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596

FEDERAL REGISTER,
B On railway fuel, payment shall be made on or before the 25th of the month following date of shipment.
C Terms, net cadi. No discount.
E Freight on all-rail shipments shall not be prepaid except to prepay points published in railway tariffs.
Where freight is thus prepaid, the amount there of shall, within twenty-four 24 hours of receipt of freight bill, be invoiced to the Buyer for immediate payment. This provision does not apply on shipments to Federal, State, County, Municipal or Township Institutions.
F No portion of the sale price may be withheld by agreement between the buyer and the seller based upon any un adjusted claim of the buyer.
G No sale, delivery, or offer for sale of coal shall be made upon any condition, express or implied, that any portion of the sale price may be withheld by the buyer, or deposited in escrow, pending or based upon a determination of the con stitutionality of any provision of the Act, of the jurisdiction of the Coal Commis sion, or the validity or applicability of any order of the Coal Commission.
H Where payment is made by note, trade acceptance or other form of in debtedness, or where payment is made under any circumstances after the due date of the account, the seller shall charge and the buyer shall pay interest from and after the due date of the account at the current rate in the locality to which the coal is shipped to the vendee.
I No Code Member shall accept as payment in full for any account for the sale of coal any amount which is less than the applicable minimum price for the quantity of coal involved. Provided, how ever, that a Code Member may enter into a bona fide general creditors composi tion with other creditors of a defaulting purchaser. A copy of such creditors composition shall be filed with the Sta tistical Bureau within ten 10 business days from the date of making such composition.
J The agreement by a Code Mem ber, expressed or implied, to extend the credit for a period longer than that au thorized by these rules and regulations, with the effect of violating the price pro visions or the unfair methods of com petition of the Act, shall constitute a violation of the Code.
Section V III Use of Coal Analyses 1. Analyses of coal shall not be utilized by a Code Member, or his sales agent, in selling or offering for sale any coal pro duced by the Code Member, whether or not the analysis is a term in the offer or sale, unless such Code Member shall have filed with the Statistical Bureau and the District Board for the District in which the coal is produced, a report of the analysis or analyses as used or proposed to be used by him. Such report shall show the following:
a The name of the Code Member Producer.
Cb The name of the mine.

Wednesday , February 8, 1939

c The name or geological number of the seam or seams from which the coal is produced.
d The name of the size, and, if screened, the dimension or dimensions of the screen or screens over and/or through which the coal is prepared.
e Whether the analysis is represent ative of the entire production of such size of coal, or whether it represents only a portion of such production segregated by selective mining, selective preparation, actual analyses made at the mine, or in any other manner.
f That such analysis is representa tive of the grade and size of the coal as regularly produced by the Code Member and as loaded directly into transporta tion facilities for shipment in market and that the Code Member is prepared to make deliveries of coal of substantially the quality and character as shown by the analysis.
g That each such analysis is not less than a proximate analysis showing moisture content, ash, volatile matter, fixed carbon, sulphur and British thermal u n i t s and ash softening temperature.
2. Every analysis used in selling, or offering for sale, any particular kind, quality, or size of coal shall be accom panied by a statement to the effect that a copy of such analysis has been prop erly filed with the Statistical Bureau, the Coal Commission and the District Board.
3. All reports of analyses so filed shall be subject to inspection at the office of the Statistical Bureau at any time dur ing office hours by any interested per son, and may be considered by the Dis trict Board and the Coal Commission in determining from time to time proper classifications of the coals produced by the Code Member.
4. A copy of any analysis of the coal of a Code Member made by or on be half of a consumer and accepted by the Code Member as the basis for an ad justment of price under any contract, or spot order shall be filed by the Code Member with the Statistical Bureau, the Coal Commission and the District Board, within five 5 business days after such adjustment is made.
5. From and after the effective date of these Rules and Regulations, no Code Member shall enter into or perform any agreement made upon a penalty or a premium and penalty basis which will permit the sale of coal at an aggregate contract price below the applicable min imum price established by the Coal Com mission for the coal sold and delivered upon such agreement subsequent to said effective date: Provided, That where a Code Member has entered into an agree ment made upon a penalty or a pre mium and penalty basis, this rule shall not be considered as affecting any claim that the buyer might otherwise have had fo r sub-standard preparation or quality under Section X of these market1ing Rules and Regulations.

Section IX Resale of Coal Refused in Transit or at Destination 1. Where coal is refused by a con signee in transit or at destination, the Code Member may sell the same at the best obtainable price, provided that in each case the Code Member shall file with the Statistical Bureau, and the Dis trict Board for the District in which the coal was produced, within five 5
business days from the date of such resale, a statement giving the following information:
a Name of consignee.
b Address of the consignee.
c Original destination of the coal.
d Name of Code Member.
e Originating mine.
f The grade and size of coal shipped.
g Price at which coal sold.
h Reasons for the refusal.
i Facts resulting from the investi gation of the complaint.
j Name of ultimate purchaser upon resale.
k Address of purchaser upon resale.
l Ultimate destination of the coal.
m Price received by the seller upon resale.
n Amount of commission, if any, paid upon the resale.
o A copy of the carriers notice of refusal or a notice of reconsignment and such other pertinent information and facts as may be offered in proof of the necessity for such resale.
p A signed and verified statement that the provisions of the Code and the Marketing Rules and Regulations of the Coal Commission other than as to price have not been violated or evaded.
2. All Code Members shall properly furnish to the District Board and to the Statistical Bureau of the Coal C om m is sion for the District in which the coal originated, full reports of all reconsign
ments, and shall authorize the carrier making such reconsignments to furnish complete information thereon to such Statistical Bureau.
Section
X

Substandard Preparation or Quality
1. Where any claim of a llo w a n c e or counterclaim is requested by a buyer for any delivery of coal claimed to be substandard in preparation or quality, or where it is claimed by the b u y e r that due to an error on the part of th e ship per the buyer has incurred add ition al and extraordinary expense in accepting the shipment, the Code M e m b e r o r his sales agent may, within a reason able time after delivery of the coal, make settlement and agree with the buyer upon an amount reasonably to be de ducted for such inferior coal or on ac count of such error, and may accept payment therefor at less than the appli cable minimum price: Provided, T h a t in each such case the Code Member shall within five 5 business days after grant ing such allowance file with the D is-