Approved Code No. 84-Supplement No. 25 Registry No. 1136-QS 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

STEEL PACKAGE 

MANUFACTURING INDUSTRY 

/ 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

u. 

and Metal Coating Industry) 

AS APPROVED ON MAY 16, 1934 

WE DO OUR PART 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washin~tton, D.C. • • • - - • - • Price 5 c~>nts 
Thi publication is for ale b.v the Superintend nt of Documents, Government 

Printing ffice, Wa hington, D.C., and by district oillce of the Bureau of Foreign 

and Dome tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Po. t Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Bo ton, l\ln s. : 1 01 u tomhouse. 

Buffalo, N.Y.: 'bamber of Commerce Building. 

Charleston, .C. : Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North \ ells Street. Cl velancl, Ohio : llamber of Commerc . Dalla , Tex.: Chamber of Commerce Building. 

Detroit, l\lich.: 01 First National Bank Building. 

Houston, Tex.: 'hamber of Commerce Building. 

Indianapoli , Iud. : hamber of Commerce Building. 

Jacksonville, Fla. : humber of Commerce Building. Kan as City, l\lo.: 102, Baltimore AYenue. 

Los Ano-eles, alif.: 1163 South Broadway. 

Louisville, Ky. : 40 Federal Builclin<T. 

l\1emphis, Tenn. : 229 Federal Building. 

1inneapolis, l\linu. : 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhou e. 

New York, N.Y.: 734 u tomhou. e. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa. : 4:22 ommercial Tru t Building. 

Pittsburgh, Pa.: humber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo. : 506 Olive Street. 

San Francisco, alif.: 310 Cu tombou e. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 84-Supplement No. 25 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

STEEL PACKAGE MANUFACTURING INDUSTRY 

As Approved on May 16, 1934 

ORDER 

APPROVING SUPPLEMENTARY CoDE oF FAIR CoMPETITION FOR THE 

STEEL PACKAGE MANUFACTURING INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND METAL COATING 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, 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 

o:f a Supplementary Code of Fair Competition for the Steel Package 

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. 6543-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, Paragraph A, insofar as they provide that any existing 

price list shall remain in effect for a period of ten (10) days following the filing of a revised price list, be and they hereby are stayed 

pending my further Order. • 

HuGH S. JoHNsoN, 

Administrator for lndJustrial Recovery. 

Approval recommended: 

A. R. GLANCY, 

Division Administrator. 

WASHINGTON, D.C., 

JJJ ay 16, 1934. 

59377°----544-86----34 (1) 
REPORT TO THE PRE IDENT 

The PRE IDENT, 

TILe lV kite H Ott;Se • 

. ~: Thi is a report on the Supplementary Cod of Fair Competition for th Steal Pa kage :Manufacturin~ In lu try, a clivi ion 

f the Fabricate l\1etal Products l\fanufactunncr and l\1 tal Fini hing and Metal oatino· Industry, the nearing havin()'" been conduct d thereon in Washington, D. ., Dec mber 19 1933, in accordance with the pron wns of Title I f th National Industrial 

Recovery Act. 

GENERAL ST TEl\IENT 

Tl e Steel Package Manufacturing Industry, being truly representative of thi clivi ion of the Fabricated Metal Product Manufacturing and Metal Finishing and Metal Co a ing In ustry, 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 Basi Code, for the Fabricated Metal Products Manufacturing and .OMetal Finishing and Metal Coating Industry 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 the Supplementary Code. 

Article III. This Industry is a di-vision of the Fabricated Metal 

Products Manufacturing and l\1etal Fini hing and Metal Coating 

Industry and the labor proYisions of its Ba ic C dB, as approved 

November 2, 1933, are the labor provisions of thi Supplementary 

Code. 

Article IV e tablishes a Supplementary Code Authority consisting 

of fi e ( 5) members to be elected by the member of the Industry at 

a meetincr called by the Temporary Suppl mentary Code Authority 

and gives the Administrator the authority to appoint one additional 

m mber without vote and provides machinery for obtaining tati. tics 

and the admini tration of the Supplementary Code. 

Article V sets forth the unfair trade pra tices of this Suppl m ntary Code which has b en e pecially designed to off et unfair camp - titian in thi clivi i n Qf the Indu try. 

Article VI contains th mandatory provi ion contained in S ction 

10 (b) and al o pr vi des f r the submi ion of proposed am ndments 

to the Supplementary Code. 

rticle VII pro ide acrain t monor ali s and monopoli tic practice and recogniz that ~rice in rea es be limit to actual a lliti nal incr a. e in th eller co . Article VIII sta the fie tive date and durati n of thi nprl -

mentary Code. 

(2) 
3 

FINDINGS 

The Depu~y 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 N abonal Indu trial Recovery Act including removal of obstructions to the free flow of 

inter tate and foreign commerce which tend to diminish the amount 

th reof and will provide for the general welfare by promoting the 

organization of indu try for the purposes of cooperative action 

among the trade groups, by inducing and maintaining united action 

of labor and management 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 increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemployment, 

by improving standards of labor, and by otherw1se rehabilitating 

indu try. . (b) Said Industry 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 pertjnent 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 group is an industrial group truly representative of the 

aforesaid Industry; and that said group 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 discrjminate against them. 

(f) Those engaged in other steps of the economie 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. 

Respectfully, 

w .ASHINGTON, D.C., 

May 16, 1934. 

HUGH s. JOHNSON' 

Admilnistrator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE STEEL PACKAGE MANUFACTURING INDUSTRY 

A DIVI ION OF THE FABRIOATED l\IETAL PRODU T MANUFA TURING AND 

l\IETAL FINI RING AND l\IETAL COATING IND TRY 

ARTICLE I-PURPOSE 

To effectuate the policy of Title I of the National Indu trial 

Recovery Act, the following provisions are establi heel as a Su plementary Code of Fair Competition for the Steel Package Manufacturing Industry, pursuant to Article VI of the Basic Code of Fair 

Competition for the Fabricated Metal Products Manufacturing and 

:Metal Finishing and lVIetal Coating Industry appro\ed 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 "Steel Package Manufacturing Industry", her inafter 

referred to as the Industry, is defined to mean the manufactur for 

use or for sale of Steel Packages (made of twenty (20) gauge an l 

lighter steel with capacities up to and including twelve (12) gallon ) 

to be used in the shipment of such products as alcohol, paint, chemicals, petroletun products, plastic products, and such other products 

as are or hereafter may be shipped in such containers. 

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

without limitation, any individual, partnership, association, corporation, 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" a u ·ed 

herein, shall mean, respectively, the President of the United Stat , Title I of the N ationa.l Industrial Recovery Act, and the Administi·ator for Industrial Recovery under Title I of ai Act. 

The t rm " Basic Code " as u ed herein, is defin d to mean the 

Basic Code of Fair Competition for the Fabricated Metal Produ ts 

l\1anufacturing and lVIetal Fini hing and Metal Coating Indu try, 

as approved by the Pr iclent on the cond day of Novemb r 1933. 

The term "Basic Code Authority", as u ed her in i d fined to 

mean the Executi e Committee of the Fabricated l\fetal Pr du ts 

F ederation. 

The term " In. titute '~ as used herein, i d fin d to mean ted 

Package Manufacturers lnstitute, or its nee r. 

The t rm " upplementary ole Authority", as used her in is 

definel to mean as rial committe of five (5) member who hall 

(4) 
5 

be elected from the membership of the Industry and the Institute 

by a fair method of election. 

The term "duly authorized Agent" or "Agent" of the Supplenlentary Code Authority as used herein, is defined to mean the 

Commissioner of the Steel Package Manufacturers Institute, or his 

successor in office. Said Commissioner, 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. 

ARTICLE III-EMPLOYMENT 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 and labor provisions in Article III of its Basic Code as approved by the President on November 

2, 1933, 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 the Code, are specifically incorporated 

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

of this Supplementary Code. 

ARTICLE IV-ORGANIZATION AND ADMINISTRATION 

SECTION 1. During the period not to exceed sixty (60) days following the effective date, the duly authorized Agent shall constitute a 

temporary Supplementary Code Authority until the Supplementary 

Code Authority, consisting of five (5) members, is elected by the 

members of the Industry assenting to this Supplementary Code, as 

hereinafter provided, at a meeting called by the temporary Supplementary Code Authority, upon ten (10) days' notice sent by registered mail to all known members of the Industry, who may vote 

either in person or by proxy. The members of the Supplementary 

Code Authority shall serve for a period of one year from the date 

of their election, and subsequent elections shall be on the same basis 

as above provided. Immediately after the annual election of said 

Supplementary Code Authority, the members thereof shall appoint 

a duly authorized Agent to administer the provisions of this Supplementary Code. 

The members of the Supplementary Code Authority shall be 

elected in the following 'manner: One member, who shall be a member of the Industry, not a member of the Institute, (provided there 

are such members of the Industry who are not members of the Institute), to be elected by a majority vote of the qualified members of 

the Industry present in person or by ~roxy, each member to have on a 

vote. Such one member to be nominated by the members of the 

Industry who are not members of the Institute. 

Four members who are members of the Industry and members of 

the Institut~ to be elected by a majority vote of the qualified members of the industry present in person or by proxy, each member to 
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have one vote. Such four members to be nominated by the men1bers 

of the Institut . A vacancy in the member hip of the Supplementary Code Authority may be filled by a mujorit ot of the remaining members of the 

Supplementary Code Authority. The member who is elected to fill 

such vacan hall be ho en fr m the cla s of members in which the 

vacancy ha oc urre . In ad iition th reto the Admini ... trator may appoint a member of 

the upplementary Code Authority who, without vote shall serve 

without expense to the Indu try unle the Supplementary Code 

Authorit agree to pay such expense. The representative who may 

be appointed by the Administrator hall be given rea onable notice 

of and may sit at all1neetings of the Supplementary Code Authority. SECTION 2. The Trade Association directly or indirectly partici- pating in the election or activities of the Supplen1entary Code Au- thority shall (1) impose no inequitable restrictions on admission to 

membership and (2) submit to the Administrator true copies of their 

articles of association, by-laws, reo-ulations and any amendments 

when made thereto, together with such other information as to membership, organization and activities as the Administrator may deem 

neces ary to effectuate the purpose of the Act. SECTION 3. In order that the Supplementary Code Authority shall 

at all tim€s be truly representative of the Industry, and in other 

re pects comply with the pro isions of the Act, the Administrator 

may prescribe such hearings as he may deem proper; and thereafter 

if he shall find that the Supplementary Code Authority or it Agent 

is not truly representative or does not in other respects con1ply with 

the provisions of the Act, may require an appropriate modification 

of selection of the Supplementary Code Authority. 

SEcTION 4. (1) It being found necessary to support the Admin- istration of this Supplementary Code, in order to effe tuate the policy 

of the Act and to maintain the standards of fair competition established hereunder, the Supplementary Code Authority i authorized : 

(a) To incur uch reasonable obligations as are nece ary and 

proper for the foregoing purposes and to meet uch obligations out 

of funds which shall be held in trust for the purpo e of the 

Supplementary Code and raised as hereinafter provided; 

(b) To submit to the Admini trator for hi approval subject to 

such notice and opportunity to be heard as he may deem n c ary: 

1. An itemized budo-et of its e timated xpen es for the foregoinb 

purposes, and 

2. An equitable basis upon which the ft~nd n ce ary to upp rt 

such budget shall be contributed b all member of the 

Industry entitled to the b nefits accruing from th maint - nance of such stan lards, and the a lmini trution ther of; 

(c) After such budo-et and ba i of contribution ha been approY d by ihe Admini rator, to t nnine and lle t quitn le ntributions as abov set forth and to that n 1, if ne e ary, to in ti ute 

legal proc edin · therefor in it own name. (~) Each member of the Indu try hall be liable f r hi or it 

equi able contribution to the xpen e. of the muintenanc of th Supplementary ode Authori y a hereinaboYe provi le l. nl m mb r · of the Indu try complying with this uppl mentary Cod and 
7 

making such contribution shall be entitled to participate in the 

selection of the members of the Supplementary Code Authority or 

to receive the benefits of its voluntary activities or to make u e of 

any N.R.A. insignia. 

SECTION 5. The Supplementary Code Authority, through its duly 

authorized Agent, is hereby constituted the agency to administer 

the provisions of this Supplementary Code and shall have all of the 

powers which shall be necessary and proper to enable it to fully 

administer this Supplementary Code and to effectuate its purpose. 

The Supplementary Code Authority, through its duly authorized 

Agent, shall have the following further powers and duties: 

(a) To insure the execution of the provisions of the Supplementary Code. (b) To adopt by-laws and rules and regulations for its procedure 

and for the administration of the Supplementary Code. 

(c) To obtain from members of the Industry such information 

and reports as the Agent of the Supplementary Code Authority 

may require for the administration of the Supplementary Code 

and to provide for submission to the Administrator by members of 

the Industry of such information and reports as may be necessary 

for the purposes recited in Section 3 (a) of the Act; provided that 

nothing in this Supplementary Code shall relieve any member of the 

Industry of any existing obligations to furnish reports to any Government agency. No individual reports shall be disclosed to any 

member of the Industry or to anyone other than the Administrator 

or hi& duly authorized representative and as hereinafter provided. 

(d) To use such agencies as it deems proper for the carrying 

out of any of its activities provided for herein, provided that nothing herein shall relieve the Supplementary Code Authority of its 

duties or responsibilities under this Supplementary Code and that 

such agencies shall at all times be subject to and comply with 

provisions hereof. 

(e) To make recommendations to the Administrator for the coordination of the administration of this Supplementary Code with 

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

(f) To secure from members of the Industry an equitable and 

proportionate payment of the reasonable expense of the Supplementary Code Authority and its activities as set forth in Section 

4 of this Article. 

(g) To cooperate with the Administrator in regulating the use 

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

have assented to and are complying with this Supplementary Code. 

(h) To furnish from time to time to the Basic Code Authority, 

de ignated in said Basic Code, such information as may be required 

to be furnished under the terms of the Ba ic Code. 

SECTION 6. To the extent permitted by the Act and pursuant to 

such rules and regulations as the Administrator may pre cribe any 

and all information furnished to the Supplementary Code Authority 

by any members of this Indu try pursuant to the provisions of this 

Supplementary Code hall be subject t.o verification by impartial 

agent appointed by the Supplementary Code Authority, and each 

member of the Industry shall furnish to such impartial agent so 
8 

much of his pertinent books, accounts and records as may be required 

to crify the accuracy of the information submitted. 

E TION 7. EYery employer shall provide for the afety and 

health of employees during the hours and at the places of their 

emplo ment. tandards for safety and health shall be submitted 

by the upplementary o e Authority to the Administrator within 

six months after th ffective date of the Code. 

E TION 8. omplaints made by members of the Industry to the 

Ao· nt of the upplem ntary ode Authority, of alleged viOlations 

of any of the provisions of this Supplementary Code, shall be made 

in writing. In the event of a comr laint being registered against any corporate 

member of the Industry allegin~ a violation of this Su.Pplementary 

Co 1e th Supplementary Code Authority may cause an Investigation 

to be made by a person mutually agreed upon by the Supplementary 

ode Authority and the member of the Industry against whom the 

complaint i filed; or if they are unable to agree within a reasonable 

time by a di interested person appointed by the Administrator 

upon reque t by the Supplementary Code Authority. The Supplementary Code Authority may require the member complained 

again t to file with such investigator, within such reasonable time 

after receipt of a copy of the complaint as the Supplementary Code 

Authority shall determine, an answer to such complaint accompanied 

by supporting data. Both answer and data shall be verified by 

affidavit. The in' estigator may examine so much of the pertinent 

books and records of such member as may be required to verify the 

statements contained in said answer and/or the accuracy of the data 

supporting such statements. If the matter cannot thereafter be 

sati factorily adju ted within the Industry, the facts may be placed 

before the Ba ic Code Authority to be presented to the Admini - trator for such procedure as he may deem advisable under the Act. 

Any representative appointed by the agent of the Supplementary 

Code Authority to make any investigation, shall be a disinterested 

per on or persons, who 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. 

E 'TION 9. All individual and private information received by the 

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

re ult of inve tigation, shall be held in strict confidence and not disdo ed to any c mpetitor or other persons outside the A!rent's oili , without the perm.i ion of the members of the Industry involv d. 

Provided however, that uch information may be disclo ed to any 

auth rized g v rnm ntal agency) and provided furth r that in£ rmation pertaining to the r porting of price' term and condition 

m, y b disclo ed to effe tuate the puq o e of this uppl m n ary 

<1 . , E TION 10. thina contained in thi 

on titute the m mbers of the uppl m ntary o 

ner for any purpose, eith r as amona th m elve or in conn ti n 

with the Arrent of the uppl m ntary ode Authority. No m mb r 

of the upplementary od Authority hall be liable in any mann r 

t anyone for any act of any other member officer agent or employ e 

of the upplementary ode Authority, nor shall the Agent of the 
9 

Supplementary Code Authority be liable in any manner to anyone 

for any act of any member of the Supplementary Code Authority 

or any other officer, agent or employee thereof. No member of the 

Supplementary Code Authority, nor the Agent of the Supplementary 

Code Authority, exercising reasonable diligence in the conduct of 

their duties hereunder, shall be liable to anyone for any action or 

omission to act under this Supplementary Code except for his own 

willful misfeasance or non-feasance. 

SECTION 11. If the Administrator shall determine that any action 

of a Code Authority or 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 

of 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 days' notice to him of intention to proceed with 

such action in the original or modified form. 

SECTION 12. After a six ( 6) months' trial period, in case any provision of the Supplementary Code shall impose an unusual or undue 

hardship on any member of the Industry, such provision may be suspended, for review, for a period of sixty (60) days by the Supplementary Code Authority, with the approval of the Administrator. 

After the review t hearings may be held by the Administrator to 

modify the provisiOn in question. 

ARTICLE V- RULES OF FAIR CoMPETITION IN MANUFACTURING AND 

}\lfARKETING 

(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 any of the following Rules of Fair Competition in Manufacturing and Marketing shall be deemed to have violated this Supplementary Code. 

A. No products of the Industry, in whole or in part, shall be sold 

or exchanged 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 formula to be prepared by the Agent of the 

Supplementary Code Authority and approved by the Administrator; 

provided, however, that upon five ( 5) days' notice to the Agent of 

the Supplement.ary Code Authority any member of the Industry may 

sell below his costs, in order that he may meet competitive prices on 

articles of similar style, grade and/ or specification filed in accordance with the provisions of this Section. 

When the Agent of the Supplementary Code Authority determines that an emergency exists in this Industry and that the ca e 

thereof is destructive price-cutting such as to render ineffectiYe or 

seriously endanger the maintenance of the provisions of this Supplementary Code, the Agent of the Supplementary Code Authority may 

cause to be determined the lowest reasonable co t of the products of 

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

hearing as the Administrator may require. The Administrator 
10 

may appro e di appro e or modify the determination. Thereaft r durin · the period of the emergency it shall be an unfair trade 

1 ractice for any member of the Indu try to sell or offer to sell any 

1 roducts of the Indu try for which the lowest reasonable cost has 

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

sal that the bu r will pay le therefor than the lowe t reasonable 

co t of such products. 

\Yhen it appears that conditions have changed, the Agent of the 

Supr lementar. Code Authority, upon his own initiative or upon 

the r que t of any interested party, shall cau e the determination 

to be reviewed. 

ll member of the Industry shall, within ten (10) days after the 

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

all intere ted parties and file with the Agent of the Supplementary 

Code Authority price lists setting forth the prices, terms, extras, 

quantity differentials and bases of delivery at which they will sell 

the products of the Industry; such prices shall be subject to a list of 

minimum prices for Extras which shall be the lowest reasonable 

co t for such Extras and shall be prepared by the Agent of the Supplementary Code Authority and submitted to the Administrator 

for approval. Said price lists and all revisions thereof shall be 

made available to all interested parties. 

In the event that members of the Industry accept orders for carload quantities from customers located in the trade areas of the 

cities in which such members' plants are located and such orders 

call for, or are based on, truck deli very, they shall be considered as 

less-than-carload quantity sales unless complete delivery is continuous insofar as conditions permit. 

Each manufacturer's existing price list shall remain in effect for 

a period of ten ( 10) days following the filing of a revised price list 

and upon the filing of such revised list by any member of the Industry the Agent of the Supplementary Code Authority shall inunediately furnish copies of such revised list to all other members of the 

Indu try. Any other member, or members, of the Industry desiring 

to file revised lists, to become effective on the same date, may 

do so provided that the prices set forth in such revised lists are not 

lower than those in the first revised list filed and that they are filed 

pri r to said effective date. 

\Vhen filino- price lists as set forth in this Section A a ufficient 

number of list shall be furni hed to the Agent of the Suppl m ntar. r 

Code Authority to enable him to supply a copy to ea h m mb r f 

the Indu try and in addition th reto ix ( 6) copies for th u e of the 

Agent of the Supplementary Code Authorrty. 

Prices hall not be quoted on teel packao-e of new d io-n andj or 

con truction until the proposed chano-e of design and/ or on tru -

tion and the price at which the new produ t will b sold ha v been 

filed with the Ao- nt of the upplementary ode Auth ri an 1 

sai Agent ha n tified all member of the Indu try of the propo l 

changes and pri e . uch notice hall b o-iy n by aid Ao-ent within 

fiv. (5) days after rec ipt b him of ai prop han ere an 1 

pnc s. 

o~hing in thi Secti n A c ntained h w v r hall b c ntru d as to prevent the perf rmance by any m mb r f the Indu try 
11 

of any valid, bona fide contract made and entered into before the 

effective date of this Supplementary Code; provided however, that 

such contract has not been made and entered into before the effec- tive date hereof in contemplation thereof and with intent to defeat 

the purpo e hereof.

1 

B. Withholding from, or inserting in any invoice a false re ord, 

wholly or in part, of the transaction represented on the face th reof, 

and the payment or allowance of secret rebates, secret refunds, secret 

credits, unearned discounts (whether in the form of money or otherwi e), or the exten ion to certain pur ·hasers of price service or 

privileges not extended to all purcha ers under like conditions is an 

unfair trade practice. 

C. To 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 tanding, or the quality of his 

products, is an unfair trade practice. 

D. To 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 is an unfair trade 

practice. 

E . To give, permit to be given, or directly offer 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 party, without the knowledge of such 

employer, principal or party, is an unfair trade practice. 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 commercial bribery a hereinabove defined. 

F. The false marking or branding of any product of the Industry which has the tendency to mislead or deceive customers 

or prospective customers whether as to the grade, quality, quantity, substance character, nature, origin, size, finish, or preparation of any product of the I ndustry, or otherwise, is an unfair 

trade practice. 

All members of the Industry shall comply with the Inter tate 

Commerce Commi sion specifications, and the requirements of Rule 

40 o-f the Consolidated Classification, particularly as to the gauge 

of s el to be u eel in the various types and izes of steel packages, 

ubject to the standard rolling tolerances of the National A ociation of Flat Rolled Steel ::Manufacturers. 

Further, all members of the Industry shall make their steel pack- age of rated ca pacitv with tandard allowance for cuttage. 

G. The making or causing or knowingly permitting to be made 

or publi heel any fal e materially inaccurate or deceptive state- ment b3 wa} of aclv rti ement or otherwise whether concerning 

the grade, quality, quantity, substance, character, nature, origin, 

ize, fini h, or preparation of an} product of the Indu try, or the 

credit term , T"alues policie or services of any member of the In- du try or otherwi::::e having the tendency or capacity to mislead 

1 See paragraph 2 of order approving this Code. 
12 

or deceive customers or prospective customers, is an unfair tra.de 

practice. 

H. Any orders for the products of the Industry, other than contract orders, shall be on a basis of delivery being completed within 

the calendar quarter in which such orders are taken. 

All members of the Indu try, when making sales which call for 

delivery over a period of more han one calendar quarter2 shall use 

a standard form of sales contract which shall include manmum and 

minimum quantities (with the maximum quantity being no greater 

than 50% above the minimum quantity), or a definite percentage of 

the customer's entire requirements with a maximum quantity for 

which the seller shall be obligated, definite terms of time coverage, 

adequate discription of the product and all other items necessary to 

form a complete, unambiguous agreement between seller and buyer, 

said standard form of sales contract to be submitted to the Administrator for his approval. 

The period of coverao-e under any contract of sale shall not exceed 

a six (6) months' period from the end of the month during which the 

contract is entered into. All such contracts shall expire at the end 

of a calendar quarter, and the expiration dates of such contracts shall 

not be extended for any reason; provided, however, that the Agent 

of the Supplementary Code Authority, upon request by a majority 

of the members of the Industry, and with the approval of the Administrator, shall be empowered to authorize a change in such pBriod of 

coverage. 

For the purposes of this Section, a calendar quarter shall be defined as follows : The first calendar quarter shall be the months of 

January, February and March; the second calendar quarter shall 

be the months of April, May and June; the third calendar quarter 

shall be the months of July, August and September; the fourth 

calendar quarter shall be the months of October, November and 

December. 

I. All members of the Industry shall confirm all verbal contrac- tual quotations in writing within five ( 5) d.ays so that definite 

evidence of such quotations may be on record, and such confirmations 

must embody all terms and considerations of the proposal. No additional verbal under tandings shall be entered into. Prices in written 

quotations shall be either on the basis of a complete price, embodying 

the price of the Standard Package and all extras, with the extras 

listed separately, or a price on a Standard Package with the e~rtras 

ailed for being listed and priced. In order not to oppr s or eliminate mall enterpri s, no member of the Indu try hall offer r iprocal busin ss as a m ans of influencing the purcha e of teel 

package . J. Inducing, or attempting to induce, the breach of an contra t 

betw en a competitor and h1s customer, or the repudiati n of c ntracts or the acceptance of r pu liation of contract are unfair 

trade practi e . K. Shipping goods on con ignment is an unfair tra pra tic . The term onsignment ", as u ed in thi ection mean th supplying of goods to a con ign e for u e and/ or . al by the c n. i n e 

under any contract, agreements, or und r tanding her by title to 
13 

the goods remains in the consignor until such time as they are withdrawn from the consigned stock and used and/or sold by the consignee, and under which no liability for the purchase price of said 

goods arises on the part of the consignee until such withdrawal and 

use or sale by him. 

L. The sale of " seconds ", shopworn items, or any packages, 

except those of prime quality, is an unfair trade practice. All such 

"seconds ' and shopworn packages which cannot be renewed as 

prime packages shall be scrapped. 

l\1. The standard terms of payment of the Industry shall not be 

in excess of one ( 1) percent for cash in ten ( 10) days, net thirty 

(30) days, from date of invoice and date of invoice shall not be 

subsequent to date of shipment. Provided, however, that in cases 

where numerous invoices are rendered to a customer during any one 

month, any member of the Industry may allow such discount of one 

( 1) percent for payment on the basis of settlements twice each month 

a follows: 

1. On invoices dated from the 1st to the 15th inclusive in any 

month, such discount may be allowed on payment of such invoices 

on or b.efore the 25th of such month. 

2. On invoices dated from the 16th to the end of any month, such 

discount may be allowed on payment of such invoices on or before 

the lOth of the next following month. 

N. The giving of any guarantee against decline in price, except 

as against the seller's own decline up to date of shipment, is an 

unfair trade practice. 

0. All members of the Industry assenting to this Supplementary 

Code shall send to the Agent of the Supplementary Code Authorityl 

within ten (10) days after they are entered into, signed copies ot 

all contracts of sale. In the event that an extra signed copy is not 

available, then the original copy shall be sent to the Agent of the 

Supplementary Code Authority, who shall record the same and 

return it to the sender. 

All shipments made against any contracts shall be completed 

within fifteen (15) days after the expiration dates thereof. In the 

event of price adjustments, necessary at the beginning of any calendar quarter in order to comply with the terms of a contract, shipments of all releases against such contract, placed during the preceding calendar quarter, shall be completed within fifteen (15) days 

from the end of such calendar quarter. 

ARTICLE VI-11omFIOATIONS 

SECTION 1. This Supplementary Code and all the proVIsiOns 

thereof are expressly made subject to the rio·ht 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 mo-:lify any order, approval, 

license, rule, or regulation issued un ler aid Act. 

SECTION 2. This Supplementary Code, except as to provisions required by the Act, may be modified and/ or amended on the basis 

of experience or changes in circtm1 tances, such modifications and/or 

amendments to be based upon application by the Agent of the Supplementary Code Authority or other representative group within the 
UNIVERSITY OF FLORID A 

lllllllllllllllllllllllllll llllll llllllllllllllll\ IIIII \IIIII\ II 

14 3 1262 08856 1245 

Industry to the Administrator and such notice and hearing as he 

shall specify and to become effective as part of this Supplementary 

Code of appro al by the President and/or the Administrator. 

ARTICLE VII-Mo.~. To Po LIEs 

SECTION 1. 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. 

SECTION 2. \Vh reas the policy of the Act to increase real purchasing, po\\er will be made more diffi ult 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, but when 1nade such increases should, 

so far as possible, be limited to actual additional increases in the 

seller's costs. 

ARTICLE VIII-EFFECTIVE DATE AND DURATION 

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

A.M. on the tenth day after it is approved by the President7 and shall 

continue in effect until June 16, 1935 or the earliest date pnor 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. 25. 

Registry No. 113(H)8. 

0