IIIII IIIII~~~~~~~~~~~~~~~ ~~u~ 111111111 -====:endm~ent:::==N c.~l =~Reg~istry~N .~1042~1 ::::::=jf02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

FLOOR AND WALL CLAY TILE 

MANUFACTURING INDUSTRY 

AS APPROVED ON APRIL 28, 1934 

WE DO OUR PART 

I - - - l 

i,. u- ~---

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent oC 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 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 Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind.: Chamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore A venue. 

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.: Z15 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, Calif. : 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 92-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FLOOR AND WALL CLAY TILE MANUFACTURING 

INDUSTRY 

As Approved on April 28, 1934 

ORDER 

APPROVING AMENDMENTS TO CoDE OF FAIR CoMPETITION FOR THE 

FLOOR AND wALL CLAy TILE :MANUFACTURING 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 amendments 

to a Code of Fair Competition for the Floor and Wall Clay Tile 

Manufacturing I ndustry, and hearings having been duly held 

thereon and the annexed report on said amendments 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 , HughS. 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 an- nexed report and do find that said amendments and the Code as 

constituted after being amended comply 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 amendments 

be and they are hereby approved, and that the previous approval of 

said Code is hereby modified to include an approval of said Code 

in its entirety as amended. 

HuGH S. JoHNSON, 

Ad1ninistrator for l ndust1·ial R ecovenJ. 

Approval recommended : 

A . R. GLANCY' 

Division Ad1ninistrator. 

WASHIN GTON, D.C., 

April 28, 193./y. 

65762°----482-174----34 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

SIR: This is a report on amendments to the Code of Fair Competition for the Floor and Wall Clay Tile Manufacturing Industry, 

a hearing on which amendments was conducted in Washington on 

the ninth of March, 1934, in accordance with the provisions of the 

National Industrial Recovery Act. 

Amendment No. 1.-The definition of the industry in the Code 

was so worded as to include the manufacture, and sale by the manufacturer, of china bathroom accessories. This amendment broadens 

the definition to include certain business entitieq who, while they 

do not actually m.anufacture, have long been regarded as members of the industry because of the ownership of certain dies and 

patents. It provides for a China Accessories Division and clarifies 

the status of the manufacturing and non-manufacturing members. 

A1nendrnent No. 2.-This amendment makes possible the protection of the contractor against changes in price between the time 

that he places his bid and the time that he receives his contract. It 

is designed to co-ordinate this Code, to that extent, with the Code 

for the Construction Industry. 

Amend1nent No. 4.-The original provisions of the Code governing the qualifications for Merchant Tile Contractors were found to 

be unfair to many contractors who were under the expense of maintaining show rooms, but who could not be given discounts because 

of the requirements as to past purchases. This amendment is 

designed to liberalize these provisions and will remove the cause 

of most of the complaints which have been received from tile 

contractors. 

Amendment No. 5.-This amendment makes a re-adjustment of 

a refund period, for the convenience of the industry, and does not 

alter the Code in any material respect. 

Amendment No. 6.-This amendment clarifies the procedure to 

be followed in amending the Code, upon recommendation of the Code 

Authority, and makes this conform to established policy in this 

matter. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said amendments to said Code having found as herein set forth and 

on the basis of all the proceedings in this matter; 

I find that: 

(a) The amendments 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 

(2) 
3 

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 lal3or 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 

restrictions 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 Subsection (a) of Section 3, Subsection (a) of Section 7 and 

Subsection (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the aforesaid amendments on behalf of the industry as a whole. 

(d) The amendments and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

(e) The amendments 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. 

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

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

said amendments. 

For these reasons, therefore, I have approved these amendments. 

Respectfully, 

APRIL 28, 1934. 

HUGH s. JOHNSON' 

Administrator. 
I 

J\.MENDMENT TO CODE OF FAIR COMPETITION FOR 

THE FLOOR AND WALL CLAY TILE MANUFACTURING _INDUSTRY 

AMENDMENT No. 1 

The above named Code is amended by adding thereto the following 

provisions, as a new schedule "B ": 

CHIN A ACCESSORIES DIVISION 

SECTION 1. (a) The China Accessories Division of the Industry 

shall include any business entity engaged (1) in the production and 

sale by the manufacturer of recessed china accessories and related 

articles in various colors, styles and combinations; and/or (2) in 

primary sales of such products to wholesalers, merchant tile contractors, or contractors. Section 1 of Article II of the Code, entitled 

"Definitions" is amended to include the China Accessories Division 

as hereinabove defined. 

(b) In any governing agency for the China Accessories Division, 

which may be designated by the Code Authorityfursuant to Article 

VI, Section B, 2 of the Code, those members o this division who 

are engaged in primary sales to wholesalers, merchant tile contractors, or contractors, but not in the production and sale by the 

manufacturer, of recessed china accessories and related articles, may 

vote only on matters pertaining to sales and administration. 

(c) The term "china accessories" as used herein, includes products of the recessed or built-in type made principally from clay, 

feld par, and flint, and includes but is not limited to, soap dishes, 

grab rails, tumbler-holders, shelf brackets, toothbrush holders, 

sponge holders, paper holders, towel bars, door stops, hooks, and 

related articles. 

SECTION 2. No member of the China Accessories Division shall 

make, allow or sell products of the Industry at a price or discount 

conditioned on the basis of combined sales or shipments of china accessories, and any other products or merchandise. 

AMENDMENT N 0. 2 

Article VIII of the above named Code is amended by adding 

thereto the follmving provision as Section 19: "All prices for tile 

and tile products shall be quoted subject to change without notice, 

unless specific quotations for specific jobs are made in writing, in 

which event they shall be valid for not more than fifty-two days 

after elate of quotation, within which period a definite order may be 

placed for the material for the specific job, at the price in effect at 

the time of the written quotation." 

(4) 
5 

AMEND1\-IENT No. 4-

Article XII of the above named Code is amended by striking therefrom Paragraph ( 4) of Section B and substituting therefor the following: "Who, if located in a trading area having a population of 

5,000,000 or less, shall have purchased during the prior six month 

period $1,000 worth of products of the Industry or shall have 

purchased during the prior three year period $6,000 worth of the 

products of the Industry; but if located in a trading area having a 

population of more than 5,000,000, shall have purchased during the 

prior six month period $2,000 worth of the products of the Industry 

or shall have purchased during the prior three year period $12,000 

worth of the products of the Industry. 

Purchases as mentioned shall be construed to mean the total net 

amount of Industry products billed during the respective periods and 

is not intended to mean the value or a·mount of orders placed. Trading areas shall be established by the Code Authority subject to 

review by the Administrator. The latest Federal census shall be 

used to calculate population. Calculation for prior periods shall be 

made on the basis of the semiannual periods ending June 30 and 

December 31." 

AMENDMENT N 0. 5 . 

Article X, Section D, Paragraph ( 4) is amended by adding thereto 

the following: "Provided, that the first refund period shall begin 

on November 13, 1933, and terminate on June 30, 1934, and that 

the period from November 13 to December 31, 1933', shall be included and calculated with the year 1934." 

AMENDMENT N 0. 6 

Article VI, Section B is amended by adding thereto the following 

provision as a new sub-section (10): "The Code Authority may 

make recommendations, based on conditions and circumstances as 

they may exist from time to time in the Industry, for modifications 

of or additions to this Code. Such recommendations upon approval 

by the Administrator after such Notice and Hearing as he may designate, shall constitute a part of and have the same force and effect 

as the provisions of this Code." 

Approved Code No. 92--Amendment No. 1. 

Registry No. 104.2-1-02. 

0