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FEDERAL REGISTER, Friday, October 20, 1944
pursuant to the authority contained in section 1111, Internal Revenue Code of 1939.
, In 701.51 Costs; preparation of rec ord on review, in the first paragraph, strike the period after the figure 548-54;
substitute a comma and add: as amend ed by the Act of September 27, 1944, Public Law 42778th Congress.
In 701.53 Copies of records; fees for furnishing, at the end of the section, strike the period after the figure 548-54;
substitute a comma and add: as amend ed by the Act of September 27, 1944, Public Law 427, 78th Congress.
Effective: October 20,1944.
Dated: October 19,1944.
By the Court.
SEAL

J . E . MURDOCK,
Presiding Judge.

tion does not affect any liabilities in curred under the order.
Issued this 19th day of October 1944.
W ar P roduction B oard, By J. J oseph W helan,
Recording Secretary.
F. B. Doc. 44-16128; Filed, Oct. 19, 1944;, 11:26 a. m.
P art 3175R egulations Applicable to the C ontrolled M aterials P lan CMP Regulation 4, Direction 5
DISPOSAL OF CONTROLLED MATERIALS PRO
CURED BY A WAREHOUSE OR DISTRIBUTOR
FOR H IS STOCK FROM HOLDERS OF IDLE OR
EXCESS INVENTORIES, INCLUDING THE
METALS RESERVE CO.

The following direction is issued pur suant to CMP Regulation 4:

a What this direction does. This direc tion explains the rules applicable to the pro curement, delivery and reporting by ware houses and distributors of idle or excess con trolled materials which they get from sources other than controlled material producers, TITLE 32NATIONAL DEFENSE
warehouses and distributors. Separate treat ment must be accorded by a warehouse or Chapter IXWar Production Board distributor to idle or excess controlled mate rials 1 purchased from a holder for resale A u t h o r it y : R e g u la tio n s i n t h is c h a p te r , unless otherwise noted a t t h e end of docu from his own commercial warehouse stock, 2 which are government-owned and re ments affected, issued under sec. 2 a, 54
Stat. 676, as amended by 55 Stat. 236 and 56 ceived into his stock for sale by him as an Stat. 177; E.O. 9024, 7 FR. 329; E.O. 9040, 7 agent for the Metals Reserve Company, and 3 purchased from a holder for resale from FR. 527; E.O. 9125, 7 FR. 2719; W.PB. Reg. 1
an earmarked warehouse stock established as amended Dec. 31, 1943, 9 FR. 64.
with Mm by the War Production Board.
b Materials purchased from holders of P art 1910S uspension O rders idle or excess inventories for commercial Suspension Order S-609, Stay of Execution warehouse stock1 Applicable rules gov erning procurement and deliveries. Con THOMPSON-WINCHESTER CO.
trolled materials may be purchased by a The Thompson-Winchester Company warehouse or distributor from a holder of of Boston, Massachusetts, has appealed idle or excess inventories, including the from the provisions of Suspension Order Metals Reserve Company, for resale from his No. S-609, issued October 3, 1944 and ef commercial warehouse stock. All deliveries consumers of materials so purchased from fective October 10, 1944 1010.609 and to warehouse stock must be made in accord has requested a stay on the ground that ance with CMP Regulation No. 4. In addi irreparable harm would be done its busi tion, a distributor may deliver steel to other ness if the suspension order were not distributors as provided in Orders M-21-b-l stayed. The Chief Compliance Commis and M-21-b-2, and may apply to the War Pro sioner has directed that the provisions of duction Board for permission to deliver steel the suspension order be stayed pending to a customer ex-allotment under the pro visions of Direction 44 to CMP Regulation final determination of the appeal or until No.
1.
further order by the Chief Compliance 2 Stock replacement. Steel purchased Commissioner. In view of the foregoing, by a distributor for his commercial ware It is hereby ordered, That:
house steel from a holder of idle or excess in The provisions of Suspension Order No. ventory, when sold, may be replaced by order S-609. issued October 3,1944 and effective ing from a producer or another distributor in October 10,1944, are hereby stayed pend accordance with, and subject to the limita tions of, paragraph c of Order M -21-b-l ing final determination of the appeal or or paragraph c of Order M-21-b-2. Copper until further order by the Chief Compli wire mill products purchased by a warehouse ance Commissioner.
for his commercial stock from a holder of idle or excess inventory, when sold, may be Issued this 18th day of October 1944.
replaced in accordance with Direction 4 to W ar P roduction B oard, /CMP Regulation No. 4. Other controlled ma By J. J oseph W helan, terials purchased by a warehouse or dis Recording Secretary. / tributor for his commercial warehouse stock from a holder of idle or excess inventory, F. R. Doc. 44-16108; Filed, Oct. 18, 1944;/ when sold, may be replaced in accordance 4:56 p. m.
with the specific directions received by the warehouse or distributor from the War Pro duction Board.
3 Reports required. In filing any re quired reports, any controlled materials pur chased in accordance with this paragraph b P art 1038G raphite should be included as Receipts of idle or Supplementary Order M-61-a, Revocation excess materials and, when sold, should he Included along with deliveries of materials GRAPHITE CRUCIBLE SIMPLIFICATION
purchased from producers, warehouses, or Seotion 1038.2 Supplementary Order distributors. However, aluminum distribu M-61-a is hereby revoked. This revoca tors need not repeat such sales, and receipts F. R. Doc. .44-18111; Filed, Oct. 19, 1944;
11:20 a. m.

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of aluminum separately but may report them In the same way they report other sales and receipts of aluminum. c Controlled materials received into stock for sale by a warehouse or distributor as agent for the Metals Reserve Company. To assist with the disposal of government-owned stocks of controlled materials resulting from design changes, cut-backs, and cancellations of war contracts, the Metals Reserve Com pany may contract with various warehouses and distributors to receive such materials into their stocks and to act as agents for the Metals Reserve Company in the sale of the material to qualified purchasers.
1 Applicable rules governing procure m ent and deliveries. All controlled mate rials received by a warehouse or distributor into his stock which remain the property of the Metals Reserve Company may be sold subject to the provisions of Priorities Regula tion No. 13. In. addition, pursuant to para graph m 2 i of CMP Regulation No. 4, such materials may be delivered on orders bearing the allotment symbol Z-l-TS, but the other provisions of CMP Regulation No. 4
do not apply to the sale of controlled mate rials owned by the Metals Reserve Company.
If special permission of a Regional Office of the War Production Board is required to make a particular delivery the warehouse or dis tributor, acting as agent for the Metals Re serve Company, may apply in the name of the Metals Reserve Company to the nearest re gional office of the War Production Board for permission to make the delivery. If permis sion is granted, the War Production Board will issue to the warehouse or distributor Form WPB-3320, authorizing him, as agent for the Metals Reserve Company, to make the delivery.
2 Stock replacement. No deliveries of steel made by a distributor from a stock owned by the Metals Reserve Company but held in his warehouse for sale by Aim as agent for that company may be used to sup port purchase orders for the replacement of his commercial or earmarked warehouse stocks.
3 Reports required. Unless specifically requested by the War Production Board, a warehouse or distributor accepting a stock of controlled materials from the Metals Re serve Company need file no report with the War Production Board covering the activity of such stock, and he must not include any data on receipts into, deliveries from, or in ventory on hand in such stock in any report which he is required to file regularly with the War Production Board regarding the ac tivity of his commercial or earmarked ware house stocks.
d Controlled materials purchased by a warehouse or distributor for resale from a War Production Board earmarked stock 1 Applicable rules governing procurement and deliveries. If a warehouse or distributor wishes to purchase controlled materials from a holder of idle or excess inventory, or from materials held by him for sale as agent of the Metals Reserve Company for an earmarked Warehouse stock established with him by the War Production Board, he may do so, but all such purchases, and all subsequent de liveries of such material from the earmarked stock, must be made only in accordance with the terms of the earmarked warehouse stock directive issued to him.
2 Stock replacement. Deliveries of con trolled materials by a warehouse ot distrib utor from a War Production Board earmarked warehouse stock may be replaced only in accordance, with the terms of the earmarked warehouse stock directive issued to him.
3 Reports required. Any controlled ma terials purchased by a warehouse or distrib utor from a holder of idle or excess inventory for an earmarked warehouse stock must be reported as a receipt and, when sold, as a delivery from stock on any report which the warehouse of distributor Is required to file