Approved Code No. 84-Supplement No. 32 Registry No. 1122-07

NATIONAL RECOVERY ADMINISTRATION

SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE

HOG RING AND RINGER

MANUFACTURING INDUSTRY

(A Division of the Fabricated Metal Products

Manufacturing and Metal Finishing

and Metal Coating Industry)

AS APPROVED ON MAY 22, 1934

M& MEMBER

U.&

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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

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

Foreign and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

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Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 84-Supplement No. 32

SUPPLEMENTARY CODE OF FAIR COMPETITION

FOR THE

HOG RING AND RINGER MANUFACTURING

INDUSTRY

As Approved on May 22, 1934

ORDER

APPROVING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR TH

RING AND RINGER MANUFACTURING INDUSTRY

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURIN

METAL FINISHING AND METAL COATING INDUSTRY

An application having been duly made pursuant to and 

compliance with the provisions of Title I of the National Ind

Recovery Act, approved June 16, 1933, and in accordance w

provisions of Section I of Article VI of the Basic Code f

Fabricated Metal Products Manufacturing and Metal Finishin

Metal Coating Industry, approved November 2, 1933, for ap

of a Supplementary Code of Fair Competition for the Hog 

and Ringer Manufacturing Industry, and hearing having bee

held thereon; and the annexed report on said Supplementary 

containing findings with respect thereto, having been mad

directed to the President:

NOW, THEREFORE, on behalf of the President of the 

States. I, Hugh S. Johnson, Administrator for Industrial Re

pursuant to authority vested in me by Executive Orders 

President, including Executive Order No. 6543-A, dated De

30, 1933, and otherwise; do hereby incorporate by reference sa

nexed report and do find that said Supplementary Code co

in all respects with the pertinent provisions and will promo

policy and purposes of said Title of said Act; and do hereby 

that said Supplementary Code of Fair Competition be and 

hereby approved; provided, however, that the provisions of 

VII, Section 1, insofar as they prescribe a waiting period b

the filing with the Code Authority (or such agency as m

designated in the Code) and the effective date of price lists, a

inally filed and,/or revised price lists or revised terms and con

of sale, be and they hereby are stayed pending my further O

Approval WASHINGTON, 6140GO--544-12ij---34 A. R. recommended: Division May GLANCY, D.C., 02, 1934. Administrator. Administrator (1) for HUGH Indwstrial S. JOhNSON, Recov
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

SIR: This is a report on the Supplementary Code of Fa

tition for the Hog Ring and Ringer Manufacturing In

division of the Fabricated Metal Products Manufacturmgn 

Finishing and Metal Coating Industry, the hearing ha

conducted thereon in Washington, D.C., February 6, 1934, 

ance with the provisions of Title I of the National 

Recovery Act.

GENERAL STATE ENT

The Hog Ring and Ringer Manufacturing Industry, b

representative of this division of the Fabricated Metal 

Manufacturing and Metal Finishing and Metal Coating 

has elected to avail itself of the option of submitting a Su

tary Code of Fair Competition, as provided for in Sec

Article VI of the Basic Code, for the Fabricated Metal 

Manufacturing and Metal Finishing and Metal Coating 

approved by you on the second day of November, 1933.

REsUME OF THE CODE

Article I states the purpose of the Supplementary Code

Article II accurately defines specific terms employed in 

plementary Code.

Article III. This Industry is a division of the Fabrica

Products Manufacturing and Metal Finishing and Meta

Industry, and the labor provisions of its Basic Code, as 

November 2, 1933, are the labor provisions of this Supp

Code.

Article IV establishes a Supplementary Code Authorit

ing of the Executive Committee of the Hog Ring and Ring

facturers Association and gives the Administrator the au

appoint one additional member without vote and provides m

for obtaining statistics and the administration of the Supp

Code.

Article V provides for an accounting system and metho

finding and for estimating. mined lists. mentary competition Article Article Article by Code VIIIII V a uniform in provides provides this which sets division forth method has against for the been methods of of unfair the selling costing. especially (2)Industry. of trade below setting designed practices allowable up and to of revi

cost offthi
3

Article IX provides against montopolies and monopolistic 

tices.

Article X contains the mandatory provisions coitained in S

10 (b) and also provides for the sIbmission of proposed amend

to the Supplementary Code.

Article XI recoginizes that price increases be limited to actual 

tional increases in the seller's costs.

Article XII states the effective date and duration of this S

mentary Code.

FINDINGS

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

mentary Code having found as herein set forth and on the ba

all the proceedings in this matter:

I find that:

(a) Said Supplementary Code is well designed to promo

policies and purposes of Title I of the National Industrial Rec

Act, including removal of obstructions to the free flow of inte

and foreign commerce which tend to diminish the amount th

and will provide for the general welfare by promoting the org

tion of industry for the purposes of cooperative action amon

trade groups, by inducing and maintaining united action of 

and management under adequate governmental sanctions and 

vision, by eliminating unfair competitive practices, by prom

the fullest possible utilization of the present productive capac

industries, by avoiding undue restriction of production (exc

may be temporarily required), by increasing the consumpti

industrial and agricultural products through increasing pu

ing power, by reducing and relieving unemployment, by impr

standards of labor, and by otherwise rehabilitating industry.

(b) Said industry normally employs not more than 50,00

ployees; and is not classified by me as a major industry.

(c) The Supplementary Code as approved complies in all re

with the pertinent provisions of said Title of said Act, inc

without limitation Subsection (a) of Section 3, Subsection 

Section 7, and Subsection (b) of Section 10 thereof; and th

applicant group is an association truly representative of the 

said Industry; and that said association imposes no inequ

restrictions on admission to membership therein.

(d) The Supplementary Code is not designed to and wi

permit monopolies or monopolistic practices.

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

eliminate or oppress small enterprises and will not operate 

criminate against them.

(f) Those engaged in other steps of the economic process ha

been Supplementary Code. MAY For deprived Respectfully, these 201 1934. reasons, of Code. the therefore, right to I be have hard approved prior Huuii to this S. approval AdministraJonSsoN, Supplemo
SUPPLEMENTARY CODE OF FAIR COMPETITIO

THE HOG RING AND RINGER MANUFACT

INDUSTRY

A DIVISION OF THE FABRICATED MFJTAL PRODUCTS MANUFACTU

METAL FINISHING AND METAL COATING INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policies of Title I of the National 

Recovery Act, the following provisions are established a

leientary Code of Fair Competition for the Hog Ring an

Manufacturing Industry, pursuant to Article VI of the B

of Fair Competition for the Fabricated Metal Products 

turing and Metal Finishing and Metal Coating Industry, 

by the President of the United States on the second day o

ber, 1933, and the provisions of this Supplementary Code 

the standard for fair competition for this Industry and 

binding upon every member thereof.

ARTICLE II-DEFINITIONS

SECTION 1. The term " Hog Ring and Ringer Manufact

dustry " is defined to mean the manufacture for sale of H

and Ringers.

SECTION 2. The terms " President ", "Act ", and " Admin

as used herein shall mean respectively the President of th

States, Title I of the National Industrial Recovery Act

Administrator for Industrial Recovery.

SECTION 3. The term " member of the Industry " as used 

cludes but without limitation any individual, partnership

tion, corporation or other form of enterprise engaged in the 

either as an employer or on his or its own behalf.

SECTION 4. The term " Basic Code " as used herein is 

mean the Basic Code of Fair Competition for the Fabrica

Products Manufacturing and Metal Finishing and Metal 

Industry as approved by the President of the United Stat

second day of November, 1933.

SrCTION 5. The term " employee " as used herein include

compensation. engaged in the hiserein Supplementary SECTION services,s defined 6. irrespective The Industry Code to termean as hereinafter " of in Supplementary the any nature Ageicy capacity (4) provided. or which metod receiving Code is Authority of to compenpaymendin
SECTION 7. The term " employer " as used herein includes an

by whom any such employee is compensated or employed.

SECTION 8. The term "Association " is defined to mean the 

Ring and Ringer Manufacturing Association or its successor.

SECTION 9. The term " Cionfidential Agent " as used herein, i

fined to mean the impartial agency to be designated by the Su

mnentary Code Authority.

ARTICLE III-MI'LOYMENT PROMISIONS

This Industry is a division of the Fabricated Metal Pro

Manufacturing and Metal Finishing and Metal Coating Indu

and without limitation the wage, hour and labor provisions in 

cle III of its basic code as approved by the President Novemb

19:33, including Section 1 of said Article III by which the provi

of Sub-sections (1), (2) and (3) of Section 7 (a) of Title I o

Act are made conditions of this Code, are specifically incorpo

herein and made a part hereof as the wage, hour and labor provi

of this Supplementary Code.

ARTICLE IV-ORGANIZATION AND ADMINISTRATION

SECTION 1. The Supplementary Code Authority is hereby co

tited the agency to administer the provisions of this Supplemen

Code and to collect and distribute all statistical reports of 

Industry.

The Supplementary Code Authority shall consist of the Exec

Committee of the Hog Ring and Ringer Manufacturers Associa

In addition thereto the Administrator may appoint a memb

the Supplementary Code Authority who shall be without vote 

shall serve without expense to the Industry, unless the Supplemen

Code Authority agrees to pay such expense. The represent

who may be appointed by the Administator shall be given reason

notice of all meetings and may sit at all meetings of the Sup

inentary Code Authority.

SECTION 2. Any Association/Institute and/or Bureau directl

indirectly participating in the selection or activities of the Sup

mentary Code Authority shall (1) impose no inequitable restric

on membership, and (2) shall use due diligence in submitting t

Administrator true copies of its Articles of Association, By-L

Regulations and any amendments when made thereto, together 

such other information as to membership, organization, 

activities as may be necessary to effectuate the purposes of the 

SECTION 3. In order that the Supplementary Code Auth

shall, at all times, be truly representative of the Industry an

removal priate the other trator proper; Code respects Supplementary respects Authority modification may of and, comply any or all of prescribe thereafter, comply with is Code or not with sucthe provisions modifications truly the Authority. if the Hearings he members representative provisions shall in find thereof of as the the he of that method may the Act, or and the does Act,may make reasonably may Supplemenof the not selectiorequire Admin ap
6

SECTION 4. All members of the Industry are subject to 

j

diction of the Supplementary Code; shall be entitled to p

in and sharc the benefits of the Supplementary Code.

SECTION 5. It being found necessary. in order to su

administration of this Supplementary Code and to mai

standards of fair competition established by this Suppl

Code and to effectuate the policy of the Act, the Suppl

Code Authority is authorized, subject to the approva

Administrator:

(a) To incur such reasonable obligations as are nece

proper for the foregoing purposes and to meet such oblig

of funds which may be raised as hereinafter provided a

shall be held in trust for the purposes of the Supplementa

(b) To submit to the Administrator for his approval, 

such notice and opportunity to be heard as he may deem 

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

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

sary to support such budget shall be contributed by me

the Industry;

(c) After such budget and basis of contribution have 

proved by the Administrator, to determine and secure 

contribution as above set forth by all such members of the 

and to that end, if necessary, to institute legal proceedings 

in its own name.

SECTION 6. Only members of the Industry complying 

Supplementary Code and contributing to the expenses of i

istration as provided in Section 1 hereof shall be entitled t

pate in the selection of the members of the Supplement

Authority or to receive the benefit of its voluntary activi

make use of any emblem or insignia of the National 

Administration.

SECTION 7. Nothing contained in this Supplementary C

constitute the members of the Supplementary Code Autho

ners for any purpose. Nor shall any member of the Suppl

Code Authority be liable in any manner to anyone for a

any other member, officer, agent or employee of the Suppl

Code Authority, nor shall any member of the Supplement

Authority, exercising reasonable diligence in the condu

duties hereunder, be liable to anyone for any action or om

act under this Supplementary Code, except for his ow

malfeasance or non-feasance.

SECTION 8. The Supplementary Code Authority shall a

time to time furnish to the Basic Code Authority, designate

Basic Code, such information as may be required to be 

powersrovided Authority rules and under fully Without SECTION administer terms and for regulations 9. shall limitation duties of The in said this have this Supplementary which Basic Supplementary code to the as the following shall te Code. an foregoing, or Administrator be to necessary effectuate Code Code specific Authority any and the Supplementmay its duties other proper purose. prescribe: shall powers subjecto enhav
7

(a) To adopt By-Laws and Rules and Regulations for, a

records of its procedure and the administration of this Sup

tary Code.

(b) To obtain from members of the Industry through t

fidential Agent such information and reports as are required 

administration of the Supplementary Code. In addition t

mation required to be submitted to the Supplementary Code 

ity. members of the Industry subject to this Supplementa

shall furnish such statistical information as the Administra

deem necessary for the purposes recited in Section 3 (a) of 

to such Federal and State agencies as he may designate; p

that nothing in this Code shall relieve any member of the I

of any existing obligations to furnish reports to any Gov

agency. No individual report shall be disclosed to any oth

ber of the Industry or any other party except to such other 

mental agencies as may be directed by the Administrator.

(c) To use such trade associations and other agencies as 

proper for the carrying out of any of its activities provi

herein, provided that nothing herein shall relieve the Sup

tary Code Authority of its duties or responsibilities under th

plementary Code and that such trade associations and agenc

at all times be subject to and comply with the provisions 

(d) To make recommendations to the Administrator for 

ordination of the administration of this Supplementary Co

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

(e) To secure from members of the Industry an equita

proportionate payment of the reasonable expenses of mai

the Supplementary Code Authority and its activities.

(f) To cooperate with the Administrator in regulating 

of any N.R.A. insignia solely by those members of the Indus

have assented to, and are con, lying with, this Supplementar

(g) To recommend to the Administrator further fair trad

tice provisions to govern members of the Industry in their r

with each other or with other industries and to recommend 

Administrator measures for industrial planning, including s

tion of employment.

SECTION 10. if the Administrator believes that any action 

Supplementary Code Authority or any agency thereof is u

unjust or contrary to the public interest, the Administrator 

quire that such action be suspended to afford an opportun

investigation of the merits of such action. Further action 

Supplementary Code Authority or agency regarding the mat

plained of may be taken if approved by the Administrator b

not be taken if disapproved by the Administrator within 

health employment. the months such days SECTION SECTION Supplementary of rules of notice aftermployees 12. 11. and regulations the to Standards To the Everyhim effective Code during of extent employer intention for Authority date safety permitted as the hours of the shall to theand to proceed Administrator the Supplementary provide by health and Administrator the with at shall Act for the such and be the places may Codesubm

actio

purssafwp
S

any and all information furnished to the Supplementary 

thority by any members of this Industry pursuant to the p

of this Supplementary Code shall be subject to verificatio

im partial ag )ent appointed by the Supplementary Code A

aid each member of the Industry shall furnish to such 

agent so mnuch of his pertinent books, accounts and record

be required to verify the accuracy of the information subm

AIITICLE -ACCOUNTING AND COSTING

SECTION 1. With respect to that portion of his product 

within the Industry, every member of the Industry sha

accounting system for determining his allowable cost w

forms to the principles of, and is at least as detailed and 

Ds, the uniform method of accounting, and the uniform m

costing. to be formulated by the Supplementary Code A

and approved by the Administrator with such variations t

as may be required by the individual conditions affecting a

ber of the Industry or group of members of the Indust

SECTION 2. Notwithstanding any other provision of t

plementary Code when the Supplementary Code Authori

mines that an emergency exists in this Industry and that 

thereof is destructive price-cutting such as to render inef

seriously endanger the maintenance of the provisions of 

plementary Code, the Supplementary Code Authority m

to be determined the lowest reasonable cost of the produc

Industry, such determinatiQn to be subject to such notice 

ing as the Administrator may require. The Administrator 

prove, disapprove, or modify the determination. Thereaf

ing the period of the emergency, it shall be an unfair trade 

for any member of the Industry to sell or offer to sell any 

of the Industry for which the lowest reasonable cost has be

mined at such prices or upon such terms or conditions of 

the buyer will pay less therefor than the lowest reasonabl

such products.

When it appears that conditions have changed, the Suppl

Code Authority, upon its own initiative or upon the reque

interested party, shall cause the determination to be rev

ARTICLE I-SELLING BELOw COST

No member of the Industry shall sell or exchange or of

or exchange any of the products of this Industry, at a 

upon terms and conditions, which will result in the purchas

for the goods received, less than the allowable cost there

mentary emergency inentary seller, descibed however, and lessthan on determined any terms Code Code thatwo in needs Article weeks inventories Authority Authority, may in and before V, accordance be Section conditions, as disposed which a suprovided statement must 1, disposal, with of or but inby be as a in Section only uniform converted any determined has writing, employer, if filed 2 such method thereof; setting into with by emplcasat the o
9

facts of, and reasons for, such proposed disposal; and p

further, that any member of the Industry may sell below h

in order to meet competitive prices filed in accordance w

provisions of Article VII of this Supplementary Code, or 

competition from products of equivalent design, character, 

or specifications, manufactured outside the United States, p

that he has first so reported to the Supplementary Code Au

and in such report has cited the competition which caused 

take such action.

ARTICLE VII-PRICE LTSTS

SECTION 1. Each member of the Industry shall within te

days after the effective date of this Supplementary Code file w

Supplementary Code Authority a net price list, or a price 

discount sheet, as the case may be, individually prepared 

and in such form and for such products as the Supplementar

Authority may prescribe showing his current prices, or pri

discounts, and terms of sale and payment, and the Supplem

Code Authority shall immediately send copies thereof to all 

manufacturers of such specified product. Said price list 

any revised price list shall be available to all interested buyer

office of the Confidential Agent.

Revised price lists and/or discount sheets and/or all oth

ditions of sale may be filed from time to time thereafter w

Supplementary Code Authority by any manufacturer of suc

uct, to become effective upon date specified provided that 

fective date shall be within five (5) days after filing and in 

until such revision is received by the Supplementary Code Au

Copies of such revised price lists and/or discount sheets 

all other conditions of sale with notice of the effective date sp

shall be immediately sent to all known manufacturers of suc

uct, and shall be available to all interested buyers at the offic

Confidential Agent and any member of the Industry may fi

so desires, to become effective upon the date when the revise

list and/or discount sheet and/or all other conditions of s

filed shall go into effect, revisions of his price list and/or d

sheets and/or all other conditions of sale establishing pr

prices and discounts not lower or conditions of sale not more f

able to the purchaser than those established in the revise

lists and/or discount sheets and/or all other conditions 

first filed.1

SEcrIoN 2. Each member of the Industry shall furnish the 

mentary Code Authority for distribution with such number o

of his price lists and/or discount sheets as the Supplementar

Authority may prescribe. rectly, ered on net I SECTION See other price by paragraph by provisions conditions lists, any3. No 2 ormeans of price member order of different whatsoever, this approving lists of Article and the from this discount Industry Code. any those VII product at provided sheets. shall a price of sell, or inthe directly his at Indust

discoown 
10

SECTION 4. The Supplementary Code Authority shall ha

to investigate all complaints filed with it by one memb

Industry against another member of the Industry.

ARTICLE VIII-UFAIR TRADE PRACTICES

In addition to the Unfair Trade Practices covered by 

of the Basic Code, except Section A, and for all purpose

Supplementary Code the following described acts shall 

unfair practices. Any member of the Industry who shal

or indirectly through any officer, employee, agent or repr

use or employ any such unfair practices shall be guilty o

tion of this Supplementary Code.

RULE 1. Combination alies.-For the purpose of influ

sale no member of the Industry shall sell or offer to sell co

other than products of this Industry at a price below th

price plus all incidental costs of such products. If and 

products of this Industry are sold in combination with pr

other industries, the invoice must clearly show the unit pri

articles listed.

RULE 2. Definition of Custonmcr.-The Supplementary 

thority shall set up definitions for the various classes of 

within this Industry and after approval by the Administrat

tions, prices, discounts, credit terms, allowances or other 

of sale shall be made on the basis of such definitions and 

therefrom shall constitute unfair methods of competition an

tion of this Supplementary Code.

RULE 3. Secret Rcbates.-No member of the Industry sha

offer or make any payment or allowance of a rebate, refu

mission, credit, unearned discount or excess allowance, w

the form of money or otherwise, nor shall a member of the 

offer or extend to any customer any special service or priv

extended to all customers of the same class for the p

influencing a sale.

RULE 4. The splitting of commissions or other compen

ceived by an employee or agent of the seller with the buyer 

an unfair trade practice.

RULE 5. Members of the Industry shall not contract for t

products for longer than calendar quarterly periods. All 

on contracts shall be made within 15 days after the expira

(or as soon thereafter as seller can manufacture and ship t

No quarterly contract shall be made more than 30 days pr

beginning of the calendar quarter, and shall be at the pric

at the time of making the contract.

RULE 6. No member of the Industry shall make or giv

earlier buyer shipment date product, any RULE form thereof of than 7.y or thereof. against hnvoier.-Stating including the product a date decline of later of the in such any in than Industry, invoice the invoice in invoice the the shall invoices date any any price be product guarantee of an of the shipmenof unfair any such shipped or prodtrade prodpro
11

RULE 8. Export Trade.-(a) No provision of this Code r

to prices or terms of selling, shipping or marketing, shall a

export trade or sales or shipments for export trade. " 

Trade " shall be as defined in the Export Trade Act adopted 

10, 1918.

(b) Selling for export by any member of the Industry any 

of the Industry which is not actually exported, as herein ab

fined in Sub-section (a) of this Section, shall be deemed a v

of this Supplementary Code.

RULE 9. C(omme1rCial Bribcy.-No member of the Industr

give, permit to be given, or directly offer to give, anything o

for the purpose of influencing or rewarding the action of a

ployee, agent or representative of another in relation to the b

of the employer of such employee, the principal of such a

the represented party, without the knowledge of such em

principal or party. This provision shall not be construed 

hibit free and general distribution of articles commonly u

advertising except so far as such articles are actually used f

merical bribery as hereinabove defined.

ARTICLE IX-MONOPOLIES

No provision of this Supplementary Code shall be applied 

permit monopolies or mOnopolistic practices, or to eliminate, 

or discriminate against small enterprises.

ARTICLE X-ODIFICAIONS

SECTION 1. This Supplementary Code and all the provisions 

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

ance with the provisions of subsection (b) of Section 10 of t

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

rule or regulation issued under said Act.

SECTION 2. This Supplementary Code, except as to provis

quired by the Act, may be modified or amended on the b

experience or changes in circumstances, such modifications or 

ments to be based upon application by the Supplementar

Authority or other representative group within the Industry 

Administrator and such notice and hearing as he shall spec

to become effective and be a part of this Supplementary C

approval by the President and/or the Administrator.

AwrYICLE XI-PRICE INCREASES

Whereas the policy of the Act to increase real purchasing 

will services increase creases should possible,e be made except be delayed, limited more such as but difficult to rapidly as actual when mayof as additional made, be consummation wages, required such it increases is increases to recognized if meet prices in should, the individuathat of sellergooso p
12

ARTICLE XII-EFFECTIVE DATE AND DURATION

This Supplementary Code shall become effective at 12: 0

A.M. Eastern Standard Time on the tenth day after it is 

by the President and shall continue in effect until June 16

the earliest date prior thereto on which the President shall, 

lamation, or the Congress shall, by joint resolution declare 

emergency recognized by Section 1 of Title I of the Nat

dustrial Recovery Act, has ended.

Approved Code No. 84-Supplement No. 32.

Registry No. 1129-07.

0
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UNIVERSITY OF FLORIDA

3 1262 08855 7631