost of these Trade Practice Provisions are similar to the Trade Practice Provisions contained in the 

Code of Fair Competition for the Whol~saling or Distributing 

(174) 
175 

Trade. The provision prohibiting inaccurate labeling, branding an_d 

packing of goods is designed particularly to protect both domestic 

manufacturers and importers from any unfair advantage which 

might be gained by the misleading appearance of imported goods. 

CODE ADl\ffNISTR.ATION 

The General Importers Code Authority is authorized in Article 

VI to take any necessary action on the request of any trade, group 

or individual governed by this Code to represent them in the case 

of actions filed against them under Title I, Section 3 ( e) of the Act 

by domestic manufacturers and others who desire protection from 

allegedly lower prices of imporred products. This seems to be a 

very desirable provision in that it will afford importers representation by a body which will be best able to gather and present the 

necessary facts in support of the importers' position and may make 

it possible to handle such cases with greater dispatch. 

The Administration of the Code is organized in accordance with 

commodity di visions. 

FIXDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basis of all the proceedings in this matter; 

I find that-

(a) Said 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 

industry for the purpose of cooperative action among trade groups, 

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 

use 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 reducin&' 

and relieving unemployment, by improving standards of labor, anct 

by otherwise rehabilitating industry. 

(b) Said Trade normally employs not more than 50,000 employees 

and it is not classified by me as a major industry. 

( c) The Code as approved complies in all res:pects 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 a trade association truly representative of the aforesaid Trade; 

and that said association imposes no inequitable restrictions on 

admission to membership therein. 

( d) The Code is not designed to and will not permit monopolies 

or monopolistic :practices. 

( e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 
176 

(£) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to the approval of this 

Code. 

For these rea sons, the Code has been approved. 

Respectfully, 

JULY 20, 1934. 

HUGH s. JOI-INSON, 

Administrator. 
CODE OF FAIR COMPETITION FOR THE IMPORTING 

TRADE 

ARTICLE I-PURPOSES 

SECTION 1. To effectuate the policies of Title I of the National Industrial Recovery Act, this Code is established as a Code of Fair 

Competition for the Importing Trade, and its provisions shall be 

the standards of £air competition £or such Trade and sha.11 be binding 

upon every member thereof. 

SECTION 2. To afford the means of effective preparation and proper 

presentation of all relevant import £actors, with reference to the pos- sible application 0£ the special provisions governing imported products, contained in Title I, Section 3 ( e) 0£ the Act. 

ARTICLE II-DEFINITIONS 

lmporter.-For the purposes 0£ this Code, an "Importer" shall 

be defined, but without limitation, as any individual, partnership, 

corporation, association, or other form of enterprise, or any organiz.ed 

division thereof, principally engaged in importing merchandise, 

and/ or principally engaged in the sale of imported merchandise to 

manufacturers, wholesalers, retailers, and/ or to institutional, commercial, and/ or industrial users; provided, however, that this Code 

shall not govern the importation 0£ merchandise which is solely for 

the consumption of the Importer, and not for resale. l'viodifications 

of, or extensions to this definition, or any part thereof, may be made 

£or specific divisions when embodied in any appropriate Supplemental Code, or when recommended by the appropriate Divisional 

Code Authority and approved by the Administrator. 

The Trade.-The term " Trade " is defined to be the business in 

which Importers, as above defined, are engaged. 

E1nployer.-The term "mployer" as used herein, includes anyone engaged in the Trade in any capacity receiving compensation 

for his services, irrespective of the nature or method of pavment of 

such compensation. · 

Employer.-The term "Employer" as used herein, includes anyone by whom such employee is compensated or employed. 

Ultimate Oonsumer.-The term "Ultimate Consumer" as used 

herein is defined as a purchaser £or home and/or personal use, and 

not £or use or consumption in trade or business or by institutions. 

Porter.-The term "Porter" as used herein is defined as an employee who, in addition to other maintenance duties, is responsible 

£or opening and closing the establishment by which he is emEloyed. 

President, Act, Administrator.-The terms "President" 'Act", 

and "Administrator", as used herein shall mean, respecti~ely, the 

(177) 
178 

President of the United States, Title I of the National Industrial 

Recovery Act, and the Administrator for Industrial Recovery. 

Population for the purposes of this Code shall be determined by 

reference to the latest Federal Census. 

AnTICLE III-HouRs 

SECTION 1. Maximum Hours and Excel)tions shall be as follows: 

(A) No member of the Trade shall cause or permit any employee, 

except an employee in an executive, supervisory, professional, or 

personal secretarial capacity, who receives a salary or guaranteed 

minimum of thirty-five dollars ($35.00) per week or more, and e.,~cept 

outside salesmen, to work more than forty ( 40) hours in any one 

week, or to work more than six ( 6) days in any one week ( or less, as 

determined by the Code Authority of any specific Trade with the 

apl?roval of the Administrator), except as hereafter specified. 

( B) No employee, except those exempted in paragTaphs (A) and 

(B) of this Section, shall be permitted to work more than eight (8) 

hours in any one day, except that an extra hour's work may be 

worked on any day if one hour be deducted from the normal working 

hours of any other day of the same week. 

( C) Porters, engineers, firemen, electricians, and outside installation and repair men, shall not be permitted to work in excess of 

forty-four (44) hours nor more than six (6) days in any seven (7) 

day period. 

(D) Watchmen shall not be permitted to work more than nine (9) 

hours in any one day, nor more than fifty-four (54) hours, nor more 

than six ( 6) days in any seven (7) day period. 

(E) An employer may work an employee such hours as n1ay be 

necessary in excess of the hours specified in (A), (B), (C), and (D) 

of this Section, if time and one-third is paid for all such additional 

hours per week, but in no case shall any employee, other than cable 

clerks, shipping document clerks, and inside emergency repair men, 

• be permitted to work more than eight (8) hours per week in excess 

of his regular hours specified above. 

(F) Employers shall so arrange matters that the hours worked by 

any employee in any one day shall be consecutive with the exception 

of not more than one hour for lunch. 

SECTION 2. Employment by Several E1nployers.-No employer 

shall knowingly permit any employee to work for a.ny time which, 

when totaled with that already performed with another employer 

or employers in this Trade, or in any other trade or industry, 

exceeds the maximum permitted herein. 

ARTICLE IV-WAGES 

SECTION 1. No employee, irrespective of his method of compensation, shall be paid less than the following weekly wage: 

(A) In cities of five hundred thousand (500,000) population or 

over, or in the immediate trade area thereof, at the rate of fifteen 

dollars ($15.00) per week of forty (40) hours. 

(B) In places of less than five hundred thousand (500,000) population, at the rate of fourteen dollars ($14.00) per week of forty 

(40) hours. 
179 

Provided, however, that in the South the rate may be one dollar 

($1.00) per week less than the rates specified above in this Section. 

The term "the South " means the following states : Virginia, \Vest 

Virginia, I{entucky, J\1aryland, District of Columbia, Tennessee, 

North Carolina, South Carolina, Georgia, Florida, Alabama, :Mississippi, Arkansas, Louisiana, Oklahoma, and Texas. 

( C) A part-time employee or one paid on an hourly basis, shall 

be paid not less than forty cents ( 40¢) per hour. Any employee 

working less than the regular full time hours per week shall be considered a part-time employee. Employers 1nay establish a regular 

full time week of less than the hours specified herein for all or 

part of their employees; provided, howeYer, that the minimum 

weekly wages established herein shall not be reduced, notwithstanding such reduction of regular full time weekly hours. Employees 

paid on a piece-rate bas1s shall r eceive not less than forty cents 

( 40¢) per hour for each hour during which they are at the service 

of their employer, irrespective of the piece-rate basis of their 

compensation. 

(D) Junior employees between the ages of 16 and 18 years, inclusive, may for the first six months of their employment be paid 

at the rate of two dollars f$2.00) less per week than the minimum 

wage rate per week otherwise applicable to them; and learners over 

18 years of age may, for a period of three 1nonths from the date of 

their employment, be paid at the rate of one dollar ($1.00) less per 

week than the minimum wage per week otherwise applicable to them. 

The number of employees classified and compensated as juniors or 

learners combined shall not exceed the, ratio of one such employee to 

every ten employees or fraction thereof. 

(E) All wages due shall be paid not less than once per month in 

lawful money or by negotiable check, payable on demand. 

SECTION 2. No employee whose normal full time weekly hours as of 

July 1, 1933, or the date of employment, whichever is later, are reduced by twenty per cent (20%) or less, shall have his or her full 

time weekly earnings as of July 1, 1933, or the date of employment, 

whichever is later, reduced. No employee whose normal full time 

weekly hours as of July 1, 1933, or the elate of employment, whichever is later, are reduced by more than twenty{ercent (20 % ), shall 

have his or her full time weekly earnings as o July 1, 1933, or the 

date of employment, whichever is later, reduced by more than ten 

percent (10% ). 

ARTICLE V - GENERAL LABOR PnovrsroNs 

SECTION 1. 'll-fini11ium Age R equ.ire1nents.-No person under 16 

years of age shall be employed in the Trade, nor anyone under 18 

years of age, at operations hazardous in nature or detrimental to 

health. The Code Authority shall submit to the Administrator a 

list of such hazardous and unh ealthful occupations not more than 

thirty (30) days after such Code Authority is established and approved by the Administrator. In any state, an employer shall be 

deemed to have complied with this provision, if he shall have on 

file a certificate or permit duly issued by the Authority, in such 

State, empowered to issue employment or age certificates or permits 

showing that the employ2e is of the required age. 

75203°-829-120--34---2 
180 

SECTION 2. Employee Rights and Employers Duties.- (A) Employees shall have the right to organize and bargain 

collectively through representatives of their own choosing, and shall 

be free from the interference, restraint, or coercion of employers 

of labor, or their agents, in the designation of such representatives 

or in self-organization or in other concerted activities for the purpose of collective bargaining or other n1utual aid or protection. 

(B) No employee and no one seeking employment shall be required as a condition of employment to join any company union or 

to refrain from joining, organizing, or assisting a labor organization 

of his own choosing; and 

(C) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment, approYed or prescribed by the President . . SECTION 3. Precedence of Federal and State Laws.- No provision 

in this Code shall supersede any Federal or State Law which im- poses on employers more stringent requireii1ents as to age of employees, wages, hours of work, or as to safety, health, sanitary, or 

general working conditions, or insurance, or fire protection, than are 

imposed by this Code. 

8ECTION 4. R eclassification of Employees.-No employer shall 

reclassify employees or duties of occupations performed or engage 

in any other subterfuge, so as to def eat the purposes or provisions 

of the Act or of this Code. 

SECTION 5. Posting Oode.-Each employer shall post in conspicu- ous places accessible to all employees, full copies of the labor provisions of this Code, together with such amendments and modifications as may hereafter be made. Every employer shall comply with 

the rules and regulations relative to the posting of provisions of 

Codes of Fair Competition which may from time to time be prescribed by the Administrator. 

SECTION 6. P1·otection of 001nplainants.- No employee shall be 

dismissed by reason of making a complaint or giving evidence in 

respect to an alleged violation of this Code. 

SECTION 7. Protection of Ernployees.-Every employer shall make 

reasonable provisions for the safety and health of his employees at 

the place and during the hours of their employment. Standards of 

safety and health shall be submitted by the General I mporters Code 

Authority to the Adn1inistrator within three (3 ) months after the 

effective date of this Code. 

ARTICLE VI- CODES, .AND THE AmvnNISTR.ATION T HEREOF 

SECTION 1. General and Suppleniental Oocles.- (A) To provide an effective procedure for the administration of 

this Code and all Codes supplemental thereto, the Trade shall be 

divi led into commodity divisions, as hereinafter provided. 

(B) Provisions governing importers in all commodity divisions 

are included in this General Importers Code. 

( C) Provisions governing in1porters in one or more, but not in 

all commodity di visions, may be eml;>odied in a supplemental code 

for each division, after hearing before the Administrator and 

approval thereof. 
181 

SECTION 2. General Importers Oode Authority.-

(A) The creation of a General Importers Code Authority to 

cooperate with the Administrator in the administration of the provisions of this General Importers Code, is hereby authorized, and 

the creation of a Divisional Code Authority for each Division of 

the Trade to cooperate with the Administrator in administering the 

provisions of its Supplemental Code, is hereby authorized. 

(B) The General Importers Code Authority shall be divided into, 

but not limited to, three major Sections, representing 1. Crude and 

semi-finished materials, 2. Food products, 3. Manufactured goods 

ready for re-sale. 

(1) Each of the major Sections shall consist of not less than three 

members, not more than one of whom shall be selected from each 

qualified trade in that Section. The Administrator, in his discretion, may appoint one or more additional members, without vote, to 

represent the Administrator. 

(2) Until such time as the General Importers Code Authority is 

elected as herein provided, the Central N.R.A. Committee for Import 

Trade Codes, which Committee has presented the Code on behalf of 

the Trade, shall act as the General Importers Code Authority. 

(C) The General Importers Code Authority shall have the following duties and powers subject to such rules and regulations as may 

from time to time be issued by the Administrator, in addition to the 

other powers herein granted : 

(1) To supervise and coordinate the administration of Supplemental Codes by the Divisional Code Authorities; to administer the 

Code directly to members not having Divisional Code Authorities; 

and to coordinate the administration between such members and Divisional Code Authorities having jurisdiction over other commodity 

groups, in order to prevent conflicts of authority and to minimize 

overlapping of powers. (2) To hear all matters pertaining to the provisions of the General Importers Code which may be submitted to it by any Importer 

or Divisional Code Authority; and to attempt to adjust and/ or to 

report the same with recommendations to the Administrator. 

(3) To adopt by-laws and rules and regulations for its procedure 

and for the administration of this Code; to elect officers, and to employ a staff as needed to exercise its functions. 

( 4) To require from Importers and from Divisional Code Authorities such information and reports as are necessary to effectuate 

the purposes of this Code, provided, however, except as otherwise 

provided in the Act, or in this Code, all statistics, data, and information filed or required in accordance with the provisions of this 

Code shall be confidential, and handled by an impartial agency, and 

the statistics, data, and information of one member shall not be revealed to another member, including members of the General 

Importers Code Authority; no such data or information shall be 

published, except in combination with other similar data, and in 

such manner as to avoid the disclosure of confidential information. 

(5) To use such Trade Associations or other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority of its duties or responsibilities under this Code, and that such 
182 

Trade Associations and agencies shall at all times be subject to and 

comply with the provisions hereof. 

(6) To make inYestigations as to the functioning or observ:ance 

of any proYision of the General or Supplemental Codes; provided, 

ho11eYer that the General Importers Code Authority shall not investigate nor attempt to adjust complaints of violation of the labor 

provisions of this Code, until so authorized by the Administrator. 

(7) To appoint Trade Practice Committees which shall meet with 

the Trade Practice Committees appointed under such other Codes 

of Fair Competition as may be related to the import trades, for the 

purpose of :formulating fair trade practices to govern the relationships between employers under this Code and such others, to the 

end that such fair trade practices may be proposed to the Administrator as amendments to this Code and such other Codes. 

(8) To elect a representative to serve on any Coordinating or Advi ory Committee which may subsequently be established :for the 

entire wholesale, retail, importing, exporting, and manufacturing 

branches of any trade or industry, and to cooperate with such committee for the purpose of achieving uniform basic trade practice 

provisions or with respect to any :functions which may be delegated 

to it by the Administrator. 

( 9) To take any nece sary action on formal request of any trade, 

group, or individual governed by this Code to protect them :from 

actions filed under Title I, Section 3 ( e) of the Act, or to represent 

them in any negotiations relevant to the Importing Trade, entered 

into with any Department of the Govermnent, or with domestic producers, manufacturers or associations of the same, expenses incurred 

thereby to be :for account of the parties directly interested. 

( 10) To present to the Administrator reports and recommendations based on conditions in the Trade, which will tend to effectuate 

the purposes of the Act, such recommendations upon approval of 

the Administrator to become operative as a part of this Code; provided, however, that any Import-er affected thereby, shall have the 

right to be heard by the General Importers Code Authority and the 

Administrator. 

(11) To recommend to the Administrator any modification of this 

Code, either on its own initiative, or on request by any branch of 

the Trade. 

(12) To establish from time to tirn.e as necessary, coordinating 

committees to investigate matters arising between various Divisions 

of the Trade, which committees may make recommendations to the 

General Importers Code Authority, as a result of such investigation. 

(13) To submit to the Code Authority members representing a 

particular major Trade Section, as established in Sub-section (B) 

of this Section, matters concerning Importers in such major Trade 

Section, :for investigation and recommendation to the General 

Importers Code Authority as a whole. 

( 14) To exercise all general po11ers necessary to assist the Adn1inistrator. 

SECTION 3. Divisional Code Authorities.-Each Divisional Code 

Authority shall consist of not less than three nor more than fifteen 

members, selected by the members of the Division of the Trade for 
183 

which its Supplemental Code has been approved, in accordance 

with a fair method to be provided in the Supplemental Code of 

each Division. 

(A) The Administrator, in his discretion, may appoint one or 

more additional members, to any Divisional Code Authority, without 

vote, to represent the Administrator. 

(B) Each Divisional Code Authority shall have the following 

duties or powers: 

1. To administer for its own Division of the Trade its Supplemental Code and the General Code, subject to the supervision of 

the General Importers Code Authority and the Administrator. 

First, with respect to the provisions of the General Code which 

govern all Divisions of the Trade, each Divisional Code Authority 

subject to the approval or request of the General Importers Code 

Authority : 

(1) Shall require from Importers in the Division which it represents such reports as are necessary to effectuate the purposes of the 

General Importers Code; subject, however, to similar requirements 

as to non-disclosure of confidential information as is provided. in 

Section 2 ( C) ( 4) of this Article; and 

(2) May upon its own initiative or complaint of any Importer 

in such Division, make investigations as to the functioning and 

observance of any provision of the General Importers Code and may 

hear and attempt to adjust such complaints; provided, however, that 

Divisional Code Authorities shall not investigate, nor attempt to 

adjust complaints of violation of the labor provisions of this Code 

until so authorized by the Administrator; and provided further, that 

any Importer who may be affected by the action pr handling of 

matters pertaining to any provision of the General Importers Code 

by his Divisional Code Authority, shall have the right to have such 

matters submitted to and considered by the General Importers Code 

Authority for its action as provided. in Section 2 ( C) of this Article. 

Second. With respect to the specific provisions of the Supplen1ental Codes which g-overn one or more, but not all, Divisions of 

the Trade, each Divis10nal Code Authority, subject to the approval 

or consent of the Administrator; 

(1) Shall require from Importers in its Division such reports as 

are necessary to effectuate the purposes of its Supplemental Code; 

subject, however, to similar requirements as to non-disclosure of confidential information as is provided in Section 2 ( C) ( 4) of this 

Article; and 

(2) May, upon its own initiative or complaint of any Importer in 

such Division, make investigation as to the functioning and observance of any provision of its Supplemental Code, and may hear and 

attempt to adjust such complaints; provided, however, that Divisional Code Authorities shall not investigate nor attempt to adjust 

complaints of violation of the labor provisions of this Code until so 

authorized by the Administrator, and provided further, 

(a) In the event that a Divisional Code Authority should report 

any matter referred to in the " Second " part of the above paragraph 

to the Administrator which affected any J?rovision of the General 

Importers Code, the Administrator may if he desires, refer such 

matters to the General Importers Code Authority for handling as 
184 

if such matters had been directly submitted to the General Importers 

Code Authority by such Divisional Code Authority, as provided in 

the " First " part of the above paragraph. 

SECTION 4. Qualification.-Any trade or group of trades may qualify to elect a representative on the General Importers Code Authority 

by submitting evidence of compliance with such minimum requirements as to number of members, number of employees, volume of 

turnover, invested capital, or otherwise, as may be determined by 

the Administrator. 

SECTION 5. Elections.-1fembers of the General Importers Code 

Authority shall be elected with regard for the major Sections established in Section 2 (B) of this Article, and all members of the Trade 

in ea.ch Division who assent to the terms and agree to bea..r their share 

of the cost of administration of the General Importers Code and any 

applicable Supplemental Codes thereto, shall have the right to vote 

for the Code Authority members representing their respective major 

Trade Sections. 

(A) The Central N.R.A. Committee for Import Tra.de Codes shall 

submit to the Administrator for approval a fair and equitable method 

for choosing nominees, and for conducting such election. 

(B) The General Importers Code Authority shall establish in its 

By-Laws provisions relating to the terms of office of its members, 

and election of successors to the General Importers Code Authority 

or of any individual member thereof, whether to fill an unexpired 

term or for a new term of office; provided, however, that such provisions may be disapproved by the Administrator upon review. 

SECTION 6. Administratvve Interpretations.-The Administrator 

may from time to time, after consultation with the General Importers Code Authority or with any Divisional Code Authority, or 

on his own initiative, issue such administrative interpretations of the 

various provisions of this Code, or of any of the Supplemental 

Codes thereto, as are necessary to effectuate their purposes, and such 

interpretations shall become operative as a part of this Code or 

such Supplemental Codes. . 

SECTION 7. N on-Liability.-N othing contained in this Code shall 

constitute the members of the General Importers Code Authority or 

Divisional Code Authorities partners for any purpose nor shall any 

member of any of such Code Authorities ( General or Divisional) 

be liable in any manner to anyone for any act of any other member, 

officer, agent or employee of any such Code Authorities nor shall 

any member of any such Code Authorities, exercising reasonable 

diligence in the conduct of his duties hereunder, be liable to anyone 

for anY. action or omission to act under this Code, except for his 

own willful malfeasance or nonfeasance. 

SECTION 8. Undue Hardships Imposed by Oodes.-Where the operation of the provisions of this Code or any Supplemental Code 

hereto, imposes an unusual or undue hardship, any Importer ma.y 

make application for relief to the Administrator who, after such 

public notice and hearing as he 1nay deem necessary, may grant 

such exceptions to, or modifications of, the provisions of this Code 

or of any Supplemental Code hereto, as the case might be, as may 

be consistent with the Act. 
185 

SECTION 9. Obligations of Trade Associations.-

(A) Each Trade Asso9iation directly or indirectly participating 

in the selection or activities of the General Importers Code Authority and/or Divisional Code Authorities or their agencies, shall: 

(1) impose no ineq_uitable restrictions on membership, and (2) submit to the Administrator true copies of its articles of association, 

by-laws, regulations, and any amendments when made thereto, together with such other information as to membership, organization, 

and activities as the Administrator may deem necessary to effectuate 

the purposes of the Act. 

(B) In order that the General Importers Code Authority and 

Divisional Code Authorities and their Agencies shall at all times be 

truly representative of the Import Trade, and in other respects comply with the provisions of the Act, the Administrator may provide 

such hearings as he may deem proper; and thereafter, if he shall find 

that the General Importers Code Authority or any Divisional Code 

Authority or any of their agencies is not truly representative or does 

not in other respects comply with the provisions of the Act, may 

require an appropriate modification in the method of selection of any 

such Code Authority or Agency. 

SECTION 10. Payment of Cost of Administ,ration.- (A) It being found necessary, in order to support the administration of this Code, and to maintain the standards of fair competition 

established herein, and to effectuate the policy of the Act, the 

General Importers Code Authority is authorized: 

(1) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which may be raised as hereinafter provided and shall be 

held in trust for the purposes of this Code. 

(2) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary, 

(1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary 

to suf port such budget shall be contributed by Importers; 

(3 After such budget and ha.sis of contribution have been approved by the Administrator, to determine and obtain equitable contribution as above set forth by all such Importers, and to that end, if 

necessary, to institute legal proceedings therefor in its own name; 

(B) Each Importer shall pay his or· its equitable contribution to 

the expenses of the maintenance of the General Importers Code 

Authority, as hereinabove provided, and subject to rules and regulatjons pertaining thereto issued by the Administrator. Only importers complying with the Code and contributing to the expenses 

of its administration as hereinabove provided, unless exempted by 

Administrative Order from any obligation to pay such assessments, 

shall be entitled to participate in the selection of members of the 

General Importers Code Authority or to receive the benefits of any 

of its voluntary activities or to make use of any emblem or insignia 

of the National Recovery Administration. 

(C) The General Importers Code Authority shall neither incur 

nor pay any obligation in excess of the amount thereof as estimated 

in its approved budget, except upon approval of the Administrator; 

and no subsequent budget shall contain any deficiency item for ex-
186 

penditures in excess of prior budget estimates except those which 

the Administrator shall have so approved. 

(D) Divisional Code Authorities when established under supplemental codes shall have the powers set forth in subsections (A) 

(B) and (C) of this Section, subject to the limitations contained 

therein, in order to support the administration o:f their particular 

Supplemental Codes, the General Code as appljed to their specific 

division o:f the Trade, and to effectuate the policy o:f the Act. 

SECTIO:N 11. lnforrnation /01· Government Agencies.- In addition 

to the information required to be submitted to the General Importers Code Authority and the Divisional Code Authorities or their 

agencies, all or any of the persons subject to this Code shall furnish 

such statistical information and reports as the Administrator may 

deem necessary for the purposes recited in Title I, Sections 3 (a) 

and 3 (e) of the Act, to such Federal and/ or State Ao-encies as 

the Administrator may designate; but nothing in this Code shall 

relieve any person of any existing or :future obligation to furnish 

reports to Government Agencies. No individual report shall 

be disclosed to any other Importer or any other party except to 

such other governmental agencies as may be directed by the 

Administrator. 

SECTION 12. R eview of Acts of Oode Authorities.-I:f the Administrator shall determine that any action of a Code Authority ( General 

or Divisional) or any agency thereof may be unfair or unjust or 

contrary to the public interest the Administrator may require that 

such action be suspended to afford an opportunity for investigation 

o:f the merits of such action and :further consideration by such Code 

Authority or agency pending final action which shall not be effective 

unless the Administrator approves or unless he shall fail to disapprove after thirty day-s' notice to him of intention to proceed with 

such action in its original or modified form. 

SECTION 13. Expense of Administration Members.- Salaries and 

expenses of Administration Members of the General Importers Code 

Authority and the Divisional Code Av.thorities shall not be imposed 

upon, but may be assumed by the Trade in unusual cases warranting 

such action. 

SECTION 14. Industrial Relations Committee.- ( A) There shall be created for the General Importing Trade a 

National Industrial Relations Committee, and :for each division 

thereof which obtains an approved Supplemental Code, a Divisional 

Industrial Relations Committee, each such committee to be composed 

of three (3) persons who shall be selected as follows: 

(1) A representative of the employers to be appointed, in the case 

of the National Industrial Relations Committee, by the General 

Importers' Code Authority, and, in the case o:f each Divisional Industrial Relations Committee, by the appropriate Divisional Coda 

Authority, which bodies are hereby specifically empowered to make 

such appointments. 

(2) A representative o:f the employees to be nominated by the 

Labor Advisory Board o:f the National Recovery Administration and 

apJ?ointed by the Administrator. 

(3) An im:partial chairman to be selected by the two (2) members 

already appomted, or, in case they disagree, by the Administr ator. 
187 

(B) Members of these committees shall hold office for six ( 6) 

months from the date of their appointments, and re-appointments 

shall be made or vacancies shall be filled in the same manner as 

provided in Sub-section (A) of this section. 

( C) Each Industrial Relations Committee shall have the duty 

of dealing with complaints and disputes relating to labor, in accordance with rules and regulations issued by the Administrator. 

They shall have all such general powers necessary to facilitate the 

performance of said duty, as may be conferred upon them by and 

under rules and regulations issued by the Administrator, and each 

special powers as may be expressly conferred by the Administrator. 

(D) Upon approval of the Administrator, local Industrial Relations Committees may be appointed under the General Importer8 

Code or any supplement thereof, in order to :facilitate the investigation and conciliation of complaints and disputes relating to labor. 

Such local Industrial Relations Committees shall report all cases 

handled by them to the appropriate National or Divisional Industrial Relations Committees which may modify or reverse any action 

taken by local Industrial Relations Committees so reporting to 

them. Local Industrial Relations Committees shall each consist of 

three (3) members to be appointed in the same manner as provided 

in Sub-section (A) of this section. 

ARTICLE VII-UNFAIR TRADE PRACTICES 

SECTION 1. lnaooivrate Labelling.-No ImJ?orter shall brand, mark 

or pack any goods in any manner which 1s intended to, or does, 

deceive or mislead purchasers with respect to the brand, gTade, 

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

material, content, or preparation of such goods; nor shall any 

Importer sell or offer for sale any imported mercha.ndise labeled, 

marked, stamped or branded in any manner which misleads or tends 

to mislead the purchaser; nor shall any Importer lmowingly imitate, or sell or offer for sale any imported merchandise bearing a 

device which shall imitate, a trademark, trade name, slogan, or any 

other mark of identification of a product of domestic manufacture, 

when such domestic marks, names or slogans have been in actual 

use prior to their use in the case of imported goods, if such device 

has the capacity to mislead a purchaser or prospective purchaser. 

SECTION 2. lnac()Urate Advertising.-No Importer shall publish 

advertising ( whether printed, radio, display, or of any other nature), 

which is misleading or inaccurate in any material particular, nor 

shall any member in any way misrepresent any goods (including, but 

without limitation, their use, trade mark, grade, quality, quantity, 

origin, size, substance, character, nature, finish, material content, or 

preparation) or credit terms, values, policies, services, or the nature 

or form of the busine s conducted. 

SECTION 3. False Billing.-No Importer shall knowingly withhold 

from or insert in any quotation or invoice, any statement which 

makes it inaccurate in any material particular. 

SECTION 4. Commercial, Bribery.-No Importer shall directly or 

indirectly give or permit to be given, or offer to give, money or any-
188 

thing of value to agents, employees, or representatives of customers 

or prospective customers, with or without knowledge of their employers or principals, as an inducement to influence their employers 

or principals, to purchase or contract to purchase from the makers 

of such gift or offer, or to influence such employers or principals to 

refrain from dealing or contracting to deal with competitors. This 

Section shall not be construed to prohibit free and general distribution of articles commonly used for advertising except so far as such 

articles are actu,ally used for commercial bribery as herein defined. 

SECTION 5. Interf erence with Another's Oontracts.-No Importer 

shall attempt to induce the breach of an existing contract between a 

competitor and his customer or source of supply; nor shall any such 

Importer interfere with or obstruct the performance of such contractual duties or services. 

SECTION 6. R ebates and Ooncessions.-No Importer shall permit 

the payment or allowance of rebates, refunds, commissions, credits, 

unearned or special discounts, whether in the form of money or 

otherwise, or the extension to certain purchasers of special services 

or privileges, not extended to all purchasers of the same class on 

like terms and conditions. 

SECTION 7. Giving of Prizes, P.rem/itivms, or Gifts.-N o Importer 

shall offer or give prizes, premiums, or gifts in connection with the 

sale of products, or as an inducement thereto, by any scheme which 

involves lottery, misrepresentation, or fraud. 

SECTION 8. Defamation.-No Importer shall defame competitors 

by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, or by the false disparagement of the grade or quality 

of their goods. 

SECTION 9. Threats of Litigation.-No Importer shall publish or 

circularize threats of suits for infringement of patents or trade marks 

or any other legal proceedings not in good faith, with the tendency 

or effect of harassing competitors or intimidating their customers. 

Failure to prosecute in due course shall be evidence that such threat 

is unwarranted or unjustified. 

SECTION 10. Espi,onage of Oompetitors.-.No Importer shall secure, 

or attempt to secure, confidential information from any source concerning the business of a competitor by a false or misleading statement or representation, by a false impersonation of one in authority, 

by bribery, or by any other unfair method. 

SECTION 11. Subterfuge.-It shall be an unfair trade practice for 

any Importer to employ subterfuge, to avoid or attempt to avoid the 

provisions of this Code, or any Supplemental Code hereto, or the 

purposes and intent of the National Industrial Recovery Act, which 

are to increase employment, provide better wages, promote fair 

competitive methods, better business conditions, and promote the 

public welfare. 

SECTION 12. Other Unfair Trade Practices.-Subject to administrative approval after hearing there may be established, in any 

Supplemental Code, trade practice rules covering such other subjects as conditions in such specific Division may require. Any violation of these provisions shall be an unfair trade practice. 
189 

ARTICLE VIII-APPLICATION OF CODE 

SECTION 1. Any import trade, by majority Yote of its members 

may make application to the Administrator to operate under any 

other approved Code of Fair Competition which covers its trade, 

and upon approval of the Administrator shall become subject to 

such other approved Code and shall no longer be governed by this 

General Importers Code with respect to such of their activities as 

shall be covered by the Code to which they shall be so transferred. 

SECTION 2. Every Importer, except those who on the effective date 

of this Code are governed, or hereafter become governed, as to all 

or part of their activities, by any other Code of Fair Competition 

under the administration of the National Recovery Administration or the Agricultural Adjustment Administration, shall be 

bound by all of the provisions of this General Importers Code 

and by all of the provisions of each and every Supplemental Code 

applicable to him, when such General Importers Code and/ or such 

Supplemental Code or Codes shall have been approved, with respect 

to all of his activities which are not covered by another approved 

code, except those Importers, who file with the Administrator applications :for exemption to this Code or any portion thereof, which 

after due consideration by the Administrator are sustained. 

ARTICLE IX-MODIFICATION 

SECTION 1. This General Importers Code and the Supplemental 

Codes hereto, and all provisions thereof, are expressly made subject 

to the right of the President, in accordance with the provisions of 

Sub-section (b) of Section 10 of the Act, from time to time to cancel 

or modify any order, approval, license, rule 01· regulation issued 

under Title I of said Act and specifically but without limitation, to 

the right of the President to cancel or modify his approval of these 

Codes or any conditions imposed by him upon his approval thereof. 

SECTION 2. This General Importers Code and the Supplemental 

Codes hereto, except as to provisions required by the Act, may be 

modified on the basis of experience or changes in circumstanGes such 

modifications to be based upon application by Importers, the General Importers Code Authority or by any Divisional Code Authority 

to the Administrator and such notice and hearing as he may prescribe, and to become effective on approval of the Administrator. 

ARTICLE X-MONOPOLIES, ETC. 

No provision of this Code, nor of any Supplemental Codes hereto, 

shall be so applied as to permit monopolies or monopolistic practices, 

or to eliminate, oppress, or discriminate against small enterprises. 

ARTICLE XI-EFFECTIVE DATE 

This Code shall become effective on the tenth day after approval. 

ApproYed Code No. 487. 

Regi ·try No. 1713-53. 

0 
UNIVERSITY OF FLORIDA 

11111111111111111 IIIII IIIII II IIIIII II IIIIII Ill Ill lllll lllll Ill I I 

3 1262 08585 2894 

. . . 

. . -~ -