Approved Code No. 239-Amendrnent No. 2 Registry No. 312-04 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

COD_E OF FAIR COMPETITION 

FOR THE 

PORCELAIN 

BREAKFAST FURNITURE 

ASSEMBLING INDUSTRY 

AS APPROVED ON MARCH 21, 1935 

WE DO OUR PART 

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UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHING TON : 1935 

i'or sale by the Superintendent of Documents. Washington, D. C. - - - - - - - - • Price 5 cents 
This publicati n i fo r ale by the Supe rin tendent of Document , Government 

Printing Office, W L ·bington, D. '. , and by the following . R. A. offic 

Atlantn, Ga.: 625 Citizen & outhern National Bank Building. 

Baltimore, Md. : 130 Cu t mhouse. Birmin°·ham, Ala.: 201 Liberty National Life Building. 

Bo ton, Mas . : Room 1200, 80 F deral Str et. 

Buffalo. N. Y. : 219 Whit Buildin°·. Chicago, Ill.: Room 204, 400 N rth Michio-an Avenue. 

Clevelan l, Ohio. : 52 Bulkley Building. Da llas, Tex. : 1212 Republi Bank Building. 

D etroit, l\Iich. : 415 New Federal Building. 

H ou ton, Tex.: 403 l\Iilam Buildino-. 

J ack onville, Fla. : 425 United State Courthou e and Post Office 

Buildino-. 

Lo Ano-eles, Calif.: 751 Figueroa tr eet, South. 

Loui vill , Ky. : 408 Feel ral Builclin 0 • 

l\1inneapoli , Minn. : 900 Roanoke Building. 

Nashville, Tenn.: 415 Cotton State Building. 

Newark, N. J.: 434 Indu trial Office Building, 1060 Broad Street. 

New Orleans, La.: 214 Cu tomhouse. 

New York, N . Y.: 45 Broadway. 

Oklahoma City, Okla .: 427 Commerce Exchange Building. 

Philadelphia, P a . : 933 Commercial Trust Building. 

Pittsburgh, Pa. : 401 Law and Finance Building. 

Portla nd, Oreg. : 407 Park Building. 

Providen , R. I.: ational Exchange Bank Building, 17 Exchange 

Street. 

St. Loui , 1\10. : Suite 1220, 506 Olive Str et. 

San Fran isco, Calif. : Rumbolt Bank Building, 7 Iarket tr t. 

Seattle, Wash. : 1730 Excbano-e Building. 

(II) 
Approved Code No. 239-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

F OR THE 

PORCELAIN BREAKFAST FURNITURE 

ASSEMBLING INDUSTRY 

As Approved on March 21, 1935 

ORDER 

A PPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE 

P ORCELAIN BREAKFAST FURNITURE A SSEMBLING INDU STRY 

An application having been duly made fursuant to and in :full 

compliance with the provisions of Title I o the National Industrial 

Recovery Act, approved June 16, 1933, :for approval of an amendment to a Code of Fair Competition for the Porcelain Breakfast 

Furniture Assembling I ndustry, and an opportunity to be heard 

having been duly afforded to all interested parties and the annexed 

report on said amendment, containing findings with respect thereto, 

having been made and directed to the President; 

NOW, THEREFORE, on behalf o:f the President o:f 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 incorporate1 by reference, said annexed report and does find that said amend .. 

ment and the Code as constituted after being amended comply in, 

all respects with the pertinent provisions and will promote the policy 

and purposes of said title o:f 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 amended to include an approval of 

said Code in its entirety as amended. 

NATIONAL INDUSTRIAL RECOVERY BOARD, 

By W. A. H ARRIMAN, Administrative Officer. 

Approval recommended: 

J OHN w. UPP, 

Acting Division Adniinistrator. 

WASHINGTON, D . c., 

March 21, 1935. 

123252°-1603-109- 35 (1 ) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House. 

Srn: This is a report on the amendment to the Code of Fair 

Competition for the Porcelain Breakfast Furniture As embling Industry, to incorporate provisions governing open price filing and 

pricing practices. This amendment was proposed in accordance with 

Article IX of the Code as approved on July 27, 1934. Notice of Opportunity to be Heard was given from March 1, 1935 to March 

15, 1935. 

FINDINGS 

The Assistant Deputy Administrator 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 of all the 

proceedings in this matter : 

The Amendment of Part B of Article VII incorporates the provisions for open price filing and pricing practices as set forth in 

Office Memorandum No. 228, dated June 7, 1934. 

Findings: The Code as approved, contained provisions for price 

filing which have since been found inadequate. This amendment 

will clarify these provisions and bring said code more into line with 

established N. R. A. policy. 

GENERAL FINDINGS 

n h n r -

_) 
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( d ) The amendment and the Code as amended are not designed 

to and will not permit mono,polies or monopoli tic practices. 

( e) 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. ( :f) Those engaged in other steps o:f the economic process have 

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

amendment. 

For the National Industrial Recovery Board: 

w. A. HARRIMAN, 

MARcH 21, 1935. Admini,strative Officer. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE PORCELAIN BREAKFAST FURNITURE ASSEMBLING INDUSTRY 

Amend Article VII, by deleting Section 11 of P art B and adding 

the f ol,lowing Sections : 

"SECTION 11. Each member of the Industry shall file with a con- fidential and disinterested agent of the Code Authority, or if none, 

then with such an agent designated by the National Industrial Re- covery Board, identified li ts of all hi prices, discounts, rebates, al- lowances, and aU other terms or conditions, of sale hereinafter referred to as 'price terms', which lists shall completely and accurately conform to and represent the individual pricing practices of 

each member. Such lists shall contain the price terms for al.I such 

standard products of the Industry as are sold or offered for sale 

by said member, and for such non-standard products of said member as shall be designated by the Code Authority. Said price terms 

shall in the first instance be filed within ten days after the approval 

of this provision. Price terms and revised price terms shall become, 

effective upon receipt thereof by said agent. Immediately upon re- ceipt thereof, said agent shall by telegr:a1

ph, or other equally prompt 

means notify said member of the time of said receipt. Said lists and 

revisions~ together with the effective time thereof, shall upon receipt 

be immediately and simultaneously distributed to a,11 members of the 

industry, and to all their customers who have applied therefor and 

have offered to defray the cost actually incurred by the ode uthority in the preparation and distribution thereof, and be avail- able for inspection by any of their customers at the office of aid 

agent. Said lists or revisions, or any part thereof, hall not be 

made ava~lable to any person until relea ed to all memb r of the 

industry and their cu tamers, as aforesaid; provided, that price fil d 

in the first instance hall not be released until the expiration of the 

afor aid ten day period after the approval of thi amendm nt. 

The Code Authority shall maintain a p rman nt fil of all pri e 

term filed a herein provided, and shal,l not de roy un3 part f 

uch record except by written con ent of the ati nal Indu trial 

Re overy Board. Upon reque t th od u hority hall furni h 

to the ational Indu trial Re ry Board or any dul d icrnat d 

ao-ent of the Board, copi s of any u h li t r r i i n f I ri 

term. 

E TION 12. When any memb r of the in u tr ha fil d 

revi ion, uch m mbcr hall not fl.le a hio-h r pri ithin f 

ight ( 48) hour . 

E TIO 13. m mb r of h indu tr hall 11 

nn produ t f th indu tr r whi h I ri rm hav 

fil d pur uan to th pr vi i n f ti n 11 f Par B f 

II h reof, pt in a rdan i h u h t rm . 

E TI 14. o n mb r f h hall nt r int nn acrr -

m nt, und r tandin m inati fi r 111aint in 

pri tern n r au r a t mp f th Indu tr 

to hange hi pri t rm b h 
5 

other influence inconsistent with the maintenance of the free and 

open market which it is the purpose of Sections 11 of Part B of 

• Article VII hereof, to 16 of this Article to create. 

SECTION 15. The standards of fair competition for the industry 

with reference to pricing practices are declared to be as follows: 

(a) Wilfully destructive price cutting is an unfair method of 

competition, and is forbidden.- Any member of the industry, or of 

any other industry, or the custorn.ers of either, may at any time complain to the Code Authority that any filed price constitutes unfair 

competition as destructive price cutting, imperiling small enterprise, 

or tending toward monopoly, or the impairment of Code wages and 

working conditions. The Code Authority shall within five days 

afford an opportunity to the member filing the price to answer such 

complaint, and shall within fourteen (14) days make a ruling or 

adjustment thereon. If such ruling is not concurred in by either 

party to the complaint, all papers shall be referred to the Research 

and Planning Division of N. R. A., which shall render a report and 

recommendation thereon to the National Industrial Board. 

(b) When no declared emergency exists as to any given product, 

there is to be no fixed minimum basis for prices. It is intended that 

sound cost estimating methods shall be sued and consideration shall 

be given to costs in the determination of pricing policy. 

( c) vVhen an emergency exists as to any given product, sale below 

the stated minimum price of such product, in violation of Section 

16 hereof, is forbidden. 

SECTION 16. (a) If the National Indu trial Recovery Board, after 

investigation, shall at any time find both (1) that an emergency 

has arisen within the industry adversely affecting small enterprises 

or wages or labor conditions, or tending toward monopoly or other 

acute conditions which tend to defeat the purposes of the Act; and (2) 

that the determination of the stated minimum price for a specified 

product within the industry for a limited period is necessary to mitigate the conditions constituting such emergency, and to effectuate 

the purposes of the Act, the Code Authority may cause an impartial 

agency to investigate costs and to recommend to the National Indus~ 

trial Recovery Board a determination of the stated minimum price 

of the product affected by the emergency, and thereupon the Board 

shall proceed to determine such stated minimum price. 

(b) When the National Industrial Recovery Board shall have determined such tated minimum price for a pecified product for a stated 

period, which price shall be reasonably calculated to mitigate the 

conditions of such emergency and to effectuate the purposes of the 

National Industrial Recovery Act, it shall publish such price. Thereafter, during such stated period, no member of the industry, shall sell 

such specified products at a net realized price below said stated minimum price, and any such sale shall be deemed destructive price 

cutting. From time to time, the Code Authority may recommend 

review or reconsideration or the National Industrial Recovery Board 

may cause any determinations hereunder to be reviewed or reconsidered and appropriae action taken. 

Section 12 of Article VII, Part B, is renumbered to read Section 17. 

Approved Code No. 239-Amendment No. 2. 

Registry No. 312-04. 

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UNIVERSITY OF FLORIDA 

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