Page:United States Statutes at Large Volume 49 Part 1.djvu/1042

 74T H CONGRESS. SESS. I. CH. 824. AUG UST 30, 1935 . 997 for shipment into any consuming market area shall be just and equi- table as between producers within the district : And provided further, Dumping. That no minimum price shall be established that permits dumping. As soon as possible after its creation, each district board shall District boards ; de- termination of tonnage determine the weighted average of the total costs of the ascertainable produced during 1934. tonnage produced in the district in the calendar year 1934. The Adjustments to re- district board shall adjust the average costs so determined, as may fleet be n ecessary to give effect to any c hanges i n wage r ates, ho urs of employment, or other factors substantially affecting costs, exclusive of seasonal changes, so as to reflect as accurately as possible any chan ge or ch anges wh ich may have bee n establ ished si nce Janu ary 1, 1934 . Such determination and the computations upon which it is Submission of deter- mination to Commis- based shall be promptly submitted to the Commission by each district sion. bo ard in t he respe ctive mi nimum-pr ice area. Th e Comm ission shal l Determination of weighted average of th ereupon determin e the we ighted a verage o f the to tal cost s of the total costs. tonnage for each minimum-price area in the calendar year 1934 ; adj usted as afore said, and tra nsmit it to a ll the distric t boards with in such minimum-price area. Said weighted average of the total costs Use as basis in shall be taken as the basis for the establishment of minimum prices lpr ice sng minimum to be effective until changed by the Commission. Thereafter, Upon Modifications. satisfactory proof made at any time by any district board of a change in excess of 2 cents per net ton of two thousand pounds in the weighted average of the total costs in the minimum-price area, exclusive of seasonal changes, the Commission shall increase or decrease the minimum prices accordingly. The weighted average w va ila average of figures of total cost determined as aforesaid shall be available to total cost to public . the public. Each district board shall, on its own motion or when directed Rules respecting by the Commission, establish reasonable rules and regulations inci- Sales and distribution. de ntal to the sale and dis tributio n of coa l by cod e member s within the district. Such rules and regulations shall not be inconsistent with the requirements of this section and shall conform to the stand- ar ds of fa ir compe tition h ereinaft er estab lished. Su ch rules and Si on. of comm is- regulations shall be submitted by the district board to the Commis- sion with a statement of the reasons therefor, and the Commission may approve, disapprove, or modify the same, and such approval, disapproval, or modification shall be binding upon all code members within the dis trict. (b) District boards shall, under rules and regulations established Comin imumo rdinp iio c a odr by the Commission, coordinate in common cons uming market areas rules in market areas. upon a fair competitive basis the minimum pr ices and the rules and regulations established by them, respectively, under subsection (a) hereof. Such coordination, among other factors, but without limitation, shall take into account the various kinds, qualities, and sizes of coal, and transportation charges upon coal. All minimum Requu~ementsofmini prices established for any kind, quality, or size of coal for shipment tm"m prigs' into any consuming market area shall be just and equitable, and not unduly prejudicial or preferential, as between and among districts, and shall reflect, as nearly as possible, the relative market values, at points of delivery in each common consuming market area, of the various kinds, qualities and sizes of coal produced in the various districts ; to the end of affording the producers in the several dis- tricts substantially the same opportunity to dispose of their coals upon a competitive basis as has heretofore existed . The mi ni mum prices establi shed as a res ult of such c oordination sh all not, as t o any district, reduce or increase the return per net ton upon all the coal produced therein below or above the minimum return as provided in subsectio n (a) of this se ction by an amou nt great er than necessa ry to accomplish such coordination, to the end that the return per net