Approved Code No. 237-Amendment No. 2 Registry No. 1201-1-02 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

ALLOY CASTING INDUSTRY 

AS APPROVED ON AUGUST 29, 1934 

WE DO OUR PART 

UNITED ST ATES 

GOVERNMENT PRINTING OFFlC]] 

WASHINGTON: 1934 

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Approved Code No. 237-Amendment No. 2 

AlVIENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

ALLOY CASTING INDUSTRY 

As Approved on August 29, 1934 

ORDER 

APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE ALLOY 

CASTING 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 an amendment to a Code of Fair Competition for the Alloy Casting Industry, 

and opportunity to be heard thereon having been duly noticed to all 

interested parties, and the annexed report on said amendment containing findings with respect thereto having been made and directed 

to the President: 

NO,V, THEREFORE, on behalf of the P resident of the United 

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

pursuant to authority vested in m.e 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 amendment 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 of said Act, and do hereby order that said amendment 

be and it i hereby approved, and that the previous approval of 

said Code is hereby modified to include an approval of said Code 

in its entirety as amended, such approval and such amendment to 

take effect ten (10) days from the date hereof, unless good cause 

to the contrary is shown to the Administrator before that time and 

the Administrator issues a ub equent order to that effect. 

Approval recommen led: 

HUGH 8. JOHNSON, 

Administrator for Industrial Recovery. 

BARTON w. MUP.RAY, 

Division Administrator. 

w ASIDNGTON, D.C., 

Ay,gust f9, 1934. 

83462°-1044-141-&4 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The 1V hite House. 

Srn : Thi i a report on an amendm0 nt to the Code of Fair Competition for the Alloy Casting Industry, the Code having been appro-\ eel by my Order of January 30, 1934. 

Notice of opportunity to be heard on this amendment was duly 

po..,ted to all interested parties providing a.n opportunity to file 

objections and no objections were received during this period. 

The Code i amended to provide that willful destructive price 

cutting i an unfair method of competition and i forbidden an l the 

amendment further provides for the e tablishment of minimum 

prices during the period of emergency. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said amendment to aid Code having found as herein set forth and 

on the basis of all the proceedings in this matter: 

I find that: 

(a) The amendment to said code and the Code as amended are 

-well de ·igned to promote the policies and purposes of Title I of the 

rational Indu~trial RecoYery Act including th-e removal of ob tructions to the free fl.ow of inter tate and foreign commerce which tend 

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

welfare by promoting the oraanization of indm:~ry f or the purpose 

of cooperative action of labor and management under adequate governm ntal anction and super-vision, by eliminating unfair competitive practice by promoting the fulle t po sibl utilization of the 

present pro luctiYe capacity of industries by avoiding undue restriction of production ( except a may be temporaril required) by increa ing the con umption of indu trial and agricultural products 

throuO'h increasing purcha ing power by r ducing and relievin · unemplo Tment by improving standards of labor, and b oth rwise 

rehabilitating industry. 

(b) The Code a amend d complies in all re pects with the pertinent provisions of aid Title of aid A t includino· without limitation ub- ction (a) of Section 3, ub- tion (a) of Se tion 7 and 

sub- ection (b) of ction 10 th r of. 

( c) The am n<lm nt and th d a am n l d ar not de i ·n d to 

ancl -w1ll not I <->rmit m nopolie r m n p listi I ractic . 

( 1) Th am ndm ,nt and th o l a am n led are n t desiO'n d to 

and will n t liminat r 1 pr . ·mall nt rpri and will not oprate to di rimina e aaain t th m. 

( ) Th nga o- d in th r tep. f th conomi pr e haY not 

Leen c1 I riYecl of th rio-ht to b h arcl prior to appro al of aid 

n endmcnt. 

(2) 
3 

For the e reason , therefor , I have ap1 roved thi amen lment, such 

am ndm nt to tak effect ten (10) day from the date hereof, unless 

good au e to the contrarv i sh wn and I i ue ub equent order to 

that effect. 

Re pectfully, 

A -GUST 29, 1934. 

H UGII s. JOH TSON 

Administrator. 
.A.MEND 1ENT TO CODE OF FAIR COMPETITION FOR 

THE ALLOY CASTI G I D STRY 

A.mend Article VII by adding the :following new Section: 

ECTION 2. The standard of fair competition for the indu try with 

reference to pricing practices are declared to be as follows: 

(a) Wilfully destructive price cutting is an un:fair method of 

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

any other industry or the customer of either may at any time 

complain to the Code Authority that any filed price constitutes 

unfair competition as de tructive price cutting, rmperiling small 

enterprise or tending to\\"ard monopoly or the impairment of code 

wages and "\\orking conditions. The Code Authority shall within 

5 day afford an opportunity to the member filino- the price to 

answer such complaint and hall within 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 referr d to the Research 

and Planning Division of .L .R.A. "hich hall render a report and 

recommendation thereon to the Administrator. 

(b) When no declared emergency e:xi ts as to any o-iven _product, 

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

that ound cost estimating methods should be used and that consideration should be given to costs in the determination of pricing 

policies. ( c) When an emergency exists a to any given product, sale below 

the tated minimum price of such product, in violation of Section 3 

hereof, is forbidden. 

SE TION 3. Emergency Provi,sions.-(a) If the Administrator, 

after inve tigation shall at any time find both (1) that an emergency ha ari en within the indu try adver ly affecting mall enterpri es or ""IT"ages or labor condition or tending toward monopoly or 

othe:r acute condi'·ions which tend to defeat the purposes of the act; 

and (2) that the determination of the tated minimum price for a 

pecifi d product within the indu try for a limited period is necesary to mitio·ate the conditions con titutina uch emergency and to 

effectuate the purposes of the ct, the C de uthority may cau e 

an impartial agency to inve ti.gate co ts and to recommend to the 

dmini trator a d termination of the tat d rninmium price of the 

product ail' ted by the emergency and thereupon the Administrator 

may Ir c ed to det rmine u h tated minimum price. 

(b) , h n the dmini tr a tor hall have determined uch tated 

minimum price :for a p cifi d produ t :f r a tat d p riod, which 

pri e hall be r ea onabl cal ulated to mitigate th ondition of 

u h em ro- nc and to e.ff tuat the purpo f the ational Industrial R co r t be hall publi h such price. Th reafter, durin 0 

such stated p riod, no memb r f the industry shall sell such speci-

(4) 
5 

fled products at a net realized price below said stated m1nun1vn 

price and any such sale shall be deemed de tructive price cutting. 

From time to time, the Code Authority may recommend review or 

reconsideration or the Admini trator may cau e any determinations 

hereunder to be reviewed or reconsidered and appropriate action 

taken. 

Approved Code No. 237-Amendment No. 2. 

Registry No. 1201-1- 02. 

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UNIVERSITY OF FLORIDA 

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