Approved Code No. 82-Amendment No. 3 Registry No. 1106-1-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

STEEL CASTING INDUSTRY 

AS APPROVED ON OCTOBER 2, 1934 

WE DO OUR PART 

UNIV. 01'· FL LIi. 

. -· -.... 

U.S. OE~TOlrf 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

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Approved Code No. 82-Amendment No. 3 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STEEL CASTING INDUSTRY 

As Approved on October 2, 1934 

ORDER 

APPROVING AMENDMENT TO 'THE CODE OF FAIR COMPETITION FOR THE 

STEEL 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 amendment to the Code of Fair Competition for the Steel Casting Industry, and notice of opportunity to be heard having been afforded 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 of the President of the United 

States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, and otherwise ; does hereby incorporate, by reference, said annexed report 

and does 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 does hereby order that said amendment be and it is 

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 National Industrial Recovery Board before that 

time and it issues a subsequent order to that effect. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By G. A. LYNCH, .Administrative Officer. 

Approval recommended: 

BARTON w. MURRAY, / 

Division .Adniinistrator. 

WASHINGTON, D. c., 

October 92, 1934. 

88926°-1244-:J--34 (1) 
REPORT TO TI-IE PRESIDENT 

The Pm:, IDEXT, 

Tl1 e 1Vliite Ilouse. 

m: Thi i a report on an am nclment to the Code of Fair C mpctition for the t.cel Casting In lu try. The opportunity to be 

heard ha been noticed to all interested parti s in accordance with 

tht> proYi ion of the National Industrial Recovery Act. 

The Code is amended to add a sch dule of unfair trade practic 

and a clau e on export sales with r eference to the :Mangan e Steel 

Casting group. 

FINDINGS 

The Assistant Deputy Administrator in his final report to us on 

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

on the basis of all the proceedings in this matter : 

"\Ve find that: 

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

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 of labor and management under adequate governmental sanction and supervision, by eliminating unfair competitive practices, 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 

rehabilitatino- industry. 

(b) The cfode as amended complies in all respects with the pertinent provisions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

( c) The amendment and the Code as amended are not designed to 

and '\\·ill not permit monopolies or monopolistic practices. 

( d) The amendment and the Code as an1ended are not designed 

to and will not eliminate or oppress small enterprises and will not 

operate to discriminate against them. 

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

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

amendment. 

For these reasons, therefore, we have approved this amen :lment. 

Respectfully, 

OCTOBER 2, 1934. 

NATION AL INDUSTRIAL RECOVERY BOARD, 

By G. A. LYNCH, Admiinistrative Officer. 

(2) 
A11END~fENT TO CODE OF FAIR C011PETITION FOR 

THE STEEL CASTING INDUSTRY 

AMENDl\fENT I 

Amend Article III, Section 1, to read as follows: 

"Articles I to XII inclusive of this Code shall apply to the 

Industry; in view, however, of the divergent producing and selling 

methods applying to the three main groups of castings, namely, 

Miscellaneous Castings, Specialties, and Manganese Steel Castings, separate provisions are set forth covering the Unfair Trade Practices 

of each group." 

AMENDMENT II 

Amend the first paragraph of Schedule D to read as follows: 

"This Schedule relates solely to the production and/or sales of 

Miscellaneous Castings and has no application to Specialties, Draft 

Gears or Manganese Steel Castings." 

AMENDMENT III 

Amend the first paragraph of Schedule E to read as follows: 

"This Schedule relates solely to the production and/or sale of 

Specialties and has no application to Miscellaneous Castings, Draft 

Gears or :Manganese Steel Castings." 

AMENDMENT IV 

Add the following new Schedule which will be known as 

Schedule G: 

SCHEDULE G 

This Schedule relates solely to the production and sale of "Manganese Steel Castings" and has no application to Miscellaneous 

Castings, Specialties or Draft Gears. The producers of such products collectively are known as "The :Manganese Group." The acts 

described in this Schedule shall constitute unfair practices. Any 

member of the Manganese Group who shall directly or indirectly, 

through any officer, agent or representative use, employ, or permit 

to be employed any of such unfair practices, shall be guilty of a 

violation of this Code. 

SECTION 1. No member of the Manganese Group shall give, permit 

to be given, or directly offer to give, anything of value for the purpose 

of influencing or rewarding the action of any employee, agent or 

representative of another in relation to the business of the employer 

of such employee, the principal of such agent or the represented 

party, without the knowledge of such employer, principal or party. 

This provision shall not be construed to prohibit free and general 

distribution of articles commonly used for advertising except so far 

as such articles are actually used for commercial bribery as hereinbefore denied. 

(3) 
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fr m cu t mers any ommodity and/or 

f the pr vailing mark t pri f r such 

for th I urp c f influ n ing or inducing 

th J urcha. st l a ting . E Tro.1 · • . Tor n 1 r fi itiou inv i and to u e oth r than a tual 

hi1 ping ,r ight a a ba i f r billino- xc: pt for I ro lu t pecifially cla . ifi l b} th lmini. trative g n y f th langanese 

r nJ , ubj e t to the appro, al of th Aclmini -trator. 

:c TIO. T 4. To r n l r unu ual erYic to an. pur ha r of any 

pro lu tin onncction w·ith the ale of u h product, unle fair c mpen ation for 11 h ervi hall be I aid by u h pur ha er. 

ECTIO 5. To mak or o-ive to any purcha r of any product 

any guarantee ao-ain t cl cline in the market price of such produ t. 

1 ECTION 6. Date a ales invoice later than th <lat of mailing of 

aid invoi or later than the third day following the date of hip111 nt of the castino- included in such invoice. 

I ECTION 7. To n:iake any sale or contract of sale of any product 

under any description which does not properly describe such product in terms customarily used in the Industry. 

SECTION 8. No member of the l\1anganese Group shall secretly 

directly offer or make any payment or allowance of a rebate, refund, commission, credit, unearned discount or excess allowance, 

I whether in the form of money or otherwise, nor shall a member of I ~he JHanganese Group secretly offer or extend to any customer any 

pecial service or privilege not extended to all customers of the same 

class, for the purpose of influencing a sale. 

ECTION 9. To enter into quantity contracts with buyers without 

oblio-ation on their part to take delivery of the quantities specified 

in the contract or on the quotation, for the purpose of giving un, arranted prices. 

SECTION 10. No member of the Industry shall defame a competitor by falsely imputing to him dishonorable conduct, inability to 

perform contracts, questionable credit standing, or by other false 

representation, or by falsely disparaging the grade or quality of his 

goods. 

SECTION 11. To ship products on consignment to con umers for 

their use and/or re-sale. 

I SECTION 12. To allow terms of payment more favorable to the customer than net payment within 30 days after the month in which 

the castings are shipped, subject to discount for prompt payment 

a follow : In the ca e of castings shipped by water from the plant 

of a member of the Indu try from or through any Atlantic Coa t or 

Gulf Port to any Pacific Coast Port or throuo-h a Pacific oa t Port 

to a place of delivery in the tate of California or the State of Or - gon r the State of "\Va hington, or to a place of deliv ry in the anal 

Zon or to an Ala kan Port, or to any of th In ular Po e ion of 

th nited tate , the maximum rate of di count for early pa ment ·hall be1⁄2 of 1 % of the invoi ed value of uch a ting , ii th invoice 

of u h ca tino-s shall be paid within 30 day from th dat of uch 

invoi ; in all oth r cas 1⁄2 of 1 % on u h invoic l alue if th 

invoice of such ca ting hall be pail within 10 da fr m the date 

of uch invoic · provid d how ver, in th latt r a that any meml ber of the Indu try may allow su ·h <li ount of 1⁄2 of 1% for pay-
5 

ment within 10 days on the basis of settlements twjce in each month, 

as follows: 

(a) On invoices dated from the 1st to the 15th, inclusive, of any 

month, such discount may be allowed on payment of such inYoices 

on or before the 25th of such month; 

(b) On invoices dated from the 16th to the end of any month, 

such discount may be allowed on payment of such invoices on or 

before the 10th of the next following month. 

Nothing in this Section, however, shall be deemed to apply to any 

sale or contract for the sale of any castings to the Government of 

the United States or to any agency thereof in any case in which such 

Government or Agency shall, pursuant to law, impose terms of payment other than those prescribed in this Section; provided, however, 

that in any such case none of the members of the Industry shall allow to such Government or any Agency thereof terms of payment 

more favorable than those which shall be prescribed by such Government or Agency pursuant to law. 

AMENDMENT V 

Add the following new Schedule to be known as Schedule H: 

SCHEDULE H-SALES FOR EXPORT 

This Schedule relates solely to the production and/or sale of'~ Manganese Steel Castings" and has no application to l\1iscellaneous Castings, Specialties or Draft Gears. 

No provision of this Code relating to prices or terms of selling, 

shipping or marketing, shall apply to export trade or sales or shipment for export trade. " Export Trade " shall be as defined in the 

Export Act adopted April 10, 1918. 

Approved Code No. 82-Amendment No. 3. 

Registry No. 1106-1-01. 

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UNIVERSITY OF FLORIDA 

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