Page:United States Statutes at Large Volume 50 Part 1.djvu/104

 75T$ CONGRESS, 1ST SESSION-CH. 127-APRIL 26, 1937 trict : And provided further, That no minimum price shall be pro- posed that permits dumping, As soon as possi ble after its creat ion, each district board shall de- termine, from cost data submitted by the proper statistical bureau of the Commission, the weighted average of the total costs of the ascer- tain able tonna ge produce d in the d istrict in the calen dar year 19 36. The district board shall adjust the average costs so determined, as may be necessary to give effect to any changes in wage rates, hours of empl oyment, or other fa ctors substantially affecting costs, e xclusive of seasonal changes, so as to reflect as accurately as possible any change or changes which may have been established since January 1, 19 36 . Suc h dete rminati on and the com putatio ns upon which it is ba sed shall be promptl y submitted to the Co mmission b y each dis trict board in the respective minimum-price area. The Commission shall thereupon determine the weighted average of the total costs of the tonnage for each minimum-price area in the calendar year 1936, adjuste d as aforesaid, and transmit it to all the district board s within such minimum-price area. Said weighted average of the total costs shall be taken as the basis, to be effective until changed by the Com- mission, for the proposal and establishment of minimum prices. Ther eafter, up on satisfa ctory proo f made at any time b y any distr ict 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 figures of total cost determined as aforesaid shall be avail- able to the public. Each district board shall, on its own motion or when directed by the Commission, propose reasonable rules and regulations incidental to the sale and distribution, by code members within the district, of coal. Such rules and regulations shall not be inconsistent with the requirements of this section and shall conform to the standards of fair competition hereinafter established. Such rules and regulations shall be submitted by the district board to the Commission with a statement of the reasons therefor, and the Commission may approve, disapprove, or modify the same, for the purpose of coordination. (b) District boards shall, under rules and regulations established by the Commission, coordinate in common consuming market areas upon a fair competitive basis the minimum prices and the rules and reg ulation s prop osed by them, respect ively, under s ubsecti on (a) hereof. Such coordination, among other factors, but without limi- tation, shall take into account the various kinds, qualities, and sizes of coal, and transportation charges upon coal. All minimum prices proposed for any kind, quality, or size of coal for shipment into any common consuming market area shall be just and equitable, and not un duly p rejudic ial or prefere ntial, as betw een and among dist ricts, sha ll reflect, as nearl y as possi ble, the r elative mar ket va lues, at po ints of de liver y in each c ommon cons uming marke t area. of the various kinds, qualities, and sizes of coal produced in the var ious d istrict s, taki ng into accoun t value s as to uses, se asona l dema nd, t ransp ortat ion m ethods and charg es an d thei r effe ct upon a reas onable opport unity t o compe te on a fair b asis, and the competitive relationships between coal and other forms of fuel and energy ; and shall preserve as nearly as may be existing fair competitive opportunities. The minimum prices proposed as a result of such coordination shall not, as to 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 subsection (a) of this section by an amount greater than necessary to accomplish 79 Antidumping pro- vision. Determination of costs of tonnage pro- duced in 1936, by district boards. Adjustments to reflect changes. Subm ission of deter- min ation to Commis - sion. Determination of wei ghted av erage o f total costs. Use as basis i n estab- lishing minimum prices. Changes. Availability of fi gur es. Rules respecting sal e and dis tribution. Action by Commis- sion. Coordination of minimum prices and rul es in mar ket areas. Requirements of mini mum pric es. Effect of coordinated mini mum pric es.