Voglio sapere a riguardo di…

2316

FEDERAL REGISTER, Thursday , June 8, 1939

Unfair Methods of Competition prohib erly filed with the Statistical Bureau and ited by the Act, shall constitute a viola the District Board.
c All reports of analyses so filed tion of the rules and regulations in this part and of the Bituminous Coal Code. shall be subject to inspection at the of The continued sale and delivery by a fice of the .Statistical Bureau and at the Code Member, his Sales Agent, or a Dis office of the Coal Commission, Washing tributor, to his vendee who defaults in ton, D. C., at any time during office payment within the applicable maximum hours by any interested person, and may period of credit herein prescribed, in the be considered by the District Board and absence of payment of interest or the the Coal Commission in determining enforcement by the Code Member, his from time to time proper classification Sales Agent, or Distributor of the claim of the coals produced by the Code Mem for interest, shall establish a prima facie ber.
d Any analysis of the coal of a presumption of the existence of such Code Member made by or in behalf of implied agreement.t a consumer and accepted by the Code 318.8 Use of coal analyses, a No Member, his Sales Agent or a Distribu analysis of coal shall be utilized by a tor as the basis for an adjustment of Code Member, his Sales Agent or a Dis price under any contract or order shall tributor, in selling or offering for sale be filed by the Code Member, his Sales any coal produced by a Code Member, Agent or Distributor with the District whether or not the analysis is a term in Board and the Statistical Bureau, not the offer or sale, unless the Code Member, later than the last day of the month the Sales Agent or the Distributor shall following the month in which the ad have filed with the Statistical Bureau or justment is made.
Bureaus and the District Board for the e No agreement or order for the sale District in which the coal is produced, a report of analysis or analyses as used of coal produced by a Code Member, or proposed to be used by him. Such made upon a penalty or a premium and penalty basis, shall be entered into or report shall show the following:
accepted by a Code Member, his Sales 1 The name of the Code Member Agent or a Distributor unless the analy producer.
sis upon which the premium and penalty 2 The name of the mine or mines.
clause is based has been previously filed 3 The name or geological number as required by paragraph a of this of the seam or seams from which the coal section. Such analysis shall be accom is produced.
panied by a statement setting forth in 4 The name of the size, and, if full the terms of the premium and pen screened, the dimension or dimensions of alty provisions of the proposed contract the screen or screens over and/or through or order.
which the coal is prepared.
f From and after the effective date 5 Whether the,analysis is represent ative of the entire production of such of the rules and regulations in this part, size of coal, or whether it represents no Code Member, his Sales Agent or a only a portion of such production seg Distributor shall enter into or perform regated by selective mining, selective any agreement made upon a penalty or preparation, actual analysis made at the a premium and penalty basis which will permit the sale of coal at an aggregate mine, or in any other manner.
contract price below the applicable min 6 That such analysis is representa imum price or prices established by the tive of the grade and size of the coal as Coal Commission for the coal sold and regularly produced by the Code Member delivered upon such agreement subse and as loaded directly into transporta tion facilities for shipment to market quent to said effective date.!
and that the Code Member is prepared 318.9 Resale of coal refused in to make deliveries of coal of substan transit or at destination. 1. Where coal tially the quality and character as shown is refused by a consignee in transit or at by the analysis.
destination, the Code Member, his Sales 7 That each such analysis is not Agent or a Distributor may sell the same less than a proximate analysis showing at the best obtainable price, provided moisture content, ash, volatile matter, that in each case the Code Member, his fixed carbon, and also sulphur and Brit Sales Agent or a Distributor shall file ish thermal units and ash softening tem with the Statistical Bureau or Bureaus perature: Provided, That if in offering and the Code Member or his Sales Agent or selling coal the Code Member, Sales shall file with the District Board for the Agent or Distributor utilizes an analysis District in which the coal is produced, which does not include all the items within ten 10 business days from the enumerated in this subparagraph 7, date of such resale, a copy of the invoice he may file a report of such analysis as to the consignee, a copy of the invoice is utilized by him in offering and selling to the purchaser upon the resale, and a h is coal.
statement giving the following:
b Every analysis used in selling, or a Reasons for the refusal.
offering for sale, any particular kind, b Facts resulting from the investi quality, or size of coal shall be accom gation of the complaint.
panied by a statement to the effect that c Amount of compensation, if any, a copy of such analysis has been prop paid upon the resale.

d 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.
e A signed and verified statement that the provisions of the Bituminous Coal Code and the rules and regulations in this part other than as to price have not been violated or evaded.t 318.10 Substandard preparation or quality, a Where any claim of allow ance 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 buyer that due to an error on the part of the shipper the buyer has incurred additional ex pense in accepting the shipment, the Code Member, his Sales Agent or a Dis tributor may, within a reasonable time after delivery of the coal, make settle ment and agree with the buyer upon an amount reasonably to be deducted for such inferior coal of on account of such error and may accept payment therefor at less than the applicable m inimum price: Provided, That in each such case the Code Member, the Sales Agent or the Distributor shall within ten 10 busi ness days after granting such allowance file with the District Board of the Dis trict in which the coal originated and the Statistical Bureau of the Coal Com mission a verified statement giving the following information, except that the Distributor is not required to file such statement with the District Board.
1 The name and address of the con signee and the reason for the request for the allowance.
2 The price at which the coal was sold, the tonnage delivered, the name of the mine, the Code Member, the date of shipment, the grade and size of coal, the destination, and the amount of al lowance or adjustment made.
3 Such other pertinent information and facts as may be offered in proof of the necessity for such reduction or allowance.
4 A statement that the adjustment has not been made with the purpose or intent of evading the price provisions of the Act.
The Code Member, his Sales Agent or a Distributor shall also file, together with the statement, a written claim duly executed by or on behalf of the buyer setting forth the amount claimed by way of deduction anti the reasons for the complaint.
b All such adjustments and allow ances shall be subject to review by the Coal Commission.!
318.11 Substitutions. No substitu tion may be made, upon any spot order or contract, of any grade or size of coal taking a minimum price higher than the price specified in such spot order or contract, except upon the following conditions: