Approved Code No. 84-Supplement No. 53 Registry No. 1125-03

NATIONAL RECOVERY ADMINISTRATION

SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE

LIQUID FUEL APPLIANCE

MANUFACTURING INDUSTRY

(A Division of the Fabricated Metal Products

Manufacturing and Metal Finishing

and Metal Coating Industry)

AS APPROVED ON SEPTEMBER 24, 1934

MEMeEl?

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 84-Supplement No. 53

SUPPLEMENTARY CODE OF FAIR COMPETITION

FOR THE

LIQUID FUEL APPLIANCE MANUFACTURING

INDUSTRY

As Approved on September 24, 1934

ORDER

APPROvING SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE

LIQUID FUEL APPLIANCE MANUFACTURING INDUSTRY

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND

METAL FINISHING AND METAL COATING INDUSTRY

An application having been duly made purstiant to and in full

compliance with the provisions of Title I of the National Industrial

Recovery Act., approved June 16, 1933, and in accordance with the

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

Fabricated Metal Products Manufacturing and Metal Finishing and

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

of a Supplementary Code of Fair Comnpetition for the Liquid Fuel

Appliance Manufacturing Industry, and hearing having been duly

held thereon; and the annexed report on said Supplementary 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. G543-A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Supplementary 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 Supplementary Code of Fair Competition be and it is

hereby approved; provided, however, that the provisions of Article

V. Rule A, insofar as they prescribe a waiting period between the

filing with the Supplementary Code Authority (or such agency

as may be designated in the Supplementary Code) and the effective

date of price lists, as originally filed and/or revised price lists or

revised terms and conditions of sale, be and they hereby are stayed

pending my further Order.

HUGH S. JohNSON,

Administrator for Industriall Recovery.

Approval recommended:

BARTON W. MURRAY,

Division Admninistrator.

WASHINGTON. D.C.,

September 24, 1934.

87412*-1181--92-34 (1)
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

SiR: This is a report on the Supplementary Code of Fair

Competition for the Liquid Fuel Appliance Manufacturing Industry,

a division of the Fabricated Metal Products Manufacturing and

Metal Finishing and Metal Coating Industry, the hearing having

been conducted thereon in Washington, D.C., March 9, 1934, in

accordance with the provisions of Title I of the National Industrial

Recovery Act.

GENERAL STATEMENT

The Liquid Fuel Appliance Manufacturing Industry, being truly

representative of this division of the Fabricated Metal Products

Manufacturing and Metal Finizhing and Metal Coating Industry, has elected to avail itself of the option of submitting a Supplementary Code of Fair Competition, as provided for in Section 1 of

Article VI of the Basic Code, for the Fabricated Metal Products

Manufacturing and Metal Finishing and Metal Coating Industry

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

RESUME IOF THE CODE

Article I states the purpose of the Supplementary Code.

Article II accm'ateily defines specific terms employed in the Supplementary Code.

Article III. This Industry is a division of the Fabricated Metal

Products Manufacturing and Metal Finishing and Metal Coating

Industry anl the labor provisions of its Basic Code, as approved

November :2, 1933, are the labor provisions of this Supplementary

Code.

Article IV establishes a Supplementary Code Auithority consisting of ten (10) members to be elected by the members of the Ind(hstrv at a ieeting called by the Temporary Supplementary Code

Authority, and gives the Adfninlistrator the authority to appoint one

additional member without vote and provides machinery for obtainin(g statistics aid the administration of the Su4pplemientary Code.

Article V sets forth the mufair trade practices of this Supplementary Code which has bwen especially designed to offset unfair

competition in this division of the Industry.

Article VI sets forth that o provision relating to prices or terms

of selling shall apply to direct export sales.

Article VII contains the mandatory provisions contained in Section 10 (b) of the Act an(d also provides for the submission of

proposed amendments to the Supplementary Code.

(2)
3

Article VIII provides for withdrawal of either class from the

jurisdiction of the Basic Code Authority and/or this Supplementary

Code Authority provided that such withdrawal shall not become

effective until such time as the particular class or classes shall be

subject to the provisions of another approved Code or Codes.

Article IX provides against monopolies and monop olistic practices.

Article X recognizes that price increases be limited to actual additional increases in the seller's costs.

Article XI states the effective date and duration of this Supplementary Code.

FIN DINGS

The Assistant Deputy Administrator in his final report to me

on said Supplementary Code having found as herein set forth and

on the basis of all the proceedings in this matter:

I find that:

(a) Said Supplementary Code is well designed to promote the

policies and purposes of Title I of the National Indistrial Recovery

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

and foreigni connerce which tend to diilinish the amount thereof

and will provide for the general welfare by pronoting the organization of industry for the pluirposes of cooperative action among the

trade groups, by inducing and maintaining united action of labor

and manag-eient under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting

the fullest possible utilization of the present productive capacity of

industries, by avoiding undue restriction of production (except as

may be temporarily required). by increaing the comistimption of

industrial and agricultural products through increasing purchasing

power, by redticin(g and relieving unemployment, by improvNgH

standards of labor. and by otherwise rehabilitating industry.

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

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

(c) The Supplementary Code as approved 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 ; and that the

applicant council is an industrial council truly representative of the

aforesaid Industry: and that said council imposes no inequitable

restrictions on admission to membership therein.

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

permit monopolies or monopolistic practices.

(e) The Supplementary Code is 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

Supplementary Code.

For these reasons, therefore, I have approved this Supplementary

Code; provided, however, that the provisions of Rule ".A" of Article

V insofar as they prescribe a waiting period between the filing with

the Supplementary Code Authority (or such agency as may be
4

designated in the Supplementary Code) and the effective date of

price lists, as originally filed and/or revised price lists or revised

terms and conditions of sale, be and they are stayed pending my

further Order.

Respectfully,

HUGH S. JOHNSON,

Administrator.

SEPTEMBER 21, 1934.
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR

THE LIQUID FUEL APPLIANCE MANUFACTURING

INDUSTRY

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND

METAL FINISHING AND METAL COATING INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policy of Title I of the National Industrial

Recovery Act, the following provisions are established as a Stipplementary Code of Fair Competition for the Liquid Fuel Appliance

Manufacturing Industry, pursuant to Article VI of the Basic Code

of Fair Competition for the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry approved

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

1933, and the provisions of this Supplementary Code shall be the

standards of fair competition for such Industry, and shall be binding

upon every member thereof.

ARTICLE II-DEFINITIONS

The term " Industry " as used herein shall include the manufacture and sale of appliances which burn liquid fuel which are

classed and defined as follows:

Class 1.-Class 1 shall include kerosene stoves and ranges, mantle

lamps and lanterns, cabinets or high shelves, heaters, and wicks and

incandescent mantles for same; and gasoline stoves and ranges, mantle lamps and lanterns, cabinets or high shelves, heaters, portable ovens, hot water heaters, incandescent mantles, including parts

and accessories for above and/or similar devicess for consuming kerosene, gasoline, or semnirefined oils.

Cla. lass 2 shall include Distillate Oil Burners which shall

be burners designed primarily for use in connection with cooking

ranges, space heaters, and domestic water heaters of similar uses

as follows:

(a) Conversion burners consisting of distillate burners designed

to be installed in cooking and heating units.

(b) Cooking or heating devices manufactured expressly for use

with oil burners, the burners becoming an integral part of the unit

at the point of manufacture.

The teri " Division " as used herein is defined to mean the Liquid

Fuel Appliance Manufacturing Industry Division of the Fabricated

Metal Products Manufacturing and Metal Finishing and Metal

Coating Industry.

The term " member of the Industry ", as used herein, includes, but

without limitation, any individual partnership, association, corpora-

(5)
6

tion or other form of enterprise engaged in the Industry either as

an employer or on his or its own behalf.

The terms -President", "Act", and "Administrator ", as used

herein, shall ian, e11 respectively, the President of the United States,

Title I of the National Industrial Recovery Act, and the Administrator for Industrial Recovery under Title I of said Act.

The term " Basic Code ", as used herein, is defined to mean the

Basic Code of Fair Competition for the Fabricated Metal Products

Manufacturing and Metal Finishing and Metal Coating Industry,

as approved by the President on the second day of November 1933.

The terin " Basic Code Authority ", as used herein, is defined to

mean the Executive Committee of the Fabricated Metal Products

Federation.

The term "Association" as used herein is defined to mean the

Distillate Burner MNumfacturers Association.

The term " Council ", as used herein, is defined to mean the Liquid

Fuel Appliance Council or its successor.

The term " Supplementary Code Authority " as used herein, means

the agency which is to administer this Supplementary Code as hereinafter provided.

The term " Code Committee " as used herein is defined to mean the

committee authorized by the " Council " and "Association " to present this Supplementary Code.

The term " Duly Authorized Agent " or "Agent " of the Supplementary Code Authority, as used herein is defined to mean such

person as the Supplementary Code Authority shall designate. Said

Agent, in order to qualify as such, shall be entirely free from any

interest in or connection with any company engaged in the manufacture or sale of the products of the Industry.

The term " Federation ", as used herein, is defined to mean the

Fabricated Metal Products Federation or its successor.

A ARTICLE Ill-E PLOYMENT PRovIsIoNs

This Industry is a division of the Fabricated Metal Products

Manufacturing and Metal Finishing and Metal Coating Industry, and without limitation the wage, hour, anl labor provisions in

Article III of its Basic Code as approved by the President November 2, 1933, or as subsequently amended, including Section 1 of said

Article III by which the provisions of Subsections (1), (2) and (3)

of Section 7 (a) of Title I of the Act are made conditions of this

Code, are specifically incorporated herein and made a part hei eof as

the wage. hour. and labor provisions of this Supplementary Code.

ArnmLE 1Y-Oa IzcANIZATIoN ANT) ADMINISTRATION

&cctbion .--A Supplementary (oe Authority is hereby constituted consisting of ten (10) members, seven (7) of which shall be

selected by the mnembers of the Industry engaged in the manufacture

of prod iwts set forthB in Class 1 of the Industry, and three (3) of

which shall be siected by the members of the Industry engaged in the

manufacture of products set forth in Class 2 of the Industry.

Pending the selection of the Supplementary Code Authority the

Code Committee shall constitute a temporary Supplementary Code
7

Authority to serve untit a permanent Suppleme( ry 'ode Auithority

shiall hve been elected

Within the sixty ((() day period following thel rtive date of

ill.i Supplellenirv C(':Ye ille ( 'ode 'ollinlittee shall ,al a meeting

II the 11llnb8r of the 1i11Lm1stiV for the purp)' ,1 (A Icrti(im tile memo1)1'ns Of Ithe SC )) den y : (ole A (tl e. VY, TIle I eInhIrs of tie

Supplemenmt'ary ( Xle CmAuthority fi t eleuJe I soul ,SUrve iutit tile

1ow1(JY-il1I, 8milial 1I1ceiH&i o" the wlIimber ui th<a i1 listry and ther 

after 1inembei>S of the r CoIVlei ( oil v sluill lx elected

at (:lci aillilal olt!1 ol tile lmillh)ers of t he IiI(lStv to serve Iniil

Ihe folhmwin annual meeting. Fifteen (15) days ad vance notice

Of a1 lliiet iIg.S to he ild heretlnder sh m1l 1)h sumnt to all neinbrs

If th8 Iidustry wh( u- !lmue.US may be aiT1tti e r fter diligent searelb,

who may vote Oither ill peron or 1by T proxy oP 1 letter ballot.

The nwmelbers of tbe Sitppleimie-ntary Code Authority shall be

(lected in the follmwink manner

(a) Seven (7) ienmbers who shall be melmb;rs of the Industry

un-aged in the manufacture of products set forti in Class I of th

Industry shall be elected as follows:

1. Five (5) nN.nimlers wlo are iemibers of Class 1 of the Iindustry

and mcIlembers of the Couilcil shall he elected by a mm majority vote of

imieibers of Class 1 of tile I11(htry who are members of the Council;

each member to have one vote.

2. TwN-*) members who shall be inembers of Class 1 of the Industry

anld non-ni-mbuirs of the Council b a m vjoit Voteof all members

of Class 1 of the Industry who are non-nmb of the Council;

each n;eminber to have one vote.

(b) Three (13) Inemilbers who slal be mumher of the Industry

kngaged in the manitifacture of products set forth in Class 2 of

the Id1lustry shall 1be ele(te( as follows

1. Two inembers who ,oe members of Clas - 2 of the industry

,nc members of the Associtio shall be elected by a majority vote

of members of Class 2 of the Industry who are members of the

As uociation; each member to have one vote.

2. One member who shall be a member of Class 2 of the Industry

-,nd a non-member of the Association by a majority vote of all nenI)ers of Class 2 of the InduAry who are non-mibemburs of the Association: each memibr to have one vote.

(c) A vacancy in the mIembershil) of the Supplenmenmtary Code

Authority shall he filled Iby a majority vote of the remani1g members of the Soppleimmntary Code Authority ; provided, however, that

the tembuhe Supplementary Code Autmhoiity who is clhosen to

fill such vacancy shall be elected from the division of the Industry

and the Class of imumibership in which the vue vn has occurred.

(d) In the event ally Class. or Associat ion (imoup, or Nol-Association Group fail to elect their allotteI rere-eltatives oil the Supplemientary Code Authority, as hereinjbove provided, the Supple- menltairy (ide Authoritv as at thmid tinme constituted. shall select a

list, of 1p1rso80st1 totalin- ,im iniumer of vacaicies to be filled, plus three

(3) additional person- qualifi-d ns to the particular classification of

mmeumbershlip to le filled, and submit a list of their names to the

Adhministrator wio shall appoint from such list the necessary mem57412 -- 1181- --- 8-4--2
8

bers of the Silppleomntarv Code Authoiritv, which members so appointed by the Adlniir4 ator shall have all the powers and duties

of such membership as though.1 elected by the members of the

Industry.

No memli o tile Iiidtuistv shall iiave 1)re tha"I 0I representative on the SupplmentrY CGd Authority.

(e ) III addititnI thereto the hiluinstrator may appoint a member

of the SlIpplemiclitry C(;(! Au iltihority who ) hdl lIwSQrvQ withmit vote

aint without expense 0) the In1dtmst ry. The representative who mnay

be appointed I by the Aidnmiistrator shall receive notIce of ain imay

>1 at all 1) ohe Snpp lciay (ae Authority.

&2Wof Th c Tra I soiat re(l v r i I reet pv tiiipatimni in the :-leeti'm o tiitis of the Smplemllentai, Code

AYuhoity small (1) LilpoA' Do inOQ($itable nw-4i ionH- Oil cdhissioi

ELIcla )ihi) an (2) tii he i; nistro or ite copois o

hwir Article, of A-so(iltim. ly-i.s 1atime d aumlill ts- lhen li~aie the:V o, wnV'thei witI b 1u1 cibe~ iIIFIrmaViLOn ds P)

deem ne ryto (41lul'e fm ( 64, pur~p)l 4;1 tho Act.

Scv(io .. In order dht the Sipplmnc ry Coe( Authwoity SlInlI

at all times be Lruly rVeir eItiVe 0f the llnd usy, and in other

e eCCt c1)ly wItI h the provisions 0 tihe Act, die Adinltilidtrator

may prescibP such hingcos e> he m1y ' Imrper; and thereafter

if lIe shall fin th:1t the >pplim2trv Code Aallurity, oI its Agent,

is 1ot truly reoreSentative O110 c oL iII otlier :dsees comply with

thj plid inS o t"l'e Act, Imay reoplre al appropriate mwoification

(dt Sd p odetar e (Asi AudlloriyL.

/ T bi (011ni found I I1y14 w In 1 to i rprt the fmili mstratitn of this Supplementary C e and to mainta in the -,andaIrds of fair com nlpqtiti10 n1 estbll)Ish d herenlldel aiid to effectuate the

policy of the Act, the Sl.uppl'm1tr V Ic A ithority is nuth1orized:

(-,;) T) inlcur such reasonIalde ob 1 igatious arle necessary and

proper f( the fore-oillz puripo-)O.- aid to mmet such obligatiOis out

04 fm1111( whici niav b raised a> hsreimafter provided and which

shall be held iI trust -or ! I D pur)0e of the Supplemieutary Code;

(b) To submit to the uninlstraw for his approval, subject to

,1ich )otici, aid ()pot tll]iy N '() be ae.d A e h1 aV deeii necessary

(1) all itemized biudiet o its est iated expenses for the foreiollg

purposs and (2) an qiuitable Jaiis upon which the funds necessary to s11porki1Ot >ihi hm'dget shall be contriJlbutcd by members of the

IldindsrVy

(C) After uch budget im)( bis Of ColtibuItionl hIave Neen3 upproved bv tl Ahministrator, to det-iiine and obtain equitable

(cOntribtin as above set forth by all members of the Industry, and

to that eQl i. if iiecessary, to institute 1egal proceedi ngs therefor in

its own linname.

Each imember of the Industry sll pay his or its equitable contribution to the expewh2s of the maintenance of the Supplemenitary

Code Authority, determined as hereinabove provided, and subject to

rules and regulations pertaining thereto is-ied by the Adninistrator.

Only mIeimbers of the Indstry coM plying with the Supplenientary

Code and co)trIb;uIting2 to the eXpenses of its adniinistration as hereinabove provided, unless duly exempted from making such contri-
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end thI t su(:h fair trade practices may be proposed to the Administriator as amelldmntl to this Supplementary Code and such other

codes.

A' ectio, b.--Eiich miniber- (if the Industry shall keep accurate and

complete records of its transactions in the Industry whenever such

records may be required under any of the provisions of this Supplenientary Code, amnI shall furnish i accurate reports based upon such

Ior'ds concerning)" aNy of suh activities when required by the Supplementary Code Authority or the Administrator. If the Supplementary Code A Uthority (01 the Administrator shall determnine that

substantial doubt exists aS to the accuracy of any sueh reports, so

much of the pertinent books, records and papers of such member as

may be requiired for the verification of such report may be examined

by an impartial agency, agreed upon between the Supplementary Code Authority and such member, or, in the absence of agreement, appointed by tile A dministrator. In no case shall the facts disclosed

by such examination be made available in identifiable form to any

c( ompetitor, F whether on the Supplementary Code Authority or otherwise, or be given any other publication, except such as may be required for the proper administration or enforcement of the provisions

of this Code.

,'ctWhi 7.-Every employer shall provide for the safety and health

of employees during the hours and at the places of their employment.

Standards for safety and health shall be submitted by the Supplementary Code Authority to the Administrator within three months

after tle effective date of this Supplementary Code.

&S(Oion 8.-All individual and private information received by

the Agent of the Supplementary Code Authority from reports, or as

a result of investigation, shall be held in strict confidence and not

disclosed to any competitor or other persons outside the Agent's

office, without the permission of the members of the Industry involved, except as provided in Section 5 (c) of this Article. Providedi however, that such information may be disclosed to any

authorized govermnmenital agency.

Iec(ion 9.-Nothing contained in this Supplementary Cole shall

constitute the members of the Supplementary Code Authority partners for any pmlipose, either as among themselves, or in connection

with the agent of the Supplementary Code Authority. No member

of the Supplementary Code Authority shall be liable in any manner

to anyone f( ir any act of any other member. officer, ageut, or employee

of the Supplementary Code Authority, nor shall the Agent of the

Supplemental y Code Authority be liable i any manner to anyone

for any act ()f a ny member, of the Supplenientary Code or any other

Olicer. agent, ;r employee thereof. No member of the Supplementary

Code Authority. nor the Agent of the Supplementary Code Authiority. Oxelisinlg 1iea Mnab)e d ifigence in the conduct of their duties

lhreunder, s;l , liable to myoe for any action or omi-sion to

oct umler Su plemoet r; Chisode except for his own willful

11 Iml feasance OF (in- feasam cc.

A ((/.on 1.-If the Adm1iO hist r ator shall determine that any action

if tlie Slippleitmintary Code Aluthrity or aly agency thereof may be

mmn fair ir ji iit or comt rary to thie public interest, the Administrator

may rivqirc that such action be suspended to afford an opportunity
11

for investigation of the merits of such action and further consideration by such Suppleientary Code Authority or agency pending final

action which shall not be effective unless the Adminitrator :pproves

or unless he shall fail to disapprove after thirty (30) days' notice

to him of intention to proceed with such action in its original or

Modified form.

ARTICLE V-RULES OF FAIR COMPETiTiloN IN MANUFACTURING AND

NIARKETING

(Superseding all Trade, Practices set forth in Article V of the Basic

Code)

Any member of the Industry who shall directly or indirectly

through any officer. employee, agent, or representative, fail to comply

with anv of the following rules of Fair Competition in Manufacturing and Marketing shall be deemed to have violated this Supplementary Code.

RuL' A.-No products of the Industry, in whole or in part, shall

be sold or exchanged or offered for sale or exchange at prices less

than the seller's cost of such products; such cost to be based on a

formula which shall be at least as detailed and complete as the principles of the formula to be prepared by the Supplementary Code

Authority, and approved by the Administrator. Provided, however, that if any member of the Industry desires to sell below his

cost in order to meet competitive prices on articles of similar style,

grade and/or specification filed in accordance, with the provisions

of this Section he shall first report to the agent of the Suppleientary Code Authority and in such report cite the competition

that would cause him to take such action. This revi ed price and/or

condition of sale shall become effective inmediately upon receipt

thereof by said agent. Immediately upon receipt thereof, said agent

shall, by telegraph or by some other equally prompt mean's, notify

said member of the time of such receipt and provided further that

the sale of obsolete products may be made by any member of the

Industry upon notice of intention to do so, in writing, to the Supplementary Code Authority setting forth the facts and the reasons

for such proposed disposal. If any member of the industry shall

within ix (6) months after any such dispo-al, manufacture any

product which he has classified as an obsolete product, the emereny sale of such product below cost shall be deemed prima facie to have

been in violation of this Supplementary Code.

When the Supplementary Code Authority determines that an emergency exists in this Industry and that the cause thereof is destructive price-cJutting such as to render ineffective or seriously endanger the maintenance of the provisions of this Supplementary

Code, the Supplementary Code Authority may cause to be determind the lowest reasonable cost of any or all of the products of

this Industry, such determination to be subject to such notice and

hearing as the Administrator ma require. The Adninistrator may

approve, disapprove, or modify the determination. Thereafter, during the period of the emergency, it shall be an unfair trade practice for any member of the Industry to sell or offer to sell any prod-
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ucts of the Industry for which the lowest reasonable cost has been

determined at such prices or upon such terms or conditions of sale

that the buyer will pay less therefor than the lowest reasonable cost

of such products.

When it appears that conditions have changed, the Supplementary

Code Authority, upon its own initiative or upon the request of any

interested partv, shall cause the determination to be reviewed.

All members of the Industry shall, within ten (10) days after the

effective date of this Supplementary Code, publish for the benefit of

all interested parties and file with the Agent of the Supplementary

Code Authority copies of their current price lists or price lists and

discount sheets setting forth the prices and other terms and conditions of sale, at which they will sell the products of the Industry to

the various classes of trade for resale.

Revised price lists and/or discount sheets and/or all other conditiOns of sale miiav be filed from time to time thereafter with the Agent

of the Supplementary Code Authority as above provided by any

member of the Industry, to become effective ten (10) days after

actual receipt by the Agent of the Supplementary Code Authority.

Copies of such revised lists and/or discount sheets and/or all other

conditions of sale, with notice of the effective date thereof, shall be

immediately sent to all members of the Industry, and shall be available to all interested parties; and any member of the Industry may

file, if he so desires, revisions of his price list and/or discount sheets

and/or cOnditions of sale, which shall become effective at the date

when the revised list first filed becomes effective.

When filing price lists or price lists and/or discount sheets as set

forth in this Section A, a sufficient number thereof shall be furnished to the Agent of the Supplementary Code Authority to enable

him to supply a copy to each member of the Industry, and in addition thereto, six (6) copies for the use of the Agent of the Supplementary Code Authority. All price lists, discount sheets, etc. shall

at all times be available to all interested parties, except as qualified

by the two following paragraphs.

Prices shall not be quoted on products of new design or those in

which fundamental changes have been made until a description of

such new products or such changed products, together with the price

at which such new or changed products will be sold, have been filed

with the Agent of the Supplementary Code Authority.

Said Agent shall not notify other members of the Industry of the

proposed sale of such new or changed products for a period of thirty (30) days after prices on such view or changed products have been

filed with him.'

Rle B.-No member of the Industry shall secretly offer or make

any payment or allowance of a rebate, refund, commission credit,

unearned discount or excess allowance, whether in the form of money

or otherwise, nor shall a member of the Industry secretly offer or

extend to any customer any special service or privilege not extended

to all customers of the same class, for the purpose of influencing a

sale, nor shall he withhold from or insert in any quotation or invoice

any statement that makes it inaccurate in any material particular.

'See paragraph 2 of order approving this Code.
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Rule C.-No member of the Industry shall defame or disparage a,

competitor, directly or indirectly, by words or acts which untruthfully impugn his business integrity, his ability to keep his contracts, his credit standing, or the quality of his products.

Rle D.-No member of the Industry shall imitate or simulate the

trade mark, trade name, package, wrapper, or label of a competitor's

product to such a degree as to deceive or have a tendency to deceive

customers.

Rule E.-No member of the Industry shall give, permit to be

given, or directly oier to give, anything of value for the purpose of

influencing or rewarding the action of any employee, agent, or representative of another in relation to the business of the employer of

such employee, the principal of such agent or the represented 1)a' rty, with or without the knowledge of siich employer, principal, or party,

provided, however, that nothing in this Section contained shall be so

construed as to prohibit free and general distribution of articles

commonly used for advertising except so far as such articles are

actually used for coinimercial bribery as hereinabove defined.

Rule F.-No member of the industry shall falsely mark or brand

any product of the Industry which has the tendency to mislead or

deceive customers or prospective customers, whether as to the grade, quality, quantity, size, sulbstance, character, nature, origin, finish, or

preparation of any product of the Industry, or otherwise.

Rle G.-No lveiber of the Industry 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 its use, trade mark, grade, quality, quantity, origin, size,

substance, character, nature, finish, material, content or prepairation) or credit terms, values, policIes, services, or the nature or

forum of the business conducted.

RuIe .- No imvmber of the Indu>.Lry shall wilfully induce or attempt to induce the breach of existing contracts between competitors

and their customers by any false or deceptive means, or interfere

with or obstruct the performance of any suchl contractual duties or

services by any iiih means, with the purpose ad effect of hampering, injuring or em oarassing competitors in their business.

Rule I.-No member of the Industry shall ship goodk oI conlsicvnment.

Rule J.-No member of the Industry shall sell, or offer to sell,

any of the products of the Industry for resale with the privilege of

return, except for defects.

Kale K.-In ordcr to prevent discrimin ation and other unfair

trade practice., a definite ehs<ideation of trade shall he created as

soon as practicablle after the effeclive date of this Supplemeltary

Code by the Supplementary Code Authority with the approval of

the Administrator.

Ride L.-No member of the Industry shall grant to any purchaser

more favorable terms than two (2) pjxrcent for cash in ten (10)

days, net thirty (30) days from date of invoice and (late of invoice

shall not be subsequent to date of shipment, with the following

exceptions:
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1. In cases where members of the Industry render numerous invoices to a customer during any month, those invoices dated from

the 1st to the 15th of the month, inclusive, may be discounted on the

25th of the same month, and those invoices dated from the 16th to

the end of a month, inclusive, may be discounted on the 10th of the

next following month.

2. Sales to the retail trade may be accorded a net payment period

of sixty (60) days.

3. Invoices covering shipments of cooking stoves and ranges, as

covered by this Supplementary Code, made during the months of

September to March, inclusive, may carry a five (5) months' dating

from date of shipment, but in no case may such deferred dating

be extended beyond March 31st.

4. Invoices covering shipments of lighting and heating devices,

as covered by this Supplementary Code, made during the months

of May, June, July, August and September, may be dated September 30th.

If sellers desire to permit anticipated cash discount payments on

deferred dated invoices, as referred to in Clauses 3 and 4 above,

they may do so at a rate not exceeding one-half (12) of one (1)

per cent per month.

Ride ].-No member of the Industry shall give any guarantee

against decline in price, except as against the seller's own decline

up to date of shipment.

Rule N.-No member of the Industry shall give free goods, except

as samples, or grant any advertising, catalog, sales promotion, or

demonstration allowances in connection with the sale of liquid fuel

appliances, not extended to all purchasers under like conditions and

dily published. Provided, however that the restriction of this

Section shall not apply to the furnishing of electrotypes of stock

catalog pages or other advertising matter.

Rule O.-No member of the Industry shall sell or offer for sale

any distillate burner of sleeve type that does not meet the following

specifications; provided, however, that where a manufacturer of such

equipment desires to manufacture a burner of this type, with other

materials than those specified, or desires to use a different combination of parts than those specified, such manufacturer shall first apply

to the Code Authority for permission to do so and he shall at the

same time submit proof that the substitutions requested will offer

to the consumer protection and service equivalent to that offered

by a burner constructed as herein provided. The Code Authority

will pass upon this petition. If denied, the applicant may apply to

the Administrator for permission and the decision of the Administrator shall be final.

(a) The burner top ring top caps and sleeves shall have a thickness of not less than .026" and shall be made of an iron-chromium

alloy with a chromium content of not less than IC-18 percent and a

nickel content of not more than 1 percent, or alloys of equivalent

heat resistance. Any alloy proposed for substitution for the one

here specified shall have equivalent resistance to change of shape at

high temperature and to reaction with oxygen and sulphur.

(b) The burner sleeves shall have a height of 43/." or more.
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(c) Other construction and material specifications must comply

with the Underwriters' Laboratories' requirements as specified in

their Code of April 1932 and amendments to June 1, 1933.

(d) Distillate conversion burners (class 2) must include all of

the following component parts:

Oil container and stand, hand control metering valve or valves,

minimum of six feet of copper tubing with single burners, and seven

feet with multiple burners; suitable fittings; bases and supports, approved wicking; sleeves; top rings; caps and the necessary bolts

and screws for proper installation.

(e) Quality of material, workmanship and packing must comply

with the Underwriters' Laboratories' requirements as specified in

their Code of April 1932 and amendments to June 1, 1933.

Rule P.-No product under Class 2 of this Industry shall be sold

by the manufacturer under a guarantee more favorable than the

following:

The manufacturer guarantees all parts of the equipment shipped

under this guarantee for one year (and no longer) from date of

installation thereof against defective material or workmanship (but

not against damage caused by accident, abuse, or faulty installation)

when the equipment is installed in accordance with the manufacturer's specifications.

ARTICLE VI-EXPORT TRADE

No provision of this Supplementary Code relating to prices or

terms of selling, shipping or marketing shall apply to direct export

sales or to sales of any product destined ultimately for export or to

sales of parts used in the manufacture of products for export. The

term " export " shall include shipments to all points outside of the

continental United States, provided, however, that no shipments to

any territory or possession of the United States shall be considered

an export when any member of the Industry is engaged in the Industry in such territory or possession.

ARTICLE Ii--MODIFICATIONS

1. As provided in subsection (hi) of Section 10 of the Act, the

President may from time to time cancel or modify any order, approval, license, rule, or regulation isilled under Title I of said Act.

2. This Supplementary Code, except as to provisions required by

the Act, imay be modified( Id/or amended on the basis of experience

or changes in ciriicuistances, such modifications and/or amendments

to be based upoi q)plication by the Agent of the Supplementary

Code Autiority or other representative grOup within the Industry

to the Administrator and such notice and hearing as lie shall specify

and to become effective as part of this Supplementary Code on

approval by the Administrator.

ARTICLE \III-WITmRAwAL

Upon ten (10) days' notice to the Supplementary Code Authority

and to the Basic Code Authority aml to the Administrator either

Class 1 or Class 2 or both may, upon the concurring affirmative vote
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of the members of such Class entitled to cast two-thirds or more of

all the votes that might be cast by all such members within such

Class entitled to vote thereon, withdraw from the jurisdiction of the

Basic Code Authority and/or this Supplementary Code Authority;

provided, however, that such withdrawal shall not become effective

until such time as the particular class or classes shall be subject to the

provisions of another approved code or codes. The eligibility of

voters and the method and effect of such voting shall be in accordance with provisions of Section 1 of Article IV of this Supplementary Code. Tliereafter this Supplementary Code for such Class, together with the provisions of this Supplementary Code except such

portions as are not pertinent thereto, as determined by the Suppleientary Code Authority and the Administrator, shall become the

Supplementary Code governing the remaining Class if any, and its

Supplementary Code Authority shall become and be the sole Code

Authority and shall perform all the functions thereof with respect

to this Code.

ARTICLE IX--MONOPOLIES

No provision of this Supplementary Code shall be so applied as

to permit monopolies or monopolistic practices, or to eliminate, oppress, or discriminate against small enterprises.

ARTICLE X-PPICE INCREASES

Whereas the policy of the Act to increase real purchasing power

will be made more difficult of consummation if prices of goods and

services increase as rapidly as wages, it is recognized that price increases except such as may be required to meet individual cost should

be delayed, and when made such increases should, so far as possible, be limited to actual additional increases in the seller's costs.

ARTICLE XI-EFFECTIVE DArE AND DURATION

This Supplementary Code shall become effective at 12:01 o'clock

A. M. on the tenth (10th) day after it is approved, and shall continue

in effect until June 16, 1935, or the earliest date prior thereto on

which the President shall, by proclamation, or the Congress shall, by joint resolution, declare that the emergency recognized by Section

1 of the National Industrial Recovery Act has ended.

Approved Code No. 84-Supplement No. 53.

Registry No. 1125-03.

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UNIVERSITY OF FLORIDA

3 1262 08855 7649