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

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

STEEL CASTING INDUSTRY 

AS APPROVED ON AUGUST 11, 1934 

'WE DO OUR PART 

. --- -- 1 A I 

o--

• .... .... 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. • • • • • • • • P rice 5 cents 
'l'his publication is for sale by the Superintendent of Documents, Government 

Priuting Office, Washington, D.C., an<l by district offices of the Bureau of 

Foreign and Dome tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: G04 Post Office Building. 

Birmingham, Ala. : 257 Federal Building. 

Boston, Ma ~s.: 1801 Cu tomhouse. 

Buffalo, N.Y.: Chamber of Commerce Bui:ding. 

Charleston, S.C.: Chamber of Commerce Building. 

Cbica o-o, Ill.: Suite 1706, 201 North Wells Street. 

CleYeland, Ohio: Chnmber of Commerce. 

Dallas, 'l'ex.: Chamber of Commerce Building. 

Detroit, Mich.: 801 First National Bank Bui:ding. 

Houston, Tex. : Chamber of Commerce Building. 

Indianapoli , Ind. : hamber of Commerce Building. 

Jacksonville, Fla.: Chamber of Commerce Building. 

Kan a s City, Mo.: 1028 Baltimore Avenue. 

Los Angeles, Calif. : 1163 South Broadw.-1y. 

Loui ·ville, Ky.: 40 Federal Buildiocr. 

Memphis, 'l'enn. : 229 Federal Building. 

l\1inneapolis, Minn.: 213 Federal Building. 

New Orleans, La. : Room 2:25-A, Customhouse. 

New York, N.Y. : 734 Customhouse. 

Norfolk, Va.: 406 Ea t Plume Street. 

Philadelphia, Pa.: 422 Commercial Tru t Building. 

Pittsburgh, Pa.: l1amber of Commerce Building. 

Port:ancl, Oreg.: 215 1ew Post Office Building. 

S . Loui , l\lo.: 506 Olive Street. 

S,10 Franci co, Calif.: 310 Custombou~e. 

Seattle, Wa.:h.: 809 ] ederal Office Building. 
Approved Code No. 82-Amendment No. 1 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

STEEL CASTING INDUSTRY 

As Approved on August 11, 1934 

ORDER 

APPROVING AMENDMENT OF Co DE OF FAIR CO}'.[ PETITION 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 Jui;ie 16, 1933, for approval of an amendment to a Code of Fair Competition for the Steel Casting Industry, 

und hearings having been duly held thereon 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, I , Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the President, including Executive Order 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 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 

fifteen ( i5) da.ys from the date hereof, unless good ca use to the 

contrary is shown to the Administrator before that time and the Administrator issues a subsequent order to that effect. 

HUGH s. ,JOHNSON, 

Administrator for Industrial R ecovery. 

Approval recommended : 

BARTON ,v. ~f U RRAY, 

Division Ad niinistrator. 

WASHINGTON, D.C . .A ugu&t 11, 1934. 

79944°-1044-62--34 (1) 
REPORT TO THE PRESIDE T 

The PnE IDE T, 

T lz e 1V hite H oitse. 

rn: Thi i a report on Amendments to the ode of Fair ComI etition for the Steel Casting Indu try, the public hearing having 

been conducted thereon in "\Va hington, D.C., on June 14 1934 in 

accordance with the provisions of the ational Industrial Re o ery 

Act. 

Amen lment I affect only Schedule D of the Code which relates 

only to Unfair Trade Practices for Nli cellaneou asting . Amendment II affects only Schedule E of the ode ·which relates 

only to Unfair Trade Practices for Specialtie . Amen lment III provides for the addition of a new Schedule of 

Unfair Trade Practices relating only to Draft Gears, to be known 

as Schedule F. 

FINDINGS 

The A sistant Deputy Administrator 'in his final report to me on 

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

on the basis of all the proceedings in this matter: 

I find that: 

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

well designed to promote the policies and purposes of Title I o:f 

the ational Industrial Recovery Act inclu lin<Y 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 organization of industry for the purpose of 

ooperative action of labor and management under adequate governmental sanction and supervision, by eliminating unfair c mpetitive practices, by promoting the fullest po ible utilization of 

the l?re ent productive capacity of indu trie , by av i lino- undue 

re tn tion of produ tion ( except as may be temporarily required), 

by increa ino- the consumption of industrial and agri ultural pr d- ucts through increasina purchasing power, by reducing and r elieving 

unempl yment by improving standards of labor, and by otherwi ·e 

rehabilitatino- industry. 

(b) The Code as amended cornplie in nll re pects with th pertinent provisions of said Title of said Act, in lu ling without limitation ub-scction (a) f Section 3 . uh-section (a) of tion 7 and 

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

( c) The a1nendments and the Code a arn°n led ar not de ·iQ"lled 

to an 1 will not permit mon polies or monopolisti prncti es. 

(d) The amendment and the ode a .am nd cl are not dc ··ign d t 

and ill not liminate or oppr ~s mall entcrpri es and , ill not 

op rate to di criminate against them. 

(2) 
3 

( 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 

amendments. 

For these reasons, therefore, I have approved these amendments, 

provided that such approval and such amendments take effect fifteen 

(15) days from the date hereof, unless good cause to the contrary 

is shown before that time, and I issue a subsequent order to that 

effect. 

Respectfully, 

AUGUST 11, 1934. 

HUGH s. JOHNSON' 

Administrator. 

• 
A~IE~ D1'fE T TO CODE OF F IR CO1'IPETITIO 

THE STEEL A Tl GI D TRY 

l\IEXDl\IEXT I 

FOR 

Delet ections G and 7 of chedule D of said ode and ub titute 

in lieu thereof the following : 

' ECTION G. Date a ale, invoice later than the dat of mailing f 

~ uch inYoic or later than the thir 1 <la following date of shi1 ment of 

the ca ting included in such in,~oice." 

" ECTIOX 7. Allow term of payment 1nore fayorable to the cu - tompr than net payment within 30 da after the month in which 

the casting are hipped, subject to discounts for prompt payment as 

follow : In the case of castings shipped by water from the plant 

of a member of the Industry from or through any Atlantic Coa t 

or Gulf Port to any Pacific Coast Port, or through a Pacific Coa -t 

Port t-0 a piace of delivery in the State of California or the State 

of Oregon or the State of ,, ashington, or to a place of delivery in 

the Canal Zone or to an Alac::kan Port, or to any of the Insular Posses ions of the United States, the maximum rates of discount for 

early pa3 ment shall be 1⁄2 of 1 % of the invoice l value of such ca tings, if the invoice of such castings shall be paid within 30 days 

from the date of such invoice; in all other cases, 1⁄2 of 1 o/c on uch 

invoiced value, if the invoice of such castings shall be paid within 

10 days from the elate of such invoice; provided, however, in the latter ca es that any member of the Industry may allow uch di count 

of 1⁄2 of 1% for payment within 10 days on the basi of settlement 

twice in each month, as follows: (a) On invoices dated fron1 the 

1 t to the 15th, inclusive, of any month, such di count 1nay be allowed on payment of such in voices on or before the 25th of such 

n1onth; (b) On invoices dated from the 16th to the en l of any 

month, such di count may be allowed on payment of such invoice 

on or b€fore the 10th of the next following month. 

" othing in thi Section however, shall be deemed to appl to any 

sale or contract for the ale of any ca tino-s to the Government of 

the United tates of America or to any ao-ency thereof in an r case 

in which uch Government or Agency shall pur uant to law impo e 

term of payment other than tho e pre ribed in this e ti n · provid d however, that in any such case none of the member of th 

Indu, try shall allow to such Gm ernment or any o- n y there f 

term of paym nt mor favorable than tho hi h hall be pr - scribed. by ·uch Government or Agency pursuant to law ' 

AMEKD~[EKT II 

Delete Section I of h dule E of aid ode an l ub. titnte the 

following: 

E 'TIO. ,.. 1. T mak term of payment in onne tion ,,ith ~al 

for dom sti u. e mor favorable to the cu tom er than thirty ( 30) 

(4) 
5 

days net cash from date of invoice; provided, however, that discounts for prompt payment of invoices on cast steel wheels may be 

allowed at not t o exceed the following rates: In the case of castings shipped by water from the plant of a member of the Industry 

from or through any Atlantic Coast or Gulf Port to any Pacific 

Coast Port, or through a Pacific Coast Port to a place of delivery 

in the State of California or the State of Oregon or the State of 

"\V ashington, or to a place of deli very in the Canal Zone or to an 

Alaskan Port, or to any of the Insular Possessions of the United 

States, the maximum rates of discount for early payment shall be 

1⁄2 of 1 % of the invoiced value of such castings, if the invoice o:f 

such castings shall be paid within 30 days from the date of such 

invoice; in all other cases, 1⁄2 of 1 % on such invoiced value, if the 

invoice of such castings shall be paid within 10 days from the date 

of such invoice; provided, however, in the latter cases that any 

member of the Industry may allow such discount of 1⁄2 of 1 % for 

paym.ent within 10 days on the basis of settlements twice 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 invoices 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 of America 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 Governrn.ent or any Agency 

thereof terms of payment more favorable than those which shall be 

prescribed by such Government or Agency pursuant to law." 

AMENDMENT III 

Add the following new Schedule to said Code, which will be 

known as Schedule F: 

"List of Unfair Trade Practices R elating to Draft Gears.- Without in any way limiting the application of Schedule E to all manufacturers of Draft Gears Schedule F relates solely to the production and/or sale of Draft Gears and has no application to 

Miscellaneous Castings, :Manganese Steel Castings, or to any other 

Specialties. 

"For all purposes of this Code, it shall be an unfair trade practice 

for any member engaged in the Draft Gear subdivision of the 

Specialties branch of the Industry to do any of the following acts: 

"1. To pay secretly or allow rebates, refunds, credits, or unearned discounts, or commissions to customers or their employees, 

whether in the form of money or otherwi e, or to extend services 

or privileges to any purchaser not extended to all purchasers upon 

like terms and conditions. 

" 2. To sell, in connection with draft gear sales, equipment not 

part of the equipment covered by this product' Classification or sub-
6 

II I II 11111l1[1\i1i1~~il1 i11l [ 11i1\~1 ~1\l\1i II 1111111 

3 1262 08582 9918 

a~enc ', to an ct tomer directly or indirect! at a net price which 

will r ult in a r du tion in he price of draft g ar old to uch 

u tom r. 

3. To mi appr priate a comp titor bu in by inducino- breach 

f ontra t , 'I ionao· , piracy of tyles or d ign or imitation of 

trad name . ~ 4. To defame competitor or to li parag ompetitors' products 

fal 1 . 

'· 5. To giYe an 1 gratuit. reward or other form of brib to purcha er of draft g ar or the u e of premiums in wa which involve 

commercial bribery in any form. '6. To guarantee any draft gears, or part thereof ao-ain t defec- tive J1rnterial or workman hip for any period e.xc-eeding one year 

from the date of delivery thereof to the purcha er. '7. To u e the traffic of any person firm or corporation other than 

th traffic of the member of the I ndu try or permit the use of same, 

in any way to influence draft gear orders from any railroad for any 

such member." 

ApproYed Code No. 82-Amendment No. 1. 

Ilegi try No. 1106-1-01. 

0