Approved Code No. 199-Amendment No. 2 .Registry No. 308-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

CORK INDUSTRY 

AS APPROVED ON JANUARY 16, 1935 

WE -DO OUR PART 

"' ---... 

U.l . DI'<*TO"Y 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

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Approved Code No. 199-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

CORK INDUSTRY 

As Approved on January 16, 1935 

ORDER 

APPROVING AMENDl\IENT OF ConE OF FAIR CoMPETITION FOR THE CoRK 

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 an amendn1ent to a Code of Fair Competition for the Cork Industry, and 

opportunity to be heard having been given and the annexed report 

on said amendment, containing findings with respect thereto, having 

been made and directed to the President : 

NO\iV, THEREFORE, on behalf of the President of the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including 

Executive Order No. 6859, dated September 27, 1934, and otherwise; 

does hereby incorporate by referenc~ said annexed report and does 

find that said amendment and the vode 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 

does hereby order that said amendment be and it is 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, such 

approval and such amendment to take effect fourteen (14) days from 

the date hereof, unless good cause to the contrary is shown to the 

National Industrial Recovery Board before that time and the Board 

issues a subsequent order to that effect. 

NATIONAL INDUSTRIAL REcovERY BoARD, 

By W. A. HARRIMAN, Administrative Officer. 

Approval r ecommended : 

\V ALTER G. HooKE, 

Acting Division Ad1ninistrator. 

wASHINGTON, D. c., 

J anua1·y 16, 1935. 

109812°----1465-99----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: An application has been duly made pursuant to and in full 

compliance with the provisions o£ the National Industrial Recovery 

Act, £or amendment to the Code o£ Fair Competition £or the Cork 

Industry, submitted by the Code Authority £or said Industry. 

The purposes and effects o£ the amendment are : 

1. To rewrite the provision regarding filing o£ merchandising 

plans to require the filing o£ prices and to eliminate a waiting period 

between the filing date and the effective date o£ prices. 

2. To prohibit sales at prices other than tho e filed. 

3. To require members o£ the Industry to enter into agreements 

with their distributors under which the distributors will be required 

to file their prices and will be prohibited £rom selling at prices other 

than those so filed. 

4. To define the words " price terms." 

FINDINGS 

The Assistant Deputy Adtninistrator in his final report to The 

National Industrial Recovery Board on said amendment to said Code 

having found as herein set forth and on the basis o£ all the proceed· 

ings in this matter: 

It is found that: . 

(a) The amendment to said Code an.d the Code as amended are well 

designed to promote the policies and purposes o£ Title I of the N ationa! Industrial Recovery Act including the removal o£ obstructions 

to the free flow o£ interstate and foreign commerce which tend to 

diminish the amount thereof and will provide £or the general welfare 

by promoting the organization o£ Industry £or the purpose o£ cooperative action among trade groups, by inducing and maintaining 

united action o£ labor and management under adequate governmental 

sanction and supervision, by eliminating unfair competitive practices, 

by promoting the fullest possible utilization o£ the present l)roductive 

capacity o£ the industries, by avoiding undue restriction o£ produc. 

tion (except as may be temporarily required), by increasing the consumption o£ industrial and agricultural products through increasing 

purchasing power, by reducing and relieving unemployment, by improving standards o£ labor, and by otherwise rehabilitating industry. 

(b) The Code as amended complies in all respects with the pertinent provisions o£ said Title o£ said Act, including without limitation 

sub-section (a) o£ Section 3, sub-section (a) of Section 7, and subsection (b) o£ Section 10 thereof. 

(c) The amendment and the Code as amended are not designed to 

and will not permit monopolies or monopolistic practices. 

(2) 
3 

(d) The amendment 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. 

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

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

amendment. 

For these reasons, therefore, said amendment is hereby approved. 

For the National Industrial Recovery Board: 

w. A. HARRIMAN' 

Administrative Officer. 

J .ANUARY 16, 1935. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE CORK INDUSTRY 

ARTICLE VIII. Add a new Section as follows : 

SECTION 8. The provisions of Sections 1, 5 and 7 of this Article 

shall apply to the entire Industry. The provisions of Sections 2, 3, 

4 and 6 of this Article shall apply to all of the divisions of the 

Industry, except the Cork Insulation :Manufacturers' Division, to 

which Division they shall not apply. 

Add a new Article as follows: 

ARTICLE VIII--A 

SECTION 1. The provisions of this Article shall apply only to the 

Cork Insulation Manufacturers' Division. 

SECTION 2. vVithin fifteen (15) days after the approval by the 

Code Authority and the National Industrial Recovery Board of the 

Executive Committees' recommendations and merchandising plans as 

provided for in Section 1 of Article VIII, each individual member 

of the Division concerned shall file with the Secretary his plan for 

merchandising and his price terms, effective on the fifteenth day 

after said approval, which plan shall supply the information required and shall be in the form so approved by the National Industrial Recovery Board. The member's merchandising plan and price 

terms so filed shall remain in force unless and until uper~eded by 

the filing with the Secretary by the member of a revision of his 

merchandising plan and price terms. Except said member's merchandising plan and price terms initially filed as above provided, revisions of such plan and price terms shall become effective immediately upon receipt thereof by the Secretary, who shall, by telegraph or other equally prompt means, immediately notify said meiTI:-

ber of the time of such receipt. The original merchandising plan and 

price terms and all revisions thereof, filed by each member of the 

division concerned, as well as the price terms of manufacturers' distributors, which may be filed with the Secretary pursu·ant to the 

provisions of Section 4 of this Article, shall be immediately and 

simultaneously distributed by the Secretary to all other members of 

the division and to those manufacturers' distributors who have price 

terms on file with the Secretary regarding similar products of the 

industry, and the same shall be made available to all customers affected thereby who have applied therefor and have agreed to defray 

the cost actually incurred by the Code Authority in the preparation 

and distribution thereof, and the same shall also be available for 

inspection by any of the said customers at the office of the Secretary. 

SECTION 3·. No member shall sell or offer to sell any article at price 

terms other than those which such member has currently on file with 

the Secretary. 

(4) 
5 

SEcTION 4. No member of a division :for which a merchandising 

plan shall have been approved by the National Industrial Recovery 

Board shall sell any product o:f said division to or through any distributor or distributors, after fifteen ( 15) days after the date o:f approval of said merchandising plan, unless and until said distributor 

and/ or distributors shall have entered into a separate written agreement, which agreement shall contain the following provisions: 

(a) That such manufacturers' distributor shall :forthwith i sue 

and file with the Secretary his or its price list or lists, including 

therein all prices, terms, rebates, discounts, allowances and conditions of sale and any revisions thereof which may be made from time 

to time, relating to or affecting the sale or offer to sell of any of the 

products of the division concerned, to all classes of customers. 

(b) That said price list or lists, terms, rebates, discounts, allowances and conditions o:f sale, and any revisions thereof, shall become 

effective immediately upon receipt of same by the Secretary. 

(c) That such manufacturers' distributor shall not sell or offer 

to sell any of said products at prices or terms other than those which 

he or it has currently on file with the Secretary. 

Copies of all such separate agreements so executed shall be filed 

with the Secretary within five ( 5) days following the date of their 

execution. Immediately upon receipt of the price terms of such 

manufacturers' distributors, the Secretary by telegraph or telephone, 

or other equally prompt means, shall notify such manufacturers' 

distributor filing the same of the time of such receipt and all such 

price terms and revisions thereof shall be immediately and simultaneously distributed by the Secretary to all members of the division 

and to such manufacturers' distributors who have filed price terms 

or revisions thereof for the sale or offer to sell of similar products, 

and the same shall be made available to all customers affected 

thereby who have applied therefor and have agreed to de:fray the 

cost actually incurred by the Code Authority in the preparation and 

distribution thereof, and the same shall also be available for inspection by any of the said customers at the office of the Secretary. 

SEcTION 5. The provisions of Section 4 of this Article shall cease to 

be effective sixty (60) days alter the date of the approval of this 

Amendment, unless within that time manufacturers' distributors of 

the products of the Cork Insulation Manufacturers' Division, to the 

extent of 75% by number and 85 % by volume of business, file with 

the National Industrial Recovery Board their assent to the provisions 

of said Section 4. 

SECTION 6. Any Agreen1ent made under the provisions of Section 

4 of this article shall terminate if and when this Code, or said Section 

4 of this Article, or said merchandising plan shall cease to be of effect. 

Amend Article II by adding a new section as follows : 

SECTION 13. Wherever used in this Code, the words " price terms " 

shall be understood to include all prices, terms, rebates, discounts, 

allowances or other conditions of sale. Whenever used in this Code 

the words "manufacturers' distributors" shall have the meaning 

within each Division as defined in the Merchandising Plan for that 

Division. 

Approved Code No. 19-9'--Amendment No. 2. 

Regi try No. 308-1-01. 

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UNIVERSITY OF FLORIDA 

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