Approved Code No. 441-Amendment No.1 Registry No. 251-09 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

BIAS TAPE INDUSTRY 

AS APPROVED ON FEBRUARY 4, 1935 

WE DO OUR PAR'f 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

J; I 

I I I 

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

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

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Mass. : 1801 Customhouse. 

Buffalo, N. Y.: Chamber of Commerce Building. 

Charleston, S. C. : Chamber of Commerce Building. 

Chicago, Ill.: Suite 1706, 201 North Wells Street. 

Cleveland, Ohio : Chamber of Commerce. 

Dallas, Tex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First Na tiona I Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indianapolis, Ind. : Chamber of Commerce Building. 

Jacksonville, Fla.: Cllamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif.: 1163 South Broadway. 

Louisville, Ky.: 408 Federal Building. 

Memphis, Tenn. : 2_9 Federal Building. 

Minneapolis, Minn.: 213 Federal Building. 

New Orleans, La.: Room 225-A, Customhouse. 

New York, N. Y.: 734 Customhouse. 

Norfolk, Va.: 406 East Plume Street. 

Philadelphia, Pa.: 422 Commercial Trust Building. 

Pittsburgh, Pa.: Chamber of Commerce Building. 

Portland, Oreg.: 215 New Post Office Building. 

St. Louis, Mo. : 500 Olive Street. 

San Francisco, Cnlif.: 310 Customhouse. 

Seattle, Wash.: 809 Federal Office Building. 
Approved Code No. 441-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

BIAS TAPE INDUSTRY 

As Approved on February 4, 1935 

ORDER 

APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR THE BrAs 

TAPE INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of amendments 

to a Code of Fair Competition for the Bias Tape Industry, and a 

hearing being duly held thereon and the annexed report on said 

amendments, containing findings with respect thereto, having been 

made and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

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

Executive Order No. 6859, and otherwise, does hereby incorporate by 

reference said annexed report and does find that said amendments 

and the Code as constituted after being amended complies 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 amendments be and they are hereby approved, and that the 

previous approval of said Code is hereby amended to include an 

approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By W. A. HARRIMAN, Ad1ninistrative Officer. 

Approval recommended : 

PRENTISS L. CooNLEY, 

Division Adrninistrator. 

vv AsHrNGToN, D. c., 

February 4, 1935. 

113794°----1573-21----35 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White li ouse. 

Sm: This is a report on the amendments to the Code of Fair 

Competition for the Bias Tape Industry. A n tice of the hearing 

on these amendments was publi he.d on October 31, 1934; and a 

hearing was held on November 20, 1934. The amendments, which 

are attached, were presented by duly qualified and authorized representatives of the Indu try, complying with statutory requirement , 

and being the duly constituted Code Authority under the provisions 

of the said Code for the aid Industry. 

These amendments provide for additional unfair trade practi es 

with regard to quality designations, mutuality of contracts adverti ing allowances, imitation of trade mark and other unfair trade 

practices. 

The Deputy Administrator in his final report to the National 

Industrial Recovery Board on said amendments to said Code having 

found as herein set forth, and on the basis of all the proceedings 

in this matter; 

The National Industrial Recovery Board finds that: 

(a) The amendments to said Code and the Code a amended are 

well de igned to promote the policies and purpo es of Title I of the 

National Industrial Recovery Act including the removal of obstructions to the free flow of interstate and foreign commerce which tend 

to diminish the amount thereof, and will provide for the general 

welfare by promoting the organization of industry for the purpo e 

of cooperative action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest pos ible utilization of the 

present productive capacity of industrie , 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 otherwise 

rehabilitatin()' industry. 

(b) The Code as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation ub- ection (a) of Section 3, Sub-section (a) of Section 7 and 

ub-section (b) of Section 10 thereof. 

(c) The Code Authority is empowered to pre ent the aforesaid 

am ndments on behalf of the Industry as a whole. 

(d) The amendmenk; and the Code as amended are not desi()'ned 

to and will not permit monopolies or monopolistic practices. o 

( ) The amendm nts and the Code as amended are not desio-ned 

to and will not eliminate or oppress small enterprises and will not 

operate to discri1ninate against them. 

(2) 
3 

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

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

said amendments. 

For these reaf:?ons these amendments have been approved. 

For the National Industrial Recovery Board: 

FEBRUARY 4, 1935. 

vv. A. HARRIMAN, 

Administrative Officer. 
A~IEXD~IEXT TO CODE OF FAIR CO~fPETITION FOR 

THE BIAS TAPE INDUSTRY 

Article VI II Section 11 i amended by the addition of: 

No additiona l elating hall b allowed except that goods hipped 

from the 25th to the en l of the month may be regarcle 1 for eli count 

purpose a haYing been shipp d a of the 1 t of the following 

month. 

Article VIII i amended by the ad liti n of the followino- new 

section : 

13. lll arking BiaB Tape.-No member of the indu try hall ell or 

offer for sale any bias tape for hou eholc.l u e, put up on card roll , 

or ot.h~r packages or boxes except in accordance with the following 

prov1s10ns : 

(a) The cards rolls, or other package or boxes hall have affixed 

thereto in a visible and consr icuous place a label or tamp specifying 

the following : 

( 1) Length and 3 arcls contained thereon in aid car 1 , rolls packages or boxes. 

(2) The quality or finish of the material in conformity with the 

follo"ITing table of designation: 

72x68, or Lower, Lawn 

76x72 Fine Lawn 

Lawn 

80x80 anu Upward, Extm Fine Lawn 

Percale 

64x60 or Lower, Perca le 

6 x72, and Up"·ard, Fine P ercale 

Nainsook 

76x72 or Lower, Nainsook Finish 

Ox80 Nainsook 

8 x80 Fine Nainsook 

D6x92, and Upward, Extra Fine Nainsook 

(3) The folded width of the material 1n conformity with the 

following width specifications: 

a. Single fold: 

'1\.T 1 2 3 4 5 6 7 8 9 10 11 

nO. 4/16 5/ 16 6/16 7/16 8/16 9/16 10/ 16 11/16 12/ 16 13/ 16 14/ 16 

12 13 , 

15/16 16/ 16 or 1 

b. Additional ize mu~t be marked or numbered on the basis of rrr" for each ize number . . All ingle fold bia tape hould be folded with a center opening 

not exceeding -b/ ' \lith the exception of bias tape made from material weighing 1 lb. per 5.35 yards or heavier. 

(4) 
5 

d. For double :fold bias tape the finished width shall be :10t less 

than 1;2 o:f the width :for single :fold as set :forth in the :fo\egoing 

table. All double :fold bias tape shall be :folded with a cen~r opening not exceeding 1\". 

(b) The actual length o:f bias tape contained on the cards, rolls, 

or other packages or boxes, shall not deviate :from_ the length indicated by the label or stamp affixed in accordance with Section 13, 

Sub-section (a), (1) in excess of 2 percent. 

14. Mercerization.-No member of the industry shall use the term 

"Mercerized" on any label or stamp affixed to any bias tape unless 

such material has been put through the process o:f mercerization. 

15. Color Fastness.-Statements to indicate "fast color " may be 

applied only when the material after dyeing has passed a washing 

test in accordance with the requirements :for such tests as are or shall 

be approved by the American Society For Testing Materials. The 

Code Authority shall submit to the Administration within sixty days 

:from the date hereof a certificate showing that the standards to be 

used by the industry under this provisions have received a certificate 

of approval from the American Society For Testing Materials. Said 

approved standards shall be :forwarded by the Code Authority to 

every member of the industry. 

16. Mutuality of Contracts.-Members of the industry shall set 

forth in all contracts the following: 

(a) All contracts not for immediate delivery shall be in writing, 

shall specify definite quantities, shall stipulate that the delivery specifications shall be distributed fairly and equitably throughout the 

period of said contract, and said contract shall be duly executed by 

parties thereto. 

(b) Nothing contained herein shall prevent the use o:f usual clauses 

in contracts as to the effect of 'force majeure, acts of God, and similar events beyond the controi of either party. 

17. Samples.-No member o:f the industry shall give samples as 

an integral part of a sale or as a means of making a specific sale. 

18. Advertising Allowances.-N o member o:f the industry shall 

arrange for advertising allowances except in agreements entirely 

separate and distinct :from sales agreements. 

No member of the industry shall make agreements for payment 

of ad-vertising unless such agreements shall definitely specify exactly 

how much shall be paid and the method of payment by the giver of 

the -allowance, exactly what services shall be rendered by the recipient of the allowance, and the method of auditing the performance 

which the allowance giver shall employ. Such agreements shall provide :for submission o:f proof that such allowances are expended for 

the purpose set forth in the agreement. 

19. Substitution of M erchandise.-N o member of the industry 

shall ship or deliver products which do not conform with the samples 

submitted, or with representations made prior to securing an order 

and with the effect of deceiving or misleading the purchaser. 

No member of the industry shall sell an inferior product at a price 

appropriate for .such p~oduct wi~h the m;ders~anding ~hat a product 

of superior quahty selhng at a higher pnce will be delivered. However a seller acting in good faith and because of an actual unforeseen' shortage of the product sold,. may, in. order to service the customer, deliver a product of a quality supenor to the product sold. 
6 

20. Imitation of 1'1'ade ~larks, Etc.-No member of the I ndustry 

shall imitate or imulate another' 'put-up", trade mark, trade 

names, lo ·an and other marks of identification, including labels 

and the clr s of the good , which is intended to or does deceive or 

mi lead the purcha er, or re ult in the commercial disadvantage to 

the owner of an already e tabli heel "put-up n, trade mark, trade 

names, loo·an , and other mark~ of i 1entification including labels 

and the dre . · of the goods. 

21. False dispm·agmcnt of 001np tito1's.-No member of the industry ~hall defame a competitor by fal ely imputing dishonorable con- duct, inability to perform contracts que tionable credit standing or 

by other fal c repre entation or by fal ely eli paraging the grade or 

qualjty of hi good . 

22. Use of Competitor 1/eTchandise.-No member of the industry 

shall by purcha e or exchange acquire another manufacturer s mer- chan li ... e from any customer or pro pective customer for the purpo e 

of ubstituting hi own merchanli e or influencing the sale of mer- handise to such u tamer or pro pective customer, provided how- ever, it shall not be an unfair tra le practice to acquire a sample of a 

competitors merchandi~e for the purpose of comparison or analy i . 23. Aiding or Abetting Another in the Use of Unfai·r Trade Prac- tices.-N o member of the inclu try shall wilfully aid or abet another 

in any unfair trade practices. 

Approved Code No. 441-Amemlment No. 1. 

Regi. try No. 251-09. 

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