Page:United States Statutes at Large Volume 50 Part 1.djvu/106

 75T H CONGRESS, 1ST SESSION-CH. 127-APRIL 26, 1937 The minimum prices established in accordance with the provisions of this section shall not apply to coal sold and shipped outside the domestic market. The domestic market shall include all points within the c ontine ntal U nited States and Ca nada, and ca r-ferr y ship - ment s to the i sland of Cuba. Bu nker coal deli vere d to steam ships for consumption thereon shall be regarded as shipped within the d om e s ti c m a r ke t. Maximum prices establish ed in accordance with the provisions of this section shall not apply to coal sold and shipped outsid e the contin ental United State s. (f) All data, reports, and other information in the possession of any agency of the United States in relation to coal shall be available to the Commission and to the office of the consumers' counsel for the administration of this Act. (g) The price provisions of this Act shall not be evaded or violated by or throug h the use of docks or ot her sto rage f acilit ies or trans - portation facilities, or by or through the use of subsidiaries, affiliated sales or t ransp orta tion compa nies or o ther inter medi aries or i n- strumentalities, or by or through the absorption, directly or indi- rectl y, of any tran sport ation or incid ental char ge o f wha tsoev er kind or character, or any part thereof. The Commission is hereby authorized, after investigation and hearing, and upon notice to the interested parties, to make and issue rules and regulations to make this subsection effective. (h) The Commission shall, by order, prescribe due and reasonable maximum discounts or price allowances th at may be made by code members to persons (whether or not code members), herein referred to as "distributors", who purchase coal for resale and resell it in not less than cargo or railroad carload lots ; and shall require the main- tenance and observance by such persons, in the resale of such coal, of the prices and marketing rules and regulations established under this section. UN FAIR ME THOD S OF COM PETI TIO N (i) The following practices with respect to coal shall be unfair methods of competition and shall constitute violations 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, when for application to any of the following cla sses : Bunker coal, coal 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. 2. The adjustment of claims with purchasers of coal in such ma nner a s to g rant s ecret allowa nces, secret rebate s, or secret con- ce ssions, o r other p rice disc riminatio n. 3 . The prepayment of freight charges with intent to or having the effect of granting a discriminatory credit allowance. 4 . The grant ing in any f orm of adjus tments, allow ances, disco unts, credits, or refunds to purchasers or sellers of coal, for the purposes or with the effect of altering retroactively a price previously agreed upon, in such manner as to create price discrimination. 5 . The predating or postdating of any invoice or contract for the pu rchase or sa le of coal, except to co nform t o a bo na-fid e agre ement fo r the pur chase or sale ente red into on the p redate. 123151--37 	6 Coal shipped out- side domestic market exempt. Area included. Bun ker co al. 81 Shipments outside continental United States. Availability of in- formation. Price provision eva- sion prohibited. Administrative rules, etc. Resales in cargo or carload lots . Unfair methods of compe tition. Specified practices deemed code viola- tions. Con signm ent of unordered coal. Pr ovi so. Exc ept ion . Secret concessions, etc. Prepaying frei ght charges resulting in discriminatory credit all owa nce. Price discrimina- tions. Predating or post- dating invoic es.