Page:United States Statutes at Large Volume 49 Part 1.djvu/1043

 998 74TH CONGRESS. SESS. I. CH. 824 . AUGUST 30, 1935. ton upon the entire tonnage of the minimum price area shall approx- imate and be not less than the weighted average of the total costs Submission of coor- per net ton of the tonnage of such minimum rice area. Such dinated prices and p rules to commission ; coordinated prices and rules and regulations, together with the action thereon. data upon which they are predicated, shall be submitted to the Commission, which may approve, disapprove, or modify the same to establish and maintain such fair competitive relationship, and such approval, disapproval, or modification shall be binding upon all Dumping prohibite d. code members within the affected districts. No minimum price investigations to de- shall be established that permits dumping. On the petition of any termine fairness of method of fixing mini- district board or other party in interest or on its own motion, after mum prices. notice t o the district boards, the Co mmission may at any time con- duct hearing s to determine whether the fo regoing method of fixing minimum prices under su bsection (a) i s prejudicial t o any district with respect to the fair opportunity of such district to market its Establishmen t of dif- coal. Should the Commission so find, and further find that the ferent basis. prejudice cannot be removed through the coordination of minimum prices as provided for in this subsection (b ), then the C ommiss ion may establis h a different basis for deter mining minimum prices in such district, to the end that fair and competitive prices shall pre- vail in the marketing o f the coal pro duced in such d istrict : Pr o - Proviso. vided That the minimum prices so established as to any such dis- Minimum return. tract shall yield a return, per net ton, not less than the weighted average of the total costs, per net ton, of the tonnage of such district. Maximum prices' es- ( tablishment by Com- c) When, in the public interest, the Commission deems it neces- miss ion to protect e on- sary to esta blish maximum prices for coal in order to pr otect the sumer. consumer of coal against unreasonably high prices therefor, the Commission shall have the right to fix maximum prices free on board transportation facilities for coal in any district. Such maximum prices shall be established at a uniform increase above the minimum prices in effect within the district at the time, so that in the aggre- gate the maximum prices shall yield a reasonable ret urn above the Promms°. weighted averse total cost of the district : Provided That no maxi- Co st pl us reasonable g profit to be maintained. mum price shall be established for any mine which shall not return Co mpl ain ts by c ode cost plus a reasonable profit. member or distr ict (d) If any code member or district board, or any State or political bo ard, su bdivis ion of a Stat e, sha ll be dissat isfied with s uch co ordina tion of pric es or rules and regulations, o r by a failure to establish s uch coor dination of pri ces or rules an d regulations, or by the maxi mum prices established for him or it pursuant to subsection (c) of this section, he or it shall have the right, by petition, to make complaint to t he Commission, and the Commiss ion shall, und er rules and re gu- lati ons established by it, and aft er notice and hearing, make s uch order as may be required to effectuate the purpose of subsections (b) and (c) of this section, which order shall be binding upon all parties Preliminary order. in interest. Pending final disposition of such petition, and upon reas onable showing of necessity th erefor, the, C ommission may m ake such preliminary or temporary order as in its judgment may be appropriate, and not inconsistent with the provisions of this Act. Code violations ; sale, (e) Subject to the exceptions provided in section 12 of this Act, no etc ., of coal below mini- mum or abo ve max i- coal shall be sold or delivered at a price below the minimum or mum prices . above the maximum therefor approved or established by the Com- mission, and the sale or delivery of coal at a price below such mini- mum or above such maximum shall constitute a violation of the code. Contracts for sale. Subject to the exceptions prov ided in section 12 of this Ac t, a contract for the sale of coal at a price below the minimum or above the maximum therefor approved or established by the Commission at t he tim e of t he mak ing of the co ntract shall const itute a viola tion of t he code, and su ch contract sha ll be invalid and unenforceab le.