Approved Code No. 84Ll-Amendment No. 1 Registry No. 1113-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

COMPLETE WIRE 

AND IRON FENCE INDUSTRY 

(A Division of the Fabricated Metal Products 

Manufacturing and Metal Finishing 

and Metal Coating Industry) 

AS APPROVED ON JANUARY 22, 1935 

WE 00 OUR PAR'i' 

IIJ'ED ST A TES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1935 

For sale by the Superintendent of Documents, Washington, D. C. - - - - - - - - - Price 5 cents 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The White House, 

SIR: This is a report on the amendment of the Supplementary 

Code of Fair Competition for the Complete Wire and Iron Fence 

Industry, a Division of the Fabricated Metal Products Manufacturing and Metal Finishing and Metal Coating Industry, to incorporate 

the principles contained in Schedule "A" of Office Memorandum 

#228, dated June 7, 1934, relating to the filing of prices. This 

amendment was proposed in accordance with Article X of the Supplementary Code as approved on July 3, 1934, and Notice of Opportunity to be H eard was given from December 26, 1934 to January 

15, 1935. 

FINDINGS 

The Assistant Deputy Administrator in his final report on said 

amendment to said Supplementary Code having found as herein set 

forth and on the basis of all the proceedings in this matter : 

It is found that: 

(a) The amendment of the said Supplementary Code and the 

Supplementary Code as amended is well designed to promote the 

policies and purposes 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 purpose of cooperative 

action among trade groups, by inducing and maintaining united 

action of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive praotices, 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 relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. 

(b) The Supplementary Code as amended 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. 

( c) The Supplementary Code empowers the Supplementary Code 

Authority to present the aforesaid amendment on behalf of the 

Industry as a whole. 

(d) The Supplementary Code and the Supplementary Code as 

amended is not designed to and will not permit monopolies or 

monopolistic practices. 

(2) 
3 

( e) The amendment and the Supplementary Code as amended is 

not designed to and will not eliminate or o,ppress small enterprises 

and will not operate to discriminate against them. 

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

not been deprived o:f the right to be heard prior to the approval 

of said amendment. 

For these reasons, therefore, this amendment has been approved. 

For the National Industrial Recovery Board: 

JANUARY 22 1935. 

w. A. HARRIMAN' 

A d1nvnwtrat-ive O ffioer. 
• 

AMENDMENT TO SUPPLEMENTARY CODE OF THE 

COMPLETE WIRE & IRON FENCE INDUSTRY 

A DIVISION OF THE FABRICATED METAL PRODUCTS MANUFACTURING AND 

METAL FINISHING AND l\IETAL COATING INDUSTRY 

Amend Article VII as it appears in the Supplementary Code as 

approved on July 3, 1934, by deleting Sections 1, 2, and 3 thereof, 

and substituting therefor the following: 

SECTION 1. Each member of the Industry shall file with the Secretary, as the confidential and disinterested agent of the Supplementary Code Authority, identified lists of all of his prices, discounts, 

rebates, allowances, specifications, and all other terms or conditions 

of sale, hereinafter in this Article referred to as" price terms", which 

lists shall completely and accurately conform to and represent the 

individual pricing practices of said member. Such lists shall contain the price terms for all such standard products of the Industry 

as are sold or offered for sale by said member and for such nonEtandard products of said member as shall be designated by the Code 

Authority. Said price terms shall, in the first instance, be filed 

within ten (10) days after the date of approval of this provision. 

Price terms and revised price terms shall become effective immediately upon receipt thereof by said agent. Immediately upon receipt thereof, said agent shall by telegraph or other equally prompt 

means notify said member of the time of such receipt. Such lists and 

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

be immediately and simultaneously distributed to all members of the · 

Industry and to all of their customers who have applied therefor and 

have offered to defray the cost actually incurred by the Code Authority in the preparation and distribution thereof and be available 

for inspection by any of their customers at the office of such agent. 

Such lists or revisions or any part thereof shall not be made available to any person until released to all members of the Industry and 

their customers, as aforesaid; provided, that prices filed in the first 

instance shall not be released until · the expiration of the aforesaid 

ten day period. The aforesaid agent shall maintain a permanent file 

of all price terms filed as herein provided, and shall not destroy any 

part of such records except upon written consent of the National 

Industrial Recovery Board. Upon request the aforesaid agent shall 

furnish to the National Industrial Recovery Board or any duly 

designated agent of the said Board copies of any such li ts or 

revisions of price terms. 

SECTION 2. When any member of the Industry ha filed any revision, such member shall not file a higher price within forty-eight 

(48) hours. 

(4) 
5 

SECTION 3. No member of the Indu trv shall sell or offer to sell 

any products/ services of the Industry, £or which price terms have 

been filed pursuant to the provi ion. of this Article, except in accordance with such price terms. 

SECTION 4. No member of the Industry shall enter into any agreement, understanding, combination or con piracy to fix or maintain 

price terms, nor cause or attempt to cause any member of the Industry to change his price terms by the use of intimidation, coercion, 

or any other influence inconsistent with the maintenance of the free 

and open market which it is the purpose of this Article to create. 

The present Section 4 of this Article to be renumbered 5. 

Approved Code No. 84Ll-Amendment No. 1. 

Registry No. 1113-01. 

0 
UNIVER SITY OF FLO RIDA 

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