Page:United States Statutes at Large Volume 49 Part 1.djvu/1044

 74T II CONGRESS. SESS. I. CH. 824. AUG UST 30, 1935. From and after the date of approval of this Act, until prices shall have been established pursuant to subsections (a) and (b) of part II of this se ction, no contract f or the sal e of coal shall be m ade pro- viding for delivery for a period longer than thirty days from the date of the contract. While this Act is in effect no code member shall make any contract for the sale of coal for delivery after the expiration date of this Act at a price below the minimum or above the maximum therefor approved or established by the Commission and in effect at the time of making the contract. The minimum prices establis hed in accordance with the provisions of this section shall not apply to coal sold by a code member and shipped outside the domestic market. The domestic market shall include all po ints within the continental United States and Canada, and car-ferry shipments to the Island of Cuba. Bunker coal deliv- ered to steamships for consumption thereon shall be regarded as shipped within the domestic market. Maximum prices established in accordance with the provisions of this section shall not apply to coal sold by a code member and shipped outside the continental Un ited State s. (f) All data, reports, and other information in the possession of the National R ecovery Administration in relation to bituminous coal sh all be av ailable t o the Co mmission for the administration of this Act. (g) The price provisions of this Act shall not be evad ed or vio- lated by or through the use of docks or other storage facilities or transportation facilities, or by or through the use of subsidiaries, affiliated sales or transportation companies or other intermediaries or instrumenta lities, or by or through the absorption, directly or indirectly, of any transportation or incidental charge of whatsoever kind or character, or any part thereof. The Co mmission is hereb y authorized, after investigation and hearing, and upon notice to the in teres ted p artie s to make and i ssue rules and regul ation s to make this subsection elective. (h) All sales and contracts for the sale of coal shall be subject to the code prices herein provided for and in effect at the time of the making of such sales and contracts. The Commission shall pre- scribe the price allowance to and receivable by persons who pur- chase coal for resale, an d resell i t in not l ess than c argo or ra ilroad c ar lo ad lo ts ; and shall require the maintenance by s uch persons, in the resale of coal, of the minimum prices established under this Act. UNFAIR M ETHODS OF CO MPETITION 999 Restr iction on con- tracts until prices es- tablished. Prohibition on con- tracts for sale below minimum or abo ve maxi mum pr ices wh ile Act in effect. Exemption coal shipped outside domes- tic mark et. Bunker coal. Coal shipped outside continental United States. Availability of infor- mation possessed by National Recovery Ad- mini stra tion. Evasions of price pro- visions prohi bited. Rules and regula- tions. Effective ness of code prices. Price allowance on resales in cargo or car- load lots . Unfair m ethods of competition. (i) The following practices shall be unfair methods of competi- tio n and shal l constitu te violati ons of the code 1 . The consignment of unordered coal, or the forwarding of coal which has not actually been sold, consigned to the producer or his agent : Provided, however, That coal which has not actually been sold may be forwarded, consigned to the producer or his agent at rail or track yards, tidewater ports, river ports, or lake ports, or docks beyond such ports. Such limitations on the consignment of cl ass es of c oal to which limitations not coal shall not apply to the following classes : Bunker coal, coal a ppli cabl e. applicable against existing contracts, coal for storage (other than in railroad cars) by the producer or his agent in rail or track yards or on docks, wharves, or other yards for resale by the producer or his agent. Pra ctice s erated. enur n- Consignment of un- ord ered coal. Pror iso. Exc eptio n.