Approved Code No. 84-Supplement No. 14 Registry No. 1129-1-14

NATIONAL RECOVERY ADMINISTRATION

SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE

NON-FERROUS HOT WATER TANK

MANUFACTURING INDUSTRY

(A Division of the Fabricated Metal Products

Manufacturing and Metal Finishing

and Metal Coating Industry)

AS APPROVED ON APRIL 4, 1934

If, MEMBER

U.S.

WE DO OUR PART

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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

Printing Ollice, Washington, D.C., and by district offices of tLe Bureau o

F

and Domestic Commerce.

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Offie 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.

Clevelind, Ohio: Chamber of Commerce.

Dallas, Tex.: Chamber of Commeree Building.

Detroit, Mich.: 801 First National Bank Building.

Houston, Tex.: Chamber of Commerce Building.

Indianapolis, Ind.: Chamber of Commerce Building.

Jacksonville, Fla.: Chamber of Commerce Building.

Kansas City, Mo.: 1028 Baltimore Avenue.

Los Angeles, Calif.: 1163 South Broadway.

Louisville, Ky.: 408 Federal Building.

Memphis, Tenn.: 229 Federal Building.

Minneapolis, Minn.: 213 Federal Building.

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

New York, N.Y.: 734 Customhouse.

Norfolk, Va.: 406 East Plume Street.

Philadelphia, Pa.: 422 Commercial Trust Building.

Pittsburgh, Pa.: Chamber of Commerce Building.

Portland, Oreg.: 215 New Post Office Building.

St. Louis, Mo.: 506 Olive Street.

San Francisco, Calif.: 310 Customhouse.

Seattle, Wash.: 809 Federal Office Building.
Approved Code No. 84-Supplement No. 14

SUPPLEMENTARY CODE OF FAIR COMPETITIO

FOR THE

NON-FERROUS HOT WATER TANK

MANUFACTURING INDUSTRY

As Approved on April 4, 1934

ORDER

NPrROvING SUPPLEMENTARY CoDE OF FAIR COMPETITION FOR TH

N

FERROUS HOT WATER T'IANK MANUFACTURING INDUSTR

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURI

A

METAL FINISHING AND METAL COATING INDUSTRY

An application having been duly made pursuant to and 

compliance with the provisions of Title I of the National In

Recovery Act, approved June 161 1933, and in accordance wt

provisl()ins of Section I of Article VI of the Basic Code 

t

Fabricated Metal Products Mainufacturingi and Metal Finish

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

of a Supplementary Code of Fair Competition for the Non-

Hot Water Tank ]L Manufacturing- Industry, and hearing having been

duly held thereon ; and the annexed report on said Supplem

Code. containing find ingrs with respect thereto, having beei m

directed to the President:

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

States, I, Hugh S. Johnson, Administrator for Industrial R

pursuant to authority vested in me by Executive Orders 

t

President, including Executive Order No. 6.543-A, dated D

30, 1933, and otherwise; do hereby incorporate by referen

annexed report and do find that said Supplementary code c

in all respects with the pertinient provisions and will prom

t

that policy approved; Paragraph the price hereby filing said 51240 lists and purposes stayed Supplementary 0with -482-19-34 or provided, (a), revised pending the insofar Codef however, terms my said as Code Authority they further and Title of that prescribe Fair (1) conditions of and Order the said Competition the provisions Act; a either effective of waiting sale and within be be do ofperiod (late and and herebArtica it of pithbr
2

sixty days from the effective date of this Supplementary 

after the completion of a study of open price associations n

b

conducted by the National Recovery Admiiistration.

Hucr KS. JOHNS

Administrator for hidusf (ial Re

Approval recommended:

A. R. GLANCY,

Division Administrator.

WAS[INGTON, D.C., April 4, 1934.
REPORT TO THE PRESIDENT

The PRESIDENT,

The Wlte 71 House.

Sm.: This is a report on the Supplementary Code of Fair 

petition for the Non-Ferrous Hot Water Tank Manufacturin

dustv. a division of the Fabricated Metal Products Manufac

and Metal Finishing and Metal Coating Industry, the hearing h

been conducted thereon in Washington, D.C.. January 19. 19

accordance with the provisions of Title I of the National 

trial Recovery Act.

GENERAL STATEMENT

The Non-Ferrow Is Hot Water Tank Manufacturing Ind

being truly representative of this division of the Fabricated M

Products Manufacturing and Metal Finishing and Metal C

Industry, has elected to avail itself of the option of submit

Supplementary Code of Fair Competition. as provided for i

tion 1 of Article VI of the Basic Code, for the Fabricated i

ProLiducts ?Manufacturinr and Metal Finishing and Metal C

Indus-tr approved by you on1 the second day of November., 193

REsUME OF THE CODE

Article I states the purpose of the Supplementary Code.

Article II accurately defines specific terms employed in the 

ple~aentarv Code.

Article III. This Indulstry is a division of the Fabricated M

Products Maniufacturing and Metal Finishingy and Metal C

Industry and the labor provisions of its Basic Code, as app

Novenmbcr 2, 193. are the labor provisions Of this Supplem

Code.

Article IV (-talihes a Suipplemetary Code Aithoritv c

int of live (7) members to be elected by the members of die T

try at a mweting called by the Temporary Snpplementary Cod

A

thority, and gives the Administrator the authority to api int o

ditional member without vote and provides machinery for obt

statistics and the administration of the Supplementary Code.

Article V provides for an accounting systemn and methods 

findin g and or estimating.

Article VI piovides for deterniiiiing the lowest reasonable c

the prodicits mentary competition 10 to Article Article Article the (b) Supplementary and Code VII IXIII also in this of contains provides which sets provides this division forth Industry. the has Code. methods for mandatory the been of the unfair the ofespecially designed submission (3)setting Industry. trade provisions upractices of and proposed contained revising to of offset this amendpricin SSu
4

Article X recognizes that price increases be limited to ac

tional increase in the seller's costs.

Article XI provides against monopolies and monopolistic p

Article XII states the effective date and duration of th

mientary Code.

FINDINGS

The Assistant Deputy Administrator in his final report

m

said Supplementary Code having found as herein set for

the basis of all the proceedings in this matter:

I find that:

(a) Said Supplementary Code is well designed to prt

policies and purposes of Title I of the National Industrial 

Act, including removal of obstructions to the free flow of 

and foreign commerce which tend to diminish the amou

t

and will provide for the general welfare by proinmtingi the 

tion of industry for the purposes of cooperative action 

t

trade groups, by inducing and maintaining' united action of 

management under adequate govermnental sanctions An

sion, by eliminatintg unfair competitive practices, by prom

t

fullest possible utilization of the present productive capa

i

du-tr.jes, by avoiding undue restriction of production (exce

be temporarily required), by increasing the consumption 

trial and agricultural products through increasing purchasi

p

by reducing and relieving unemployment, by improving 

of labor, and by otherwise rehabilitating industry.

(b) Said Industry normally employs not iore than 

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

(c) The Supplementary Code as approved complies in a

r

with the pertinent provisions of said Title of said Act, 

without limitation Subsection (a) of Section 3, Subsecti

Section 7, and Subsection (b) of Section 10 thereof; and t

applicant group is an industrial group truly representati

t

aforesaid Industry; and that said association imposes no i

restrictions on admission to membership therein.

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

p

mit monopolies or monopolistic practices.

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

nate or oppress small enterprises and will not operate to di

against them.

(f) Those engaged in other steps of the economic proces

h

been deprived of the right to be heard prior to approv

Supplementary Code.

For these reasons, therefore, I have approved this Supp

Code. APRIL Respectfully, 4, 1934. HUGH S. Admin JOHNS
SUPPLEMENTARY CODE OF FAIR COMPETITION F

THE NON-FERROUS HOT WATER TANK MANUF

TURING INDUSTRY

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING A

METAL FINISHING AND METAL COATING INDUSTRY

ARTICLE I-PURPOSES

To effectuate the policy of Title I of the National Indu

Recovery Act, the following provisions are established as the 

plementary Code of Fair Competition for the Non-Ferrous 

Water Tank Manufacturing Industry, pursuant to Article V

the Basic Code of Fair Competition for the Fabricated Metal 

ucts Manufacturing and Metal Finishing and Metal Coating Ind

approved by the President of the United States on the second d

November, 1933, and the provisions of this Supplementary Code 

be the Standard of Fair Competition for and shall be binding u

every member of the Industry.

ARTICLE II-DEFINITIONS

The term "Non-Ferrous Hot Water Tank Manufacturing 

dustry " hereafter referred to as the " Industry " is defined to m

the manufacture for sale of copper and other non-ferrous 

range boilers, storage tanks and tanks for automatic and non

matic water heaters for working pressure of over fifty (50) p

per square inch restricted to sizes not exceeding one hundred nin

(119) gallons' capacity.

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

b

without limitation, any individual, partnersliip. association. 

poration, or other form of enterprise engaged in the Industry, 

as an employer or on his or its own behalf.

The term employer ", as used herein includes anyone by 

any such employee is compensated or employed.

The term "employee ". as used herein includes anyone en

in the Industry in any capacity receiving comlpensation fo

h

services, irrespective oI the nature or method of paynnt of 

compensation.

The term "Federation ", as used herein is defined to mea

t

Fabricated herein Title trator Bsic The I Code for tem shall terms of Industrial the Metal of " mean " Basic National Fair President Products respectively Competition Code Recovery Industrial ", ", Federation "Act as under the used (5) for " Recovery President and Title herein, the or Fabricated "Administrator its i of Act, is successor. of said defined the and Act. Metal United Sthe to" AdmmeatProas u
6

Manufacturing and Metal Finishing and Metal Coating In

approved by the Pre.sident on the second (lay of November, 

The term Supplementary Code Authority ", as used here

m

the agency which is to administer this Supplementary Cod

h

inafter provided.

The term "Association ", as used herein, is defined to mN

Ferrous Hot Water Tank Manufacturers Association or its 

The term " Supplementary Code Committee ", as used h

i

defined to mean the committee appointed by the Board of 

of the Non-Ferrous Hot Water Tank Manufacturers Asso

t

present this Supplementary Code.

ARTICLE III-EMPLOYMENT PROVISIONS

This Industry is a division of the Fabricated Metal Produ

M

ufacturing and Metal Finishing and Metal Coating Indu

without limitation the wage, hour and labor provisions in A

of its Basic Code as approved by the President Novembe

including Section 1 of said Article III by which the pro

Sub-sections (1), (2), and (3) of Section 7 (a) of Title I o

tA

are made conditions of this Code, are specifically incorporath

and made a part hereof as the wage, hour and labor provisio

t

Supplementary Code.

ARTICLE IV-ORGANIZATION AND ADMINISTRATION

SECTION 1. Dtiringr the period not to exceed sixty (60) 

lowing the effective date, the Supplementary Code Com

the Industry shall constitute a temporary Supplementary 

A

thority until the Supplementary Code Authority is electe

shall be constituted within the sixty-day period a Supp

Code Authority consisting of five members to be electe

bt

members of the Industry, at a meeting called by the T

Supplementary Code Authority, upon ten (10) days' n

by registered mail to all known members of the Industry, 

vote either in person or by proxy. The members of the Su

tary Code Authority first elected shall serve until the 

annual meeting of the Association, and thereafter, memb

t

Supplementary Code Authority shall be elected at eac

meeting of the Association to serve until the following ann

m

ing. The members of the Supplementary Code Authority b

elected in the following manner:

(a) One member who shall be a. member of the Indu

b

majority vote of all members of the Industry present in p

by proxy, each member to have one vote. by majority bers of on for dar (b) (c) proxy, the each year Three One basis the one rported vote of each member Association, thousand of members member one all to who votemembers the (1,000) by to Supplementary present is for have a not fifty-one each of gallons one a the in person member member vote. Industry, percent of Code sales in of and or the (51%) Authority; present in by one the Associa

proxy, additprevivote bpm
7

however, that no one member may cast more than 33% per

total number of votes cast.

A vacancy in the membership of the Supplementary CoA

thority may be filled by a majority vote of the remaining m

of the Supplementary Code Authority, provided, however, t

right to vote, as set forth above, shall be subject to the lim

provided in Section 4 of this Article.

In addition thereto the Administrator may appoint a me

the Supplementary Code Authority who shall be without vot

representative who may be appointed by the Adininistrato

be given reasonable notice of all meetings and may sit at all m

of the Supplementary Code Authority.

SECTrON 2. Any Association directly or indirectly particip

the selection or activities of the Supplementary Code A

shall (1) impose no inlequitable restrictions on membership, 

shall use due diligence in subimitting to the Administrator tru

of its Articles of Association, By-Laws., Regulations and any 

nients when made thereto, together with such other inform

to membership, organization, aind activities as may be rea

necessary to effectuate the purposes of the Act.

SECTIoN 3. In order that the Supplementary Code Authori

at all times, 1 ;e truly representative of the Tndustry and i

respects comply with the provisions of the Act, the Adm in

may prescribe such hearings as he may reasonably deem prop

thereafter, if he shall find that the Supplemnentary Code A

is not truly representative or does not in other respects comp

the provisions of the Act, may require the removal of any o

t

members thereof and may make an appropriate modification om

fications in the method of selection of the Supplementar

Authority.

SECTION 4. The Supplementary Code Authority is hereby 

tuted the agency to administer the provisions of this Supplem

Code, and through a confidential agent. to collect and distri

statistical reports of the Industry. With a view to keept

President informed as to the observance or non-observance t

Supplementary Code, said agency shall collect through its c

tial agent such statistics as are called for by the President an

t

Administrator and send them in such form as the President 

the Administrator may require to the Fabricated Metal P

Federation, or successor organization as the agency admin

this said Basic Code.

SECTION 5. Nothing contained in this Code shall consti

t

members of the Supplementary Code Authority partners 

purpose. Nor shall any member of the Supplementary C

A

sance thority member, thority. thority, hereunder, under this dential SECTION or be agent, exercising non-feasance. officer, Nor liable 6. Supplementary be The shall liabe shall agent or in Supplementary reasonable any any also, to manner anyone member employee from time Code, diligence to for any except Code of anyone of the to the Authority, in for time, Supplementary action Supplementary the for his conduct any furnish own or through act omission twilful of of toC

an

ChithA
8

Code Authority, designated in said Basic Code, such in

as may be required to be furnished under the terms of s

Code.

SECTION 7. The Supplementary Code Authority shall ha

t

powers and duties which shall be necessary or proper to ent

fully administer this Supplementary Code and to effe

purpose. Without limitation to the foregoing or any other powers 

provided for in this Supplementary Code the Supplemen

Authority shall have the following specified duties:

(a) To adopt By-laws and rules and regulations for, 

k

records of its procedure and for the administration and en

of the Supplementary Code.

(b) To use such trade associations and other agencies a

proper for the carrying out of any of its activities pro

heroin, provided that nothing herein shall relieve the Supp

Code Authority of its duties or responsibilities under thi

mentary Code and that such trade associations and agen

at all times be subject to and comply with the provisions h

(c) To make recommendations to the Administrator for t

ination of the administration of this Supplementary Code 

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

(d) The Supplementary Code Authority shall have gene

p

and si.upervision over the enforcement of the provisions of t

plementary Code and they are hereby designated as the a

administering, supervising and promoting the observanct

provisions of this Supplementary Code, and shall have t

p

obtain from all members of the industry such data as may bn

sary for the complete administration of the provision

t

Supplementary Code.

(e) Each member of the Industry subject to the juris

this Supplementary Code shall pay to the Supplementary A

thority or its agent his or its proportionate share of th

necessary to pay the cost of assembling, analyzing, and p

of such reports and data and of the maintenance and op

the Supplementary Code Authority in connection with its 

relative to the administration of this Supplementary C

proportionate share to be based upon the net sales and/or 

equitable factors as the Supplementary Code Autho

prescribe.

(f) To cooperate with the Administrator in regulating tu

any NRA insignia solely by those members of the Induistry 

h

assented to, and are complying with, this Supplementary 

require that any article manufactured by those members t

dustry who have assented to and are complying with thi

Authority mentary of contrary such of unless SECTION a the Code action merits the Code to the or Authority Administrator 8. be agency If of shall suspended public sch the bear pending Administrator or action interest, agency theo approves and afford final NRA thethereof further action an orisignia. Administrator shall determine opportunity unless mayconsideration which bee shall unfair shall may for that nofail by invor rebautt
9

prove after thirty (ays' notice to him of intention to proce

such action in the original or modified form.

SECTION 9. Each neimber of the Industry subject to the juri

of this Code shall comply with all requirements of the Sup

tary Code Authority made or taken pursuant to the provisions 

t

Code, and the failure of any member of the Industry within a r

able time so to do, shall constitute a violation of the Code.

ARTICLE V-ACCOUNTING AND COSTING

With respect to that portion of his product which is wit

Indihstry, every eployer shall use an accounting system fo

mining his allowable cost which conforms to the principles 

is at least as detailed and complete, as, the uniform method 

counting, and the uniform method of costing, to be formul

b

the Supplementary Code Authority and approved by the A

trator.

ARTICLE VI-SELLING BELOW COST

No employer shall sell or exchange any product of the In

manufactured by him. at a price, or upon terms and con

which will result in the purchaser paying' for the goods r

less than the allowable cost thereof to the seller, determined in 

ance with a uniform method of costing above described; pr

however, that dropped lines, or seconds, or inventories whic

be converted into cash to meet emergency needs may be d

of by any employer, at any price and on any terms and con

but only if such eniployer, not less than two weeks before su

posal. has filed with the Supplementary Code Authority, 

nent in writing setting forth the fact of, and reasons fo

proposed disposal; and provided further, that the Supplem

Code Authority, upon application to it may grant permist

any employer to sell below his costs in order that he mam

competitive prices filed in accordance with the provisions of A

VII of this Supplementary Code, or to meet competition from p

ucts of equivalent design, character, quality, or specifications, 

factured outside the United States.

Provided further that no provision of this Code relating to p

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

trade or sales or shipments for Export Trade. Unless and t

extent that the Supplementary Code Authority shall otherw

termine, the sale of any products by any member of the In

for direct shipment to the Phillippines, Hawaii or Porto 

other insular possessions of the United States of America sh

be deenied export trade.

scribe after Supplementary discount and (a) in the showing Each suchsheet, effective member form his asCode as the current date ARTICLE the of Authority case of the Supplementary prices, this may VII-PRICE Industry Supplementary a be, ornet prices individually price shall LISTS Code andlist, within discounts, Authority Code, or prepared a ten price file (10anmwbthpt
10

of sale and payment, and the Supplementary Code Autho

immediately send copies thereof to all known manufacturer

specified product. Such price lists shall be available to all 

buyers at the office of the Supplenentary Code Authority.

Revised price lists and or discount sheets and/or all oth

tions of sale may be filed f1rom time to tiine thereafter with t

plementary Code Authority by any manufacturer of such p

to become effective upon the date specified therein, but :uc

r

price lists and/or discount sheets and 'or all other cond

sale shall be filed with the Supplementary Code Authoirity t

days in advance of the effective (late. Copies of such revi

p

lists and or discount sheets and/or all other conditions of 

notice of the effective date specified, shall be immediately s

t

known Manufacturers of such product, who are complying 

the provisions of this Supplementary Code, any of whom m

if lie so desires, to become effective upon the date when th

r

price list and or discount sheet and/or all other condition

first filed shall go into effect, revisions of his price list

discount sheets and/or all other conditions of sale establishi

p

or prices and discounts not lower or conditions of sale not m

vorable than those established in the revised price lists an

count sheets and/or all other conditions of sale first file

price lists shall be available to all interested buyers at t

of the Supplementary Code Authority.,

(b) No member of the Industry shall sell or exchange a

p

uct of the Industry at prices lower or discounts greater or 

m

favorable terms of payment than the price lists of such m

on file at the office of the Supplementary Code Authority 

provided. (c) The Supplementary Code Authority shall have pow

own initiative, or on the complaint of any employer, to 

gate any price or the terms of sale and payment for any p

shown in any price list and,/or discount sheet filed with t

plementary Code Authority by any employer. Each employer shall furnish the Supplementary Code A

for dis4ribution with such number of copies of his price lis

discount .heets as Supplementary Code Authority may p

ARTICLE VIlI--UNFAIR TRAE PRACTICES

In addition to the Unfair Trade Practices covered by A

V

of the Basic Code, excepting A, and for all purposes of t

plementary Code the following described acts shall constitu

u

practices. Any member of the Industry who shall directly 

rectly through any officer, employee, agent or representativ

u

employ of mamiifacturer ment shall including days from 1 RULE See this paragraph Supple-imentary any I. 100 be date ()ah of signed gallon 2 when of such of r8.-All order order received, by capacity unfair approving Code. the orders but purchaser. practices in and for this no shall delivery all Code. event orders be shall Orders exceeding accepted or at be not a for guilty date for tanks ninety exceediimmedrejecteof of a dbtutf
11

date of order shall be in the specified contract form prepared bt

Suppleenwiitarv Code Autihority suibject to the approval of thA

ministrator. Orders for tanks of up to and including 100 

capacity shall cover specified articles to be delivered on or b

thirty days from receipt of order and shall be priced at pr

effect at (ate of order. Orders for heater tanks sold to heater m

facturers shall cover specified articles to be delivered oni or b

a definite date within ninety days from date of order and s

b

priced at prices in effect at (late of order. Orders for tanks in 

of 100 gallon capacity for specified jobs shall be accepted at p

in effect at the date of receipt of order for delivery when the sp

job is ready.

RULE II. lt voices.-All sales shall be invoiced separately wt

date of shipment and such invoices, together with credit mem

and all other documents relating to the sale, shall clearly a

curately state all of the essential elements of the sale, inc

types and sizes of products, quantities, prices, credit terms, dis

allowances, date of order, date of shipment, and other pertin

formation. Copies of invoices. together with credit memoran

all other sales documents, shall, when requested, be filed wt

Supplementary Code Authority, and, in the event of a com

sworn copies of invoices, credit memoranda and all other sales 

ments shall be sent immediately to the Supplementary CodA

thority uipon its request. Failure to comply with any of the p

sions of this rule shall constitute unfair competition and a vi

of this Code.

RULE III. Standlardidation of Prodvcts.-The Supplemenutar

Authority shall make studies for the establishment of classific

dimensional standards and quality for the products of this 

try, in cooperation with sioe Federal Governent Agency

p

erably the Bureau of Standards of the United States, Departm

Commerce, with the view to their recommendation for adopt

b

this Industry; such standards when approved by a majority 

this Industry shall become the standards of this Industry 

ninety (90) (lays and thereafter the Industry shall follow 

standards.

RULE IV. Inspection.-It shall constitute unfair competition 

manufacturer to allow credit on a domestic sale for a defectiv

cle until the fact of such defect shall have been established b

authorized representative of the manufacturer and the goods re

to the manufacturer.

RULE V. Consigned Stocks.-It shall constitute unfair comp

to consign stocks of the products of this Industry to jobbers, p

ers or similar sellers, except under circumstances to be defib

the Supplementary Code Authority, subject to review and ap

nitions of require Authority When counts, made RULE the on Administrator, so the crdit for VI. theapproved shall, practice. the basis Definition terms, various with of by allowances such the were the classes of approval definitions Customers.-The Administrator, peculiar of or of customers other and the circumstances conditions Administrator, deviations quotations, within Supplementary of therefrom this the sale, priceset InInsub
12

constitute unfair methods of competition and a violation 

t

Supplementary Code.

ItRULEVII. D;.c1(iminatton.-It shall constitute unfair com

for a manufacturer to discriminate in prices, terms, discounts

ances, guarantees, or in any other way between purchasers 

t

same class whether the material is sold for purchaser s st

specific building operations, for federal, state, county or in

government, or for any other specific purposes; provided, h

that nothing in this code shall be construed to prevent any 

facturer from selecting his own customers in bona fide trans

RULE VIII. Ri ((ciret )UtC. S-Withholding from, or inserting in the

invoice, Or other sales documents, facts which make said do

false records, wholly or in part, of the transaction represented t

face thereof. and, or payment or allowance of secret rebates, r

credit, unearned discounts whether in the form of money o

wise, or the extension to certain purchasers of services or pr

not extended to all purchasers of the same class under like te

conditions, constitutes unfair competition.

RULE IX. Po8t-Datbin and Pre-Dating.-Post-dating or p

ing quotations, orders, invoices, statements or other sales do

is u1..uallv done for the ptirpose of facilitating unfair com

and is itself hereby declared to constitute unfair competition

RULE X. iwulIung Breca(J of Contract.-Inducing or atte

to induce the breach of a contract between a competitor and h

tomeir during the tern of such contract, constitutes unfair 

tion. Provided, that nothing in this Rule shall be taken to p

a party who has quoted on the material involved from callint

attention of the purchaser, even though the order has been p

and accepted, that the list of materials for which the order hb

placed does not conform in size, quantity or quality to the 

which the quotations were solicited.

RULE XI. L'ump SUm BLdding.-Quoting a total price 

schedule of dissimilar materials which does not show, or w

i

lower than the sum of the regular unit prices of the articl

Prising the schedule, constitutes unfair competition. Where 

tiele consists of two or more parts which themselves are co

units by the Industry, the unit price of the combination artic

not be less than the sum of the unit prices of the articles whi

pri -e it and the invoice shall list each item separately with its 

RULE XII. Trade Jiarking.-All products of the Indus

cepting parts, shall be plainly branded or marked for ident

with a name or trade-miark, in addition to a label, if any, t

b

file with the Secretary, in order to avoid deceiving purch

prospective pmrchasers. Misbranding or failure to brand co

unfair competition. sell chasers invoice, size expensive, than price RULE RULE any or substance specified and or XIII. XI\.product constitutes prospective clearly of better wihout making the M'xrcpriX( Substituton.-The of of indicating the unfair such or purchasers Industry inferior product, tat competition. ion.-Advert the (quality, in nature as furnishing constitutes proper adjustments such to the or of a of isi manner quantity, m(g, the of unfair larger selling articles substitution as compet

to or qualityin or decemorsmathe oftpt
13

RULE XV. ConnerWial Bribery.-No member of the 

shall give, permit to be given, or directly offer to grive, 

of value for the purpose of influencing or rewarding the 

any employee, agent or representative of another in relatio

t

business 4 the einployer of such employee, the principal 

agent or the represented party, without the knowledge (of 

e

ployer, principal or party. Connercial bribery provisio

not be construed to prohibit free and general distribution o

coMMnonly used for advertisino- except so far as such art

actually used for commercial bribery as hereinabove define

RUL: XVI. Protection.-The sale of materials under a

of guarantee against decline in the price of said product, c

unfair competition.

ARTICLE IX-MODIFICATIoN

SECTION 1. The President may from time to time cancel o

any order, approval, license, rule or regulations issued unde

of the National Industrial Recovery Act.

SECTION 2. This Supplementary Code, except as to provi

r

quired by the Act, may be modified on the basis of expe

changes in circumstances; such modification to be based u

plication by the Supplementary Code Authority or other re

tive group within the Industry, to the Administrator and su

n

and hearings as he shall specify; and to become effective, p

of this Code, on approval by the President.

ARTICLE X-PRICE INCREASES

Whereas the policy of the Act to increase real purchasin

p

will be made impossible of consummation if prices of goods 

ices increase as rapidly as wages, it is recognized that price i

except such as may be required to ieet individual cost s

b

delayed. But when made such increases should, so far as pob

limited to actual additional increases in the seller's costs.

ARTICLE XI-MONOPOLIES

No provision in this Code shall be interpreted in such a w

t

permit conduct or operations tending to promote monopol

t

eliminate or oppress small enterprises, or to discriminate 

them.

ARTICLE XII-EFFECTIVE DATE AND DURATION

This Supplementary Code shall become effective at 12: 0

A.M. Eastern Standard Time on the tenth day after it is 

Act, has by the earliest lamation, emergency recognized Approved Registry the President ended. No. or Code date the 1129-1-14. No. prior Congress and 84-Supplement shall by thereto Title shall, continue on I by of No. 0which the joint 14. in National effect the resolution President until Industrial June declare shll,16bpt
uIIjHRSITY OFFLRD

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