Approved Code No. 201-Supplernent No. 7 Registry No. 1327-3-03 

NATIONAL RECOVERY ADMINISTRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

RADIO WHOLESALING TRADE 

(A Division of the Wholesaling or Distributing Trade) 

AS APPROVED ON APRIL 21, 1934 

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WE DO OUR PART 

A I A_._ __ 

U.S. DEPOS"iTO l 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. • • • • • • • - Price 5 cenw 

v . 
This publication is for sale by the Superintend nt of Documents, Government 

Printing Office, Wa hington, D .C., and by di trict offices of the Bureau of Foreign 

and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga. : -0-1 Po. t Office Building. 

Birmino-ham, Ala.: 257 Federal Building. 

Boston, l\Ia s. : 1 01 Customhouse. 

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

Charleston, .C. : Chamber of Commerce Builcling. 

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

leveland, Ohio: Chamber of Commerce. 

Dalla , T x.: Chamber of Comm r ·e Building. 

Detroit, l\lich. : 801 First National Bank Building. 

Hou ton, Tex.: hamber of Commerce Building. 

Indiana11oli , Ind. : hamber of Commerce Building. 

J acksonville, Fla.: hamber of Commerce Building. 

Kan a City, l\lo. : 1028 Baltimore A venue. 

Los Ano- le~. alif.: 1163 South Broadway. 

Louisvill e, Ky.: 40 Federal Buildin . Memphis, T nn.: 229 Federal Building. 

Minneapoli., l\Iinn.: 213 Federa l Building. 

New Orleans. La.: Room 225-A, u:tomhou. e. 

N w York. N.Y.: 73-1 Cu tornbou. e. 

orfolk, Va.: 406 East Plume Street. 

Philadelr hia, Pa.: 422 Commercial Tm ·t Building. 

Pitt. burgh, Pa. : hamber of Comm rce Building. 

Portland, Or g.: 215 New Po t Office Building. 

t. Loui , l\Io.: r-::06 Olive Street. 

San Franci co, alif. : 310 Cu.~tomhou..:e. 

Seattle, Wa h.: 809 Federal Office Building. 
Approved Code No. 201-Supplernent No. 7 

SUPPLEMENTARY CODE OF FAIR COMPETITION 

FOR THE 

RADIO WHOLESALING TRADE 

As Approved on April 21, 1934 

ORDER 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE RADIO ,v-HOLESALING TRADE 

A DIVISIO:N" OF THE WHOLESALING OR DISTRIBUTING TRADE 

An application having been duly made pursuant to and in full 

compliance with the provisions 0£ Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Supplemental Code of Fair Competition for the Radio vVholesaling Trade 

to the Code of Fair Competition for the Wholesaling or Distributing 

Trade, and hearings having been duly held thereon and the annexed 

report on said Supplemental 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 Supplemental 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 Supplemental Code of Fair Competition be and it is hereby 

approved. 

Approval recommended: 

II. o. ICING, 

HUGH s. JOHNSON' 

Administrator for Industrial Recovery. 

Division Adniini-strator. 

w ASHINGTON, D.C., 

April fl, 1934. 

64395°-482-140-34 (1) 
REPORT TO THE PRESIDENT 

The P RESIDENT, 

Th e lVhite House. 

Srn: This is a report of the Hearing on the Supplemental Code of 

the Radio Wholesaling Trade to the Code of Fair Competition for 

the Wholesaling or Distributing Trade conducted in Room 2062-66, 

Commerce Building, on February 24, 1934. The Supplemental Code 

which is attached was presented by duly qualified and authorized 

representatives of the Trade, complying with the tatutory requirements, said to represent 56 percent in number and 76 percent in 

volume of the Trade which could be included in this Code. 

THE TRADE 

Available cen us figures do not pecifically classify the Radio 

Wholesale busines as uch. According to statistics furnished by 

member of the Trade, there are approximately 500 concerns en-

~aged in it. Their total annual sales in 1929 amounted to approximately four hundred and twenty-five million dollars, and in 1933 

to seventy-five million dollars. The Trade employs about 4500 

persons. 

PROVISIONS OF THE CODE 

Since this Code is supplemental to the General Code of Fair Competition for the Wholesaling or Di tributing Trade, it contains no 

labor provisions. 

The provisions containing supplemental definitions are inclusive 

and accurate. 

The upplement to the administrative provisions, establishes a 

Divisional Code Authority for this Trade, which is fairly and adequately representative of the different elements in the Trade. According to the most accurate available statistics, the Radio Wholesalers Association contains among its membership or is authorized 

to represent in the administration of the Code, 56 percent of the 

total number of concerns in the Trade. Its members sell approximately 76 percent of the total volun1e. The selection of nine representatives of the Code Authority by the As ociation and three representatives by non-member of the A· ociation, therefore, seems to be 

fair. 

The Trade Practice rules contained in the Supplemental Code are 

not in any respect objectionable and are designed to promote fair 

dealing in the Trade. 

FINDINGS 

The Deputy Administrator in his final report to me on said Code 

having found as herein set forth and on the basi of all the proceedings in this matter; 

(2) 
3 

I find that: 

(a) Said Code is ,vell designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of ob tructions 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 purpose 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 practice, 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 

relieying unemployment, by improving standards of labor, and by 

otherwise rehabilitating industry. 

(b) Said Trade normally employs not more than 50,000 employees; 

and is not classified by me as a major industry. 

( c) The Code as a pp roved complies in all respects with the 

pertinent 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 a trade group truly representative of the aforesaid Trade; 

and that said group imposes no inequitable restrictions on admission 

to membership therein. 

( d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

( e) The Code is 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 of the economic process have 

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

Code. 

For these reasons, the Supplemental Code has been approved. 

Respectfully, . 

APRIL 21, 1934. 

HUGH s. JOHNSON, 

Administrator. 
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR 

THE RADIO \VHOLESALING TRADE 

A DIVISION OF THE WHOLESALil\ G OR DI TRIBUTING TRADE 

ARTICLE I-P RPOSES 

To further effectuate the policies of Title I of the ational Indu trial RecoYery ct, the following provi ion are established as a 

Supplemental Code of Fair ompetition for the Radio "\Vholesaling 

Trade to the Code of Fair Competition for the "\Vholesaling or Distributing Trade, as proYided by Article VI, Section 1 ( c) thereof, 

and uch supplemental Code shall be n id red a a part of and 

in connection with aid "ocle for the '\Vholesaling or Di tributing 

Trade; and both Codes shall be binding upon every member of such 

Radio " Tholesaling Trad . 

ARTICLE II-DEFI ITIONS 

Supplementing rticle II of the General od 

(a) The term ' Radio Apparatu. · ', as u ed herein, refers to 

Radio ReceiYing et ·, Televi ion R eiver , Radio Phonograph 

Combination , Phonograph ernplo3 incr Vacuum Tubes, Vacuum 

Tubes, and accessorie · and parts u eel indepencl ntly or integrally 

with all type of uch Receivers and Combination·. 

(b) The term "". hole a ler ' or " li tributor ", as used herein, 

is ¢1.efined but without limitation a an indiYidual, association, partnership, orporation or other firm, or a definitely organized division 

thereof, definitely organized to render and r ndering a general 

whole ale di tribution ervice and maintainino- and operating a 

wholesale warehou e erYice who i eno-ao-ed in the busine s of elling Radio Apparah'l throuo-h ale. men, aclYerti ing and/ or ales 

promotion device. at whole ale, princi1 ally to dealers for resale to 

ultimate consumer ; but does not sell in ignificant amounts to 

ultimate consumers. 

( c) The term "the Trade", as u ed herein, i defined to mean the 

bu ine s engaged in by wholesalers or distributors as above defined. 

( d) The term " dealer", as used herein is defined, but without 

limitation, as an individual, association, partner hip, corporation, or 

other firm, or a definitely organized divi ion thereof, operating as a 

retailer of Radio Apparatus selling direct to the ultimate consumer. 

( e) The ' Radio Wholesalers Association, Inc.", hereinafter called 

the R.W.A., is defined to be the National Association of Radio Distributors which is sponsoring this Supplemental Code. 

(f) The term" District Agency", as u ed herein, is a body authorized by the Divisional Code Authority to repre ent it in the various 

geographic districts in the manner provided in Article III. 

(4 ) 
5 

(g) The term "Divisional Code Authority", as used herein, shall 

mean the Divisional Code Authority for the Radio Wholesaling 

Trade, a division of the "Wholesaling or Distributing Trade. 

( h) The term " General Code ", as used herein, shall mean the 

Code of Fair Competition for the Wholesaling or Distributing Trade. 

ARTICLE III-Amur~ I STRATION 

Supplementing Article VI, Section 2 ( e) of the General Code. SECTION 1. Divisional Code Authority Membership.-(a) The 

Divisional Code Authority shall consist of twelve members of the 

Trade: one (1) to be the President of the R.,V.A.; one (1) to be 

the Executive Vice President of the R.W.A.; seven (7) to be chosen 

by the Board of Directors of the R.W.A. to represent its members 

in various geographical sections of the country; and three (3) members to be chosen from. members of the Trade who are not members of 

the R.vV.A., in a manner to be approved by the Administrator. 

(b) The Membership of the Divisional Code Authority may be 

increased or contracted, with the approval of the Administrator, 

upon the recommendation of the Divisional Code Authority that the 

geographical subdivision of the country requires such readjustment. 

( c) The Administrator, or the Board of Directors of the R.,v.A. 

with the approval of the Administrator, may remove and replace for 

non-feasance, malfeasance, or misfeasance in office such members 

of the Divisional Code Authority whom it previously chose and 

appointed. 

SECTION 2. Powers and Duties.-The Divisional Code Authority 

shall have the following duties and powers in addition to those stated 

in the General Code : 

(a) To elect officers and to assign to them such duties as it may 

consider advisable; to appoint subcommittees; to provide rules for its 

own procedure; to organize District Agencies which shall be representative of members of the Trade in such geographical sections of 

the country as it may designate, and, with the approval of the 

Administrator, delegate thereto such powers and duties as it deems 

necessary for the proper administration of this Code, provided that 

nothing in this subsection (a) shall be construed to relieve the 

Divisional Code Authority of any of its duties and responsibilities 

as such. 

(b) To cooperate with the Administrator in regulating the use of 

the National Recovery Administration Code Insignia solely by those 

members of the Trade who are complying with this Supplen1ental 

Code. 

( c) To initiate, consider and make recom111endations for the modification or amendment of this Supplemental Code. 

( d) To appoint a Trade Practice Committee which shall meet with 

the Trade Practice Committees appointed under such other Codes 

as may be related to the Trade, except other Supplemental Codes 

governing the several divisions of the Wholesaling or Distributing 

Trade, for the purpose of formulating fair trade practices to govern 

the relationships between production and distribution employers 

under this Supplemental Code and under such others to the end that 

such fair trade practices may be proposed to the Administrator as 

amendments to this Supplemental Code and such other Codes. 
6 

SECTION 3. Administrative Review.-If the Administrator shall 

determine that any action of the Divisional Code Authority or any 

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 Divisional Code 

Authority or agency, pending final action, which final action 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 its original or modified form. 

SECTION 4. Liability of Divisional Code Authority.-Nothing 

contained in this Code shall constitute the member of the Divisional 

Code Authority partners for any purpose. or shall any member 

of the Divisional Code Authority be liable in any manner to anyone 

for any act of any other member, officer, agent, or employee of the 

Divisional Code Authority exercising reasonable diligence in the 

conduct of his duties hereunder nor be liable to anyone for any action 

or omission to act under the Code, except for his own willful misfeasance or nonfeasance. 

SECTION 5. District Agencies.-(a) District Agencies shall consi t of not less than three members of the Trade operating within 

each trading area involved. The ame proportion of members of the 

Trade not members of the R.W.A. shall be selected to membership 

in each District gency as are on the Divisional Code Authority, 

provided that at lea tone non-member of the R.W.A. shall be selected 

to member hip in each uch Agency and provided, further, that 

this provision shall not pr vent adjusting the selection of a District 

Agency in uch a manner that it shall be repre entative of the members of the Trade in a particular district where a representative 

number of such members of the Trade may not be members of the 

Radio Wholesalers Association. (b) In any in tance where a member of a Di trict Agency is the 

object of investigation or complaint, the other agency members shall 

choo e a substitute to act in his stead. 

ARTICLE IV-TRADE PRACTICE 

upple1nenting Article VI I of the General Code. 

SECTION 1. Sitbte1'fuge.-lt shall be an unfair trade practice for 

any member of the Trade to employ subterfuge, directly or indirectly, to avoid or attempt to avoid the provisions of this Code or 

the purposes and intent of the National Industrial Recovery Act, 

which are to increase employment, provide better wages, promote 

fair competitive methods, better business conditions, and promote 

the public welfare. SECTION 2. Protection to Dealers.-Members of the Trade shall 

not discriminate, directly or indirectly, between dealers in services 

rendered or in di counts or net prices extended· provided that nothing herein shall prohibit quantity discounts. 

SECTION 3. Cost arid P1"ice Provisions-

(a) Selling Below Cost.-lt is considered an unfair method of 

competition and inimical to best public interest for any member of 

the Trade to sell any item below cost except as permitted in paragraph (b) of this Section. Cost, for the purposes of this Section, 
7 

shall be the net-invoice purchase price, plus transportation charges 

to the wholesaler's warehouse, and, when ascertained by the Administrator, upon the recommendation of the Divisional Code Authority, 

to include a reasonable amount for direct labor costs entailed in the 

sale and deli very of the merchandise and the collection of accounts by 

the member of the Trade. 

(b) Dropped Lines.-Dropped lines or surplus stocks, sometimes 

designated as "closeouts", held by any member of the Trade, or inventories which must be converted into cash to meet immediate needs, 

may be sold at such prices as are necessary to move these stocks 

into buyers' hands. However, all such stocks must first be reported 

to the District Agency at least two weeks prior to the offer of sale, 

listing the de.scriptions, quantities, and minimum acceptable prices 

of such stocks and reasons for such sale. The member shall certify 

that he is acting in good faith. The District Agency shall act upon 

such report within one week after its receipt and shall approve the 

sale unless it finds that the same will not conform to any one of 

the conditions of this paragraph, in which event it may recommend 

disapproval of such sale to the Divisional Code Authority. If the 

Divisional Code Authority shall disapprove the finding of such District Agency, it shall at once notify the member of the Trade and 

the District Agency that such sale may be made; if the Divi.sional 

Code Authority approves the finding of the District Agency it shall 

recommend the disapproval of the sale to the Administrator. The 

Administrator, acting upon such recommendation, may order the 

sale prohibited. If the proposed sale is not prohibited by the Administrator before the date .scheduled for the sale, the member of 

the Trade shall have the right to proceed to sell such stocks in 

accordance with the terms of the report originally filed. Such 

stocks when sold shall be plainly and completely described in the 

invoice and/ or advertising as to its "closeout" character. 

(c) Terms and Oash Discounts.-Terms of sale shall not be more 

favorable than 2% as a cash discount ( except when anticipated), or 

net 30 days from the date of each invoice. The date of each invoice 

shall be the shipment date. The cash discount period shall be fixed 

by each District Agency for its District and filed with the Divisional 

Code Authority, which may, with the approval of the Administrator, 

upon review, secure revision of any period so fixed. No cash discount shall be granted after the time so fixed shall have expired or 

where payment is made by any instrument that does not mature 

within the cash discount period. Nor shall any added discounts 

greater than 6% per annum be allowed for anticipation of payment, nor where the customer owes an unpaid balance unless the 

whole of such balance be disputed in good faith. Where settlement 

is made in the form of notes or their equivalent, interest shall be 

charged at the rate of 6% per annum from the net due date. Provided, however, that in both the above cases if the legal rate of interest in the State governing the contract be less, such rate shall apply. 

( d) Filing of Price Schedules.-Should any District Agency find 

that a two-thirds majority of all the members of the Trade in its 

district desire to file their Price Schedules, the District Agency shall 

require all of the members of the Trade operating in its district to 

file with it their Schedules of prices, discounts, terms, and all allow-
8 

ances, setting forth a specific date for such filing. Such schedules 

shall become effective upon the date of filing fixed by the District 

Agency which shall immediately make such schedules available to 

all members of the Trade in that District and to such other inter• 

ested parties in that district as may request them and pay the cost 

thereof. Any member of the Trade may rm ise his schedules by 

filing such revision with the District Agency in writing, whereupon 

such revision shall become effective immediately and notice thereof 

~iven to all members of the Trade in that District and to such other 

interested parties as may reque t them and pay the cost thereof. It 

shall be an unfair trade practice for any member of the Trade to sell 

or offer for sale goods at prices lower than those which he then has 

on file. 

( e) Rebates or Subsidies.-A member of the Trade shall not 

directly or indirectly, offer to pay premiums, bonuses, or subsidies, 

nor pay any of the operating expenses of a dealer's business; nor 

pay the salaries, wages, and/or commissions of a dealer's employees; 

nor pay any bonuses or compensation to a dealer's salesmen for the 

purpose of having the dealer or dealer's sale men favor or push the 

sale of any specific products over those of a competitor; nor furnish 

the services of its own employees for the purpose of relieving the 

dealer of the expense of simila_r employees as a subterfuge or rebate; 

nor pay for local dealer advertising and/ or sales promotion plans 

beyond the amount set forth under Sections 4 and 5 of this Article. 

SECTION 4. Sales Pr01notion Pilans.-Any member of the Trade 

may carry out any legitimate sales promotion plan involving prizes 

( other than money) to his dealers' sales organizations provided 

that the plan is available on equal terms to all of his dealers and 

dealers' employees, in an area within a particular district; provided, 

however, that the amount so expended by the member of the Trade 

for such sales promotion plan shall not exceed 1 % of his total net 

sales to his dealers on radio apparatus within the current fiscal year 

of the member of the Trade. 

SECTION 5. Cooperative Advertising.-Subject to the limitations 

herein provided, members of the Trade may cooperate with dealers 

in the use of local advertising: · 

(a) Allowances.-A distributor shall not contribute to the cost of 

cooperative manufacturer-distributor-dealer advertising in an amount 

in excess of the _amount contributed by the dealer or the manufacturer, nor shall the contribution by the distributor in such arrangements be more than one-fourth the total cost of such advertising, 

regardless of the amount of the manufacturer's contribution, provided that nothing in this paragraph shall be construed to prevent 

cooperative advertising arrangements between distributors and 

dealers, but the amount so expended by the distributor shall not be 

greater than one-half of the dealer's cost of such advertising; ~rovided, further, that not more than a total of 21⁄2% of a distributor's total net sales of radio apparatus to his dealers for his current 

fiscal year shall be expended £or both types of such cooperative 

advertising. 

Members of the Trade shall require of all dealers taking advantage 

of the cooperative advertising plans, a proper written statement certifying to the correctness of the dealer's advertising rates as being the 
9 

fair current contract rate. Allowances paid by the member of t~e 

Trade for such cooperative advertising shall be based only on certified statements covering actual cost of broadcasting, or of the actual 

~pace used in newspapers, publications, billboards, placards, theatre 

screens, or other customary public media. The cost of any mechanical set-up and art work as well as cuts, make-ready, or other similar 

items, other than standard advertising mats or cuts supplied by the 

manufacturer, shall not be paid for by the member of the Trade. 

(b) Filmg.-Each District Agency may require the members of 

the Trade operating in its district to file their current cooperative 

advertising agreements with dealers, and any changes shall be filed 

prior to effectin~ such modifications. Copies shall be avajlable to 

other members or the Trade upon request. (c) Approvals.-Every member of the Trade shall haYe the right 

to supervise all advertising done under his cooperative advertising 

agreements as to media, layout and copy. 

( d) Cooperative Anticipations.-Where a dealer anticipates his 

cooperative advertising accrual , the member of the Trade shall not 

accept the liability beyond the actual accruals against genuine purchases shipped and invoiced within a period of time previously 

agreed upon, but not to exceed the immediately following six consecutive months. Over-expenditures by the dealer beyond the actual 

amount available in the specific plan the member of the Trade is 

:following, shall not be paid by the member of the Trade. 

(e) Rules of Fair Advertising.-It shall be an unfair trade practice :for any member of the Trade to contribute in any manner to 

cooperative advertising of his products which doe not conform with 

the following rules : 

(1) Tubes being an essential accessory to a Radio Receiver, all 

such advertisements of Radio Sets shall specify that the price, if 

quoted, includes a complete set of tubes. The brand of such tubes, 

where they are other than the tubes originally supplied with the 

receiver by the manufacturer, shall be named. The word" complete" 

used in connection with a receiving set advertised at a specific price 

must mean that all tubes and other accessories necessary for the 

operation of the set are included, except outside aerial or the installation th reof. 

(2) li\There an ad,·ertisement contains an illustration, the illustration shall correctly portray the model advertised, and the price (if 

quoted) and the description of such model shall be correctly set forth, 

and by their prominence and location shall clearly apply to the 

appropriate illustration. · 

(3) No materially inaccurate misleading ·statements, or ambiguous 

statements regarding radio performance claims, amount of trade-in 

allowances, down payment. or terms, or false reference to " no 

interest charges" on installment sales shall be u eel in any 

advertisements. 

( 4) These Rures of Fair Advertising shall apply to, but without 

limitation, newspaper and periodical advertising, window signs and 

displays, banners, circular matter, posters, broadcasting, and any 

other type of advertising. 

SECTION 6. 0 onswrner and Dealer Service.-N o member of the 

Trade shall render any . ervice which .should ordinarily be rendered 

by the dealer without charging the dealer a reasonable price therefor. 
10 

On new merchandi e "·hich i found to be defectiYe or where error 

has been made in design or manufactun•., the distributor shall give the 

dealer the benefit of the manufacturers tandard warranty, and in 

addition thereto, whatever proYisions the manufacturer make for 

additional compensation and/ or expense covering the replacement 

of such defective parts or apparatus. SECTION 7. Vacwrn Tube ales.-The Divi ional ode Authority 

within 90 days from the effective date of this Supplemental Code 

shall make recommendations pertaining to the regulation goYerning 

the distribution and ale of tube by members of the Trade, which 

the Admini trator may appro-ve after uch notice and hearing as he 

shall specify. 

ARTICLE V-EFFECTIYE DATE 

This Supplemental Code shall become effective on the tenth day 

after its approval by the Administrator. 

ApproYed Code No. 201- uppl rnent No. 7 

Registry No. 1327-3-03 

0 

UN IV ER SIT Y OF FL O RIDA 

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