[Coordination Service : Digests of Interpretations of Specific Price Schedules and Regulations. Supplement 1]
[From the U.S. Government Publishing Office, www.gpo.gov]

UNITED STATES OF AMERICA OFFICE OF PRICE ADMINISTRATION WASHINGTON, D. C.
Coordination Service
DIGESTS OF INTERPRETATIONS OF SPECIFIC PRICE SCHEDULES AND REGULATIONS
This Service is a compilation of digests of interpretations of price schedules and regulations. The interpretative material contained herein has been digested from interpretations issued by responsible OP A officials to members of industry and OP A field offices. Consequently, this interpretative material shows the trend of official opinion. The interpretations which are the basis of this material are subject to reconsideration and revision at any time by OPA.
INTRODUCTION
This Service contains digests of general materials and of interpretations applicable to price schedules and regulations of the various commodity hranches.
Supplements in the form of insert pages will be issued periodically in order to bring the Service up to date. These supplements will contain digests of new interpretations that may be issued and any corrections, revisions and deletions of previously published digests that may be necessary.
TABLE OF CONTENTS
With the exception of digests of general materials, the material contained in this Service is divided according to the applicable commodity branches set forth on the following pages.
INSTRUCTIONS FOR FILING COORDINATION SERVICE
Supplement No. 1
October 20, 1944
1,	Turn to first references listed below.
2.	Discard pages indicated and enter new pages from the current supplement.
Discard covering page; insert new covering page
Following covering page, incert new tabbed division "Table of Contents" Following p. xxvi:a, insert new tabbed division "Digests of Interpretations" Following p, 26:13, insert new tabbed division "Subject Matter Index"
Under Table of Contents
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Insert new pp. A - B Insert néw pp. i:a - xxvi:a
Under Digests of Interpretations
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For sale by the Superintendent of Documents, Government Printing Office
INTRODUCTION
The index classifies, according to subject matter, all digests of interpretations appearing in the Coordination Service so as to facilitate in considering a particular interpretative problem. However, an interpretation under one regulation does not necessarily apply to a different regulation since the provisions of the two regulations may vary. The index does not cover digests relating only to the classification of commodities or applicability of regulations to specific products.
The citations refer to the schedule or regulation of which the interpretation was issued and identify the digest appearing in the Coordination Service as follows:
18-14:3	Refers to page 14:3 of the Coordination Service concerning Regulation No. 18.
Lumber-15:1	Refers to page 15:1 of the Coordination Service concerning general lumber materials.
MEPR	Refers to Maximum Export Price Regulation
MIPR	Refers to Maximum Import Price Regulation.
GMPR	Refers to General Maximum Price Regulation.
GO	Refers to General Order
Proc.	Refers to Procedural Regulation.
CAR	Refers to Compensatory Adjustment Regulation
SO	Refers to Supplementary Order
- 1 -
Accomodation sale (See also; Cost of commod-ities - sale at cost price)
204-26:7
251-2:6
Adjustable pricing
See; Open price clause
Adjusted price
See: 'Specifie topics, e.g., Adjustment and amendment of prices; Competitor's prices and products as factors in price determination; In-line pricing; Same or similar commodities, etc.; Supplier's prices as factors in price determination.
Adjustment and amendment of prices effect on outstanding contracts1: 136-16:25 procedure:
Solid fUels-21:8< 21:17 348-15:28
notarization of application:
See: Records and reports - notarization third person's adjusted price as basis for . price fixing;
88-19:11, 19:6
122-21:3
172-1:6
215-15:22
393-3:12
sale during "waiting period": 188-26:1 225-18:13
sale under tentative price during pendency of application:
120-21:2
188-26:1
See also: Open price clause
Administrator
See: Executor and administrator
Advertised price
See: Listed, advertised, catalogue price
Advertising allowances	,
See: Discounts, credit terms, allowances etc.-advertising allowanc e
Advertising of resale price
See: Notification of resale price etc.
Affiliated corporations
See: Inter-company sales
Affirmations and certifications
See: Buyers - responsibility for compliance with regulations; Seller - degree of care required to determine nature and purpose of purchase; Invoicing
Agents and brokers (See also: Commissions; Auctions; Employees)
who is an agent, broker: Mepr-6:3
. 9-14:2
30-18:3
41-13:15
73-7:1
88-19:2
287-1:22
agent acting in another capacity:
See: Same person selling in more than one
capacity - as agent and otherwise
ceiling of principal:
136-16:25
See also other subtopics
dealer as broker or agent:
See: Commissions - dealer as broker or agent
"del credere" factor:
See: this topic
disclosure of principal:
23-5:4
123-14:16
foreign agents:
See: Commissions - foreign agents
general liability:
4-13:10, 13:7, 13:8
23-5:4
120-12:11
licensing:
4-13:11
purchasing agents:
1-16:2
49-13:9
records and reports:
123-14:16
services covered under MPR 165:
426-9:8
miscellaneous:
MEPR-6:3
1-16:2
23-5:4
67-16:5
127-5:14 (b)
178-1:12(a)
Allowances
See: Discounts, credit terms, allowances etc.
Anticipation deductions
See: Discounts, credit terms, allowances etc. - anticipation deductions
Assignment of business, goodwill, contracts
• etc. (See also: Bulk sale ; Auctions ;
Bankruptcies; Transfer of location of business)
-2 -
assignment of contracts:
88-19:10
bulk sale:
See also: Bulk sale
consolidation of business:
41-13:15
169-11:9
136-16:24
225-18:14
department or concession:
251-2:6
goodwill
136-16:23
maximum prices of transferee of business-miscellaneous :
88-19:3
169-11:9
136-16:24
152-9:1
163-14:19
177-1:9, 1:10
225-18:14
287-1:26
330-1:28
partner’s continuance of business on disso-
lution of partnership:
61-14:13
169-11:9
287-1:22
partnership formed from corporation:
177-1:9
trade marks:
MEPR-6:1
Auctions (See also: Judicial sales; Bank-
ruptcies)
1-16:4
269-12:1
bidding:
See: Quotation of prices; Transportation charges estimated charges
general:
1-16:2
Average price (See also: Base period price -
average price)
calculation:
Lumber-15:1
MEPR-6:2
120-12:12
121-21:19
152-9:2
163-14:19
207-9:3
Bad debts
12=17:5
Bankruptcies (See also: Judicial sales;
Auctions)
1-16:2
Barter and exchange
price determination:
2-17:1
23-5:4 43-13:17 211-5:19 230-13:24
Base period price (See also: Listed, adver-tlsed, catalogue price) average price:
121-21:19
See also: Main topic, Average price calculation of period:
120-21:3
121-21:19
136-16:24
163-14:19
concession or cut price:
40-2:1
122-21:21
260-10:9
Also see: Special deals; Free goods and services
contract with or without delivery in base period:
56-20:1
121-21:19
128-5:18
192-3:6
241-13:2$
See also: Delivery - wnat constitutes delivery subtopic - offering price for delivery customary practice of seller:
MEPR-6:2
1-16:3
18-14:4
45-2:2
83-4:3
94-15:15
122-21:21
128-5:18
137-19:8
148-11:5
163-14:21
177-1:1
178-1:15
260-10:10
Also see: ’•Customary’’; Discounts, credit terms, allowances etc. - customarily extended during base period; custom in trade as factor in price fixing; same or similar commodities, goods etc. - customary treatment by seller discontinuance of lower price commodity or service:
See: Same or similar commodities, goods, services, etc. - Discounts, credit terms allowances etc; brands of commodities extension of discounts, allowances etc.:
See: Discounts, credit terms, allowances etc. - customarily extended during b?se period. - failure to take discount etc.
- 3 -
and other subtopics.
highest offering price:
See: Subtopic - offering price for delivery
highest selling price;
172-1:7
Also see: Specific topics, e.g., Discounts, credit terms, allowances etc; Transportation charges illegal price:
MEPR-6:2 ,
88-19:5
137-198 9
287-l:2x
last price during base period:
67-16:6
listed, advertised, catalogue price:
See: Listed, advertised, catalpgue price offering price for delivery:
177-1:10
Also see subtopic - contract with or without delivery in b ase period • oral contract:
88-19:7
128-5:18
178-1:1b partnerships:
61-1U:13
177?1:9
178-1:111
price quoted or paid by mistake:
116-4:8
use of special pricing technique, formula etc 2hl-13.:26
Also see: Listed, advertised, catalogue price and other specific topics pricing technique change:
2U1-13:26
329-12:11
same commodity sold at different price:
See: Same or similar commodities, etc'. -same commodity or service sold at different prices sample sale:
136-16:23
season - sale during specified season:
See: Seasonal commodity; Seasonal service seasonal stores and outlets:
See this topic
single sale during base period:
110-2:1
136-16:23(a)
temporary discontinuance of sales .in base period:
263-li:9
temporary price
Also see: subtopic - concession or cut price
"would have been price”:
2.211-2:5
miscellaneous:
130-18:9
178-1:15
Bids
See also: Auctions; Quotation of prices competitive bidding: 122-21:211
Billing
See: Invoicing, Quotation of prices. Records and Reports
Bonus
included in cost;
See: Cost of commodities - bonus as an item of cost
to.return container in deposit transaction;
See; Deposit charges - bonus to return article to employees:
Brands of commodities (Also see: Grade determinations; Same or similar commodities, etc. - brands)
88-19:11
137-19:8
152-9:1
Brokers
See: Agents and brokers: Auctions; Commissions
Bulk sale (See also: Assignment of business, goodwill etc.- bulk sale)
Buyers - responsibility for compliance with regulations:
degree o£ care required for complying-with regulations:
11-13:8, 13:10, 13:11
6-13:14 7-5:2 12-17:5 35-5:7 55-lU:6 117-15:17 136-16:211 written certification from seller: 7-5:2 30-18:1, 18:3 See also: Seller - degree of care required to determine nature and purpose of purchase
By-products of controlled items applicability oiregulation: 53-11:1 121-21:18
C.O.D. orders and sales
deposit on C.O.D. orders:
See: Deposit charges - C.O.D. orders 169-11*11
Calendar year meaning: 225-18:11
- h -
Canvassing from house to house (See also: Salesmen)
95-1:1
posting of price:
See: Sale through more than one outlet -sale through salesmen	* ♦
Carload quantity
See: Transportation charges - carload quantity, - split deliveries; Variation of quantity delivered for purposes of evasion
Carrier
common carrier:
See: Public carrier
private carrier:
122-21:20, 21:24
See also: Transportation charges - deliveries in seller’s vehicle
public carrier:
See this topic
Certification and affirmations
See: Invoicing - certifications and affirmations; Buyers - responsibility for compliance with regulations; Seller - degree of care required to detergine nature and purpose of purchase
Chain stores
See: Sale through more than one outlet: Inter-company sales
"Children*sw and "infants* goods 287-1:18
Civilian use
meaning:
157-1:3
163’14:IS
Closeout sale
See: Base period price - concession or cut price
Combination sales tying agreement:
See: Tying agreements - combination sales method of pricing:
See: Mixed sales and mixed lots
C owner cial user
See: Industrial and commercial users
Commissions (See also: Agents and brokers) in addition to maximum prices prohibited:
Lumber-15:1
1-16:3
13-15:5
33-5:5
49-13:21
55-14:6
94-15:14
152-9:2 •
279-10:11
agent acting as employee:
See: Employees - employee as agent calculation - miscellaneous:
solid fuels-21:12
criss-crossing sale:
4-13:10
dealer as broker or agent:
MEPR-6:3
4-13:5, 13:8
30-18:2
41-13:15
73-7:1
127-5:14(b)
139-4:3
expediting fee:
Lumber-15:1
finder*s commissions:
Lumber-15:l
l-16:3(a)
6-13:13
88-19:7
193-10:8
425-9:8
foreign agents:
141-14:16
inter-company sale:
30-18:3
See also: Premiums - this subtopic splitting commissions:
8-17:3
15-17:5
127-5:14(b)
141-14:16
See also: Sale in which more than one seller participates miscellaneous:
4-13:2, 13:7, 13:8, 13:10
9-14:2
70-17:10
127-5:15
224-2:5
426-9:3
Common carrier
See: Public carrier; Transportation charges carload quantity; Confiscated goods or goods lost in transit by common carrier
Competitor*8 prices and products as factors in price determination closest competitor:
solid fuels-21:4
224-2:9
195-15:19
330-1:29
competitor’s adjusted price:
See: Adjustment and amendment of prices -third person’s adjusted price as basis for price fixing
- 5 -
mis cellaneous;
1-16:2
172-1:6
Conditional sale (See also: Options to purchase - recapture clause)
139-4:8
294-4:10
Confiscated goods or goods lost in transit by common carrier
Solid fuels-21:9
Consignment
-----WTT:4
constituting a sale:
See: Sale -what constitutes a sale
Consolidation of business
See: Assignment of business etc. - consolidation of business
Consumer (See also: Buyers — responsibility for compliance with regulations; Retailers and retail sale)
Industrial and commercial consumer:
See: Industrial and commercial user ultimate consumer:
102-4:5
169-11:11
See also: Retailers etc. - what is a retail sale wholesaler consumer:
102-4:5
Containers (See also: Deposit charges;
Services performed by purchaser on behalf of / seller - furnishing containers; Same or similar commodities etc. — type of container or packaging used; Packaging charges) applicability of regulations depending on kind of container:
79-3:3, 3:4
96-2 a
charges in addition to maximum price:
31-3:1
42-19:1
43-13:6
45-2:2
88-19:6
264-3:8
333-12:5
425-9:8
change in container:
53-11:3, 11:12
88—19:6
510-19:11
charge for breaking:
418-11:17
meaning:
148-11:4
269-12:3
preparation and alteration charges: 43-13:17, 13:18
title retained to container:
53-11:3-
43-13:16
' 88-19:6
See also: Deposit charges
Contract (See also: Assignment of business, goodwill etc. - assignment of contracts; Base period price - contract of supply all requirements, - contract with or without delivery, etc. - oral contract; Effective date of regulation - effect on outstanding contracts) meaning: 67-16:5 88-19:7 195-15:19 207-9:3
Contract work and contractors (See also: Subcontracts and subcontractors; Services -miscellaneous; Same personas el ling in more than one capacity - as contractor and otherwise; Toll or conversion agreements) who is a contractor:
172-1:6 251-2:6 contract work:
Lumber-15:1
19-15:8
61-14:12
97-15:15
136-16:16
163-14:20, 14:21
172-1:6
178-1:12 287-1:19, 1:20
cost of subcontract in computation of costs See: Cost of commodities - cost of subcontract
Control of business (See also: Primary or predominant business; Inter-company sale) 4-13:9 169-11:12
Controlled or uncontrolled item incorporated in coniple'be product —--------------------
40-2:1
88-19:3
See also: Mixed sales and mixed lots — intermingling controlled and uncontrolled items.
Converters
118-5:9 127-5:15
- 6-
Cooperatives
See: Trade stores, organizations and cooperatives
Cost of commodities ' (See also: Cost-plus contracts)
what constitutes "cost”:
127-5:1$
251-2:7
287-1:20
average cost:
'210-26:11
421-8:3
bonus as an item of cost:
152-10:6
cost of subcontract
172-1:7
178-1:13
cost "under contract":
195-15:19
depreciation of product as factor in cost
152-9:1
estimated cost s
251-2:7
illegal prices
MEPR-6:2
See also: Base period price - illegal price
imports:
58-14:8
330-1:29
increase in cost:
152-9:1
157-1:5
210-26:11
251-2:7
332-1:33
labor cost:
4-13:4
136-16:24, 16:2$
157-1:$
172-1:6, Is7
178-1s13
244-13$27
251-2s7
287-1:20
mixed lots8
178-1814
See alsos Mixed sales and mixed lots
net cost s
127-5:15
211-5:19
251-2:7
. 266-18:15
385-1:34
364-11:15
See other subtopics
permanency of ceiling where maximum price
is based on cost:
Sees Permanency of ceiling
replacement or current costs
144-7:2
152-9:1
172-1:6
177-1:11
210-22:10, 22:11
sale at cost price:
163-14:19
4-13:9
See also: Accomodation sale
tax as an item of cost:
251-2:7
300-20:5
See also: Taxes - on ingredient of finished product
miscellaneous items included in cost:
110-4:6
127-5:14(b), 5:15
152-9:1, 9:2
193-10:7
195-15:19
210-26:11, 26:12
266-18:1$
330-1:28
364-11:1$
421-8:3
425-9:8
287-1:22, 1:23
Cost-plus contracts (See also: Cost of commodities)
83-4:3
136-16:16
157-1:3
195-15:19
• 210-26:11
251-2:6
330-1:28
Cost of living commodity under GMPR posting and markings !	—
Sees Posting of price
Cost price line See price-line limitations
Coupons
Sees Trading stamp plan, redemption of coupons etc.
Credit terms
Sees Discounts, credit terms, allowances etc. - credit sales
Custom in trade as a factor in price fixing (Also sees Base period price - oustonwry practice of seller)
MEPR-6:2
1-16:3
18-14:4
26-15:10
30-18:3
46-13:18
123-14:14 x
53-11:2, 11:3
55-14:6
88-19:4
- 7 -
102-4:5
127-5:11, 5:12, 5:15
133-16:9
137-19:8
157-1:5
161-15:17
163-14:20
210-26:10
prevailing charge in locality of seller:
161-15:17
211-5:19
251-2:7
"Customary"
meanings
53-11:3
Customary discounts, credit terms, allowances etc.
See: Discounts, credit terms, allowances, etc, - customarily extended during base period
Customary premium and differential
See: Premiums and differentials - customary premium and differential
Customary receiving point
meaning:
CAR-21:1
269-12:2
421-8:4
Customary records
See: Records and reports - customary records
Customary supply
See: Suppliers prices, etc.
Customary transportation charges
' See: Transportation charges - customary charges
Damaged goods
See: Unused products, seconds, substandard goods- damaged goods
Delivered pricing
See: Quotation of prices - quoting delivered basis where maximum prices are on F.O.B. basis; Transportation charges - delivered and f.o.b. pricing and other subtppics
Delivery ,
what constitutes delivery:
4-13:5
11-5:3
19-15:5
32-18:6
47-18:8
49-13:20
70-17:10
87-20:1
95-1:2
Solid fuels-21:1
127-5:11
136-16:24
170-3:5
192-3:6
230-13:24
421-8:5
under letter of intent:
67-16:5
discontinuance or reduction of delivery
service:
See: free goods and services
delivery under mistake:
120-21:18
Demurrage
See: Transportation charges - demurrage
Destination
49-13:22
Department stores
See: Sale through more than one outlet: Inter-company sales
Deposit charges (See also: Containers) bonus to return article:
55-15:7
calculation:
31-3:1
43-13:16
53-11:3
88-19:6
121-21:19
179-3:5
services in connection with returq of article:
88-19:6
Depreciation of property as a factor in costs
See: Cost of commodities - depreciation of product as factor in cost
Differentials
See: Premiums and differentials (quantity and quality)
Direct-mill sale of lumber (See also: Distribution yard sale of lumber)
Lumber-15:9
19-15:6
94-15:13
97-15:15
Discounts, credit terms, allowances etc« (See also: Purchaser of same general class: Commissions; Transporation charges ■ freight rate allowances; Free goods and services)
advertising allowance:
62-10:4
85-16:9
-8 -
177-1:11
266-18:15
421-8:3
See also: promotional sale anticipation deductions:
118-5:10
163-14:20
cash discount deduction in calculating net cost:
4-13-:9
163-14:19, 14:20
177-1:11
251-2:7
where competitor’s price is adopted:
See: Competitor’s prices and products etc. - competitor’s discounts
”concession” price in base period:
See: Base period price concession or cut price
credit sales:
MEPR-6:2
1-16:3
19-5:8
58-14:9
127-5:16
158-4:9
178-1:4
193-10:8
See also: Interest charges customarily extended during base period: 6-13:13 45-2:2 64-4:1 83-4:3 88-19:5, 19:6 122-21:21 136-16:26 177-1:10 188-26:3 193-10:7 210-26:11 225-18:14 235-13:24 260-10:10 287-1:24 320-15:24 332-1:33 391-3:9
See also other subtopics discontinuance of discounts etc:
See: Subtopics - customarily extended during base period, - credit sales etc. partial discontinuance in base period: 263-4:10
employees:
122-21:21
extended by mistake:
See: Base period price - price quoted or paid by mistake
failure to take discount etc: 26-15:10
88-19:6
financing charges:
See: Financing charges free goods and services:
See this topic
meaning of discounts:
15-17:5
62-10:4
88-19:5
163-14:20
260-10:10
net prices not requiring discounts:
53-11:2	z
88-19:6
95-1:2
391-3:8
promotional sales
See subtopic - advertising allowance;
Promotional sales quantity purchases: 110-4:7 125-17:10 260-10:10 193-10:7
See also: Variations of quantity etc;
Rationing of commodities; Premiums and differentials
rationed commodities:
See: Rationing (voluntary) of commodities rebates:
See also: Free goods and services; trading stamp plan, redemption of coupons etc.; Trade stores, organizations and cooperatives
records, reports and invoicings
45-2:2
83-4:3
seasonal discount:
122-21:20
188-26:3
substandard product:
23-5:4
127-5:15
See also: Sales - what constitutes a sale - returns and credits for defects etc; Used products, etc; Premiums and differentials - substandard grade tax increase:
See: Taxes - discount on increased gross price due to increased tax temporary discounts:
See: Subtopic - customarily extended during base period; Base period price -temporary price trade-in allowance:
111-1:7
133-16:9
136-16:17
volume discount:
435-20:6
- 9-
where maximum price is lowered:
15-17:5
19-15:9
44-15:13
88-19:5
177-1:10
193-10:8
where quoted price less discount equals
ceiling:
See: Quotation of prices - excess billing miscellaneous:
Solid fuels-21:6
147-13:22(a)
177-1:11
Distribution yard sale of lumber (See also: " Direct-mill sale of lumber)
Lumber-15:4
Effective date of regulation
effect on outstanding contracts:
Solid fuels-21:5
4-13:1, 13:5
49-13:9
51-10:2
125-17:10(a)
134-16:11, 16:12
188-26:2
what constitutes delivery prior to effective date:
See: Delivery - what constitutes delivery
. Election of pricing technique (See also: Quotation of prices; Tying agreements; Base period price - use of special pricing technique etc., - pricing technique change) 122-21:22 137-19:8 163-14:21 210-26:10 211-5:19 269-12:2
Employees (See also: Agents and brokers: salesmen)
bonus to employees: See: Bonus to employees sales to employees: See: Sale - what constitutes sale posting requirement:
See: Posting of price - sale to employees employee as agent: 257-18:15 employee and independent contractor: 251-2:6
discount to employees: See: Discounts, credit terms etc. -employees
Escalator clause
See: Open-price clause
Estimated cost or price
See: Cost of commodities - estimated
charges; Mixed sales and mixed lots
Evasions
See: Specific topics, e.g., Tying agreements; Open-price clause; Commissions; Variation of quantity, etc.
Exempt sale
miscellaneous:
157-1:5
225-18:14
392-3:10
See also: Specific topics, esp.: Mixed sales and mixed lots - intermingling controlled and uncontrolled items, etc.; By-products of uncontrolled items; Con- | trolled items; Controlled or uncontrolled’ items incorporated in completed product
Exports (See also: Specific digests of interpretations under Maximum Export Price Regulation)
what is an export sale:
MEPR-6:1
Solid fuels-21:1
applicability of specific regulation:
Solid fuels-21s7
foreign product:
MEPR-6:1, 6:2
51-10:2
80-3:4
labeling by exporter:
See: labeling
inter-company sales:
See: Inter-company sales - exports
sale to British Purchasing Commission: 67-16:5
sale to exporter:
339-1:35
territories and possessions
169-11:9
Fair trade prices (See also: Minimum prices) 421-8:3
Farmer's cooperative store
See: Trade stores, organizations and cooperatives
Fees
See: Commissions; Markups; Wholesaler, jobber distributor etc.; Specific subjects such as storage charges, Insurance charges, etc*
Filing of prices See: Records and reports
Financing charges (See also: Discounts, credit terms etc* - credit sales; Interest charges)
MEPR-6:2
1-16:3
58-4:9
- 10 -
136-16:15 139-4:8 V. * imports:
5.8-14:9
Finders* Fees
See: Commissions - finders’ commissions
Finishing service
See: Processing and finishing service
Flat price
See: Mixed sales and mixed lots
F.O.B. pricing
See: Quotation of prices - quoting f.o.b. basis where maximum prices are on delivered basis; Transportation charges - delivered and f.o.b. pricing and other subtopics
Fractions of cent
adjustment to round figure: 35-5:6 127-5:14(b) 193-10:8 208-1:17 220-20:5
Free goods and services (See also: Trading stamp plan, redemption of coupons, etc.;
Base period price concession and cut price;) Discounts, credit terms and allowances, etc. 122-21:21 188-26:3
as advertising allowance
See: Discounts, credit terms, allowances etc. - advertising allowance delivery service:
181-9:2
special deals: See this topic
Freight
See: Transportation charges
GMPR and specific regulations - relationship 390-3:9 431-3:11
Geographical coverage of regulation in limited areas:
88-19:6
quoted prices for areas: 4-13:3 43-13:17
69-17:8
88-19:4
110-4:6 169-11:8 320-15:24 336-11:13 361-18:17 territories and possessions:
364-11:14
Goodwill
See: Assignment of business, goodwill, contracts etc.
Governmental agencies (See also: State laws and regulations conflicting with OPA regulations)
what is a governmental agency: 169-11:7 188-26:1, 26:3 215-15:22 289-12:4
applicability of regulations:
Solid fuels-21:5
4-13:2 30-18:1 35-5:5 85-16:7 88-19:1 122-21:22 157-1:3 169-11:7 193-10:8 204-26:7 287-1:19
government contract:
See contract foreign agency 67-16:5 '	'
nature of sale
102-4:5
117-15:16(a)
271-9:5 , 275-10:10
Also see: Sale not in course of business sale to governmental agency
taxes:
See: Taxes — freight tax under 194? Revenue Act
war procurement agency: 7-5:1
157-1:3 169-11:7, 11:8 x364-11:15
miscellaneous
136-16:15, 16:18, 16:19
152-9:2 169-11:12 148-11:5
Grade determination (See also: Brands of commodities; variation of quality or grade etc.; Same or similar commodities, etc.) 9-14:3 137-19:8
charge for grade determination: 20-9:1
169-11:7, 11:12
ungrading: 4-13:10 137-19:8
-11 -
Guarantee and identification (See also: Warrenties)
136-16:25, 16:27
Icing charge
See: Transportation charges -incidental expenses
Illegal price
See: Base period - illegal price
Imports
applicability of regulations to imports:
30-18:1
32-18:7
51-10:2
61-14:12
65-4:2
87-20:1
120-21:18
161-15:17
163-14:18
198-17:11
263-4:10
computation of cost:
See: Cost of commodities - imports
financing charges:
See: Financing charges - imports
imported commodity - meaning:
163-14:18
193-10:17
See also: Imports - item derived from imported commodity
control of foreign purchase price:
120-21:18
161-15:17, 15:18
231-10:8
335-10:11
inter-company sale:	e
See: Inter-company sales-imports
insurance charges:
See: Insurance charges - imports
item derived from imported product:
53-11:1, 11:2
118-5:9
payment of duty:
222-15:23
275-10:10
port of entry:
50-10:1
See also: Subtopics - shipping point
sale enroute to U.S.:
18-14:3
shipment on in-transit bond:
See: Subtopic - shipment through U. S.
shipment passing through U. S.
MEPR-6:1
198-17:11
shipping point:
18-14:3, 14:4
123-14:15
See also: Subtopics - transportation charges, - port of entry
tax paid in foreign country: 264-3:7
transportation charges:
50-10:1
18-14:3
264-3:6
285-9:6
See also: Subtopic - shipping point miscellaneous:
30-18:3
285-9:6
Industrial and commercial users
Solid fuels-21:9
136-16:22
269-12:2
271-9:6
Infants* goods
See: ’•Children’s" and "infants’" goods
In-line pricing (See also: Sale in small quantities: Same or similar commodities: Specific digests under regulations, e.g., Regulation Nos. 55, 58; Competitor’s prices etc; Supplier’s prices, etc.)
266-18:15
Inspections charges .
26-10:33
169-11:7, 11:12
Installment sale (See also: Premiums and differentials split deliveries)
Insurance charges
imoorts:
18-14:3
50-10:1
58-14:9
premiums chargeable:
16-10:1
records, reports and invoicing:
53-11:2
war-risk insurance:
18-14:3
58-14:9
122-2:21
145-14:17
231-10:8, 10:9
264-3:7
mi scellane ous
136-16:5
152-9:1
134-16:14
210-26:12
Inter-company sales (See also: Sale through more than one cutlet)
applicability of regulations:
4-13:1, 13:2
7-5:1
61-14:13
- 12 -
87-20:1
436-19:9
Solid fuels-21:3
122-21:22
188-26:3
196-15:20
225-15:20
251-2:6
commissions:
See: this topic computation of price: 122-21:22 158-4:9 148-11:6 211-5:19
control of part of business:
See: Control of business
exports:
MEPR-6:1
6-13:14
Solid fuels-21:7
premiums:
See: Premiums and differentials - intercompany sale
records and reports:
‘278-3:8
vertical organization:
118-5:9
127-5:12, 5:17
miscellaneous:
Solid fuels-21:7
4-13:9
6-13:14
46-13:19
122-21:24
177-1:9
Inter-divisional car
94-15:14
Interest charges (See also: Discounts, credit terms, allowances etc. - credit sales;
Financing charges)
51-10:2
163-14:19
In-transit bond
Sees Imports - shipment passing through U.S.
Introductory offer price
See: Base period price - concession or cut price; Sepcial deals; Free goods and services
Invoicing (See also: Receipts and sales slips;
Records and reports; Quotation of prices) blind billing:
64-4:2
See also: Quotation of prices - excess billing
certifications and affirmations:
50-10:2
122-21:25
See also: Buyers - responsibility for compliance with regulations; Sellers -degree of care required to determine nature and purpose of purchase disclosure of principal:
123-14:16
form of invoice:
60-10:4
122-21:25
134-16:14
pro forma invoice:
See subtopic - several deliveries under single sale:
Receipts and sales slips:
See this topic responsibility for accuracy: 35-5:7
several deliveries under single sale:
123-14:16
163-14:22
trade name:
30-18:5
222-15:23
Judicial sales (See also: Auctions; Bankruptcies)
1-16:2
Labeling (See also: Posting of price) responsibility for labeling:
89-5:8
117-15:16(a)
sufficiency of compliance:
89-5:9
96-2:3
111-4:7
117-15:16(a)
169-11:7, 11:12
339-1:36
miscellaneous :
421-8:3
Labor cost
See: Cost of commodities - labor cost
Lease or rental of products (See also: Deposit charges)
applicability of regulations:
43-13:16
134-16:11
136-16:15
163-14:19
computation of period in possession by lessee:
134-16:12, 16:14, 16:14(a)
136-16:15
incidental charges:
134-16:12, 16:14
records and reports:
1-16:4
contract with option to buy:
See: Options to purchase - recapture clause
- 13 -
realty and fixtures:
Solid fuels-21:l
251-2:7
See also: Assignment of business etc. -realty and fixtures; Services -miscellaneous - in connection with commodities attached to buildings
Lessee >
lessee of department store:
See: Sale through more than one outlet -department store
lessee of house:
See: Lease and rental of products - realty and fixtures
Letter of credit
6-13:14
Letter of intent
67-16:5
Licensing (See: Specific topics, e.g.. Agents, wholesalers etc., Exports)
Listed, advertised, catalogue price
61-14:13
224-2:5
241-13:26
263-4:9
See also: Base period price - offering price for delivery
advertising of price:
See:. Notification of resale price, etc.;
Posting of price - displays and advertising, - sale by mail, catalogue, telephone, - other subtopics
correcting price:
See: Quotation of prices - correcting quotations
discounts:
88-19:5
meaning and applicability of listed price:
88-19:4
136-16:24
quoted prices for areas and zones:
See: Geographical coverage of regulation -quoted prices tor areas
miscellane ous:
49-13:21
Lost in transit goods
See: Confiscated goods or goods lost in transit by common carrier
Lump sum sales
See: Mixed sales and mixed lots
Mail-order house (See also: Listed, advertised, catalogue price; Posting of price -sale by mail catalogue etc*
263-4:10
438-1:34
Manufacturers (See also: Processing and finishing service)
manufacture for own use:
56-20:1
61-14:13
87-20:1
187-18:10
manufacturer selling in other capacity:
See: Same person selling in more than one capacity - as manufacturer and otherwise
meaning:
MEPR-6:1
67-16:5
127-5:12. 5:14(b)
129-18:8(a)	i
151-14:17
163-14:19, -4:20
177-1:11
187-18sll
421-8:3, 8:4
mis cellaneous:
221-1:17
records and reports:
56-20:1
Marking
See: Posting of price; Labeling
Mark-up
251-2:7
172-1:7	I
210-26:11, 26:12
See also: Premiums and differentials;
Exports - markup; Wholesalers etc.;
Specific topics
Military use
136-16:20
157-1:3
See also: Civilian use
Minimum Prices (See also: Fair trade prices)
Solid fuels-21:4> 21:6
120-21:18
Mixed cars (See also: Transportation charges - carload quantity)
4-13:6
26-15:10
44-15:13
402-15:28
Mixed sales and mixed lots (See also: Services - sales of service in addition to commodity)
in bulk sales and auction:
See: Bulk sales; Auctions
intermingling controlled and uncontrolled items:
Solid fuels-21:8
30-18:1, 18:2
- Ih -
32-18:6
61-14:12
88-19:3 244-13:26 421-8:4 See also: Services - sale of service in addition to commodity - where either service or commodity is exempt: Controlled or uncontrolled item incorporated in completed product
intermingling controlled items and grades: Solid fuels-21:8	• J
Lumber-15:3 1-16:2, 16:4 4-13:6 See also: Services - sale of service in
addition to commodity: Tying agreements -combination sales
mixed carload:
See: Transportation charges - carload quantity: Mixed cars premiums:
See: Premiums and differentials - pooled or mixed lots
9-14:2, 14:3
19-15:6, 15:7
26-15:10
42-19:1
53-11:1
55-14:6
94-15:14
163-14:19
177-1:10
210-26:10
341-16:28
392-3:9
421-8:4 244-13:26
records, reports and invoicing: 26-15:10
sale of service in addition to commodity: See: Services - sale of service in addition'to commodity
sorting:
9-14:3
30-18:1
55-14:6
miscellaneous:
4-13:2
61-14:12
45-2:2
128-5:18
Mortgages
chattel mortgage: 139-4:8
Notification of resale price, applicability of regulation(See also:Quotation of prices -correcting quotations; Posting of price -displays and advertising, - sale by mail, catalogue, etc., - other subtopics)
188-26:3
445-10:12
Occassional seller
See: Sale not in course of business
Offering Price
See: Base-period price - offering price for future delivery, - contract with or without delivery during base period;
Listed, advertised, catalogue price
Open price clause
Solid fuels-21:2
4-13:1
6-13:13
7-5:2
41-13:15
67-16:5, 16:6
32-18:6
127-5:17
163-14:18 ’
221-1:18
sale under tentative price during pendency of application:
See: Adjustment of prices
Options to purchase
recapture clause:
85-16:7
136-16:15
Overtime pricing
149-20:3
225-18:13
287-1:21
See also: Cost of commodities - labor cost
Packaging charges (See also: Containers)
MEPR-6:2
30-18:2, 18:3
169-11:7
80-3:4
127-5:15
148-11:4
169-11:8, 11:10
289-12:4
275-10:10
418-11:7
421-8:4
422-8:6
Parent and subsidiary
See: Inter-company sales
Partnership
price determination:
20-17:6
178-1:14
dee also: Base period price - partnerships
assignments of business:
See: Assignment of business, goodwill etc.
- 15-
Patents (Sae: Royalty payments)
Payment in kind
See: Barter and exchange
Penal institution See: Governmental agencies -penal institutions
Penalty contract
Solid fuels-21:5
penalty payment in deposit charges: See: Deposit charges
Permanency ofzceilings
332-1:33
421-8:3
Persons covered by regulation
See: Specific "person", e.g., Agents: Auctioneers (Auctions) Cooperatives; Subcontractors etc.
Petitions for relief
See: Adjustment and amendment of prices
Pool-car shipment
19-15:6, 15:7
26-15:10
94-15:14
Pooled lot
premiums and differentials:
See: Premiums and differentials - pooled or mixed lots price calculation:
See: Mixed sales and mixed lots
Port of entry
See: Imports - port of entry
Postage charge 263-4:10 See also: Transportation charges
Posting of price (See also: Labeling; Notification of resale price etc.; Quotation of prices - correcting quotations; Records and reports; Specific topics, e.g., Auctions) general:
122-21:25
correcting incorrect price:
339-1:34 labels, tags:
See: Labeling sale from vehicles:
See also: Sale through more than one outlet - sale through salesmen used products:
See: Used products, seconds, etc. miscellaneous
170-3:5
301-20:6
Predominant business
See: Primary and predominant business
Premiums
chargeable on insurance:
See: Insurance charges - premiums chargeable
Premiums and differentials (quantity and quality)
(See also: Sales in small quantities;
Variations of grade, quality etc.; Mixed lots; Purchaser of same general class) computation:
Lumber-15:l
35-5:6
182-10:8
251-2:7
customary premium and differential: 18-14:4 '
53-11:2, 11:3
inter-company sale:
55-14:6
See also: Inter-company sales -calculation of price; Commissions -inter-company sale
more than one premium:
15-17:5
35-5:7
269-12:2
See also: Subtopic - split deliveries; sales in which more than one seller participates; Commissions - splitting commissions
pooled or mixed lots:
8-17:3
12-17:4 x
19-15:6
42-19:1
69-17:8
70-17:9
148-11:4 •
prerequisite standards for , obtainment 35-5:7
58-14:8
70-17:10
361-18:17
shipment "at one time":
See: Subtopic - split deliveries split deliveries:
12-17:4
18-14:4
32-18:6
49-13:21
70-17:10
76-3:3
91-10:5
125-17:10(a)
148-11:5
169-11:7
193-10:7
323-19:9
- 16 -
361-18:17
records and reports;
244-13’27
invoicing: See: Invoicing - several deliveries under single sale See also: Variation of quantity delivered etc»
splitting premium or markup: See subtopic: more than one premium
substandard'' grade:
45-2:2
See also: Discount, credit terms etc. -substandard product
miscellaneous:
19-15:6
182-18:10
Price
advertised price:
See: Listed, advertised, catalogue price average price:
See this topic •
base period price:
See this topic
catalogue price:
Sees Listed, advertised, catalogue price competitor’s price:
See: Competitors* prices and products etc.	'
concession price:
See: Base period price - concession or cut price
contract price:
See: .Contracts; Base period price -contract with or without delivery cost price:
Sees Cost of commodities
delivered prices
Sees Quotation of pricess Transportation charges
delivery prices
See: Base period price - contract with or without delivery
fictitious prices
Sees Base period price - fictitious price flat prices
Sees Mixed sales and mixed lots
illegal prices
Sees Base period price - illegal price f.o.b» prices
Sees Quotation of prices; Transportation charges
listed price:
Sees Listed, advertised etc» price offering prices
See: Base period price - offering price for future delivery
open price:
See: Open price clause
quoted price:
See: Listed, advertised, catalogue price, Base period price - offering price for future delivery
prevailing price:
See: Custom in trade as factor in price fixing
retail price:
See: Retailers and retail sale supplier’s price:
See: Supplier’s prices etc.
unlisted price:
See: Unlisted products wholesale price:
See: Wholesalers etc.
’•would have been price”:
See: Base period price - "would have been" price
Price - increase up to maximum price
Solid fuels-21:4
Price-line limitations
330-1:28
177-1:10
178-1:12
287-1:21, 1:23, 1:24, 1:26
330-1:28, 1:29, 1:30
price line as factor in determining same or similar commodities:
See: Same or similar commodities etc. -price line
Price-line posting
See: Posting of price - price line
Pricing technique
See: Base period price - use of special pricing technique, formula etc., - pricing technique change; Election of pricing technique
Primary or predominant business
61-14:12
127-5:13, 5:14
136-16:15
148-11:6
163-18:13
169-11:12
225-18:11
421-8:2
See also: Sale not in course of business-occasional seller; Control of business
Procedure for adjustment of prices
See: Adjustment of prices - procedure
Processing and finishing services (See also: manufacturers)
what constitutes processing:
11-5:3
26-15:12
53-11:2
55-14:6
128-5:18
157-1:6
169-11:7
-17-
172-1:6	;
421-8:3, 8:4
records and reports, invoicing:
128-5:18
Producer
See: Manufacturers; Same person selling in more than one capacity - as producer and otherwise
Promotional sale (See also: Discounts, credit terms, allowances etc. - advertising allowance; free goods and services)
Public bidding
See: Auctions; Bids
Public carrier:
4-13:10
common carrier rate:
Solid fuels-21:16, 21:17
4-13:4, 13:10
30-18:3
122-21:24
Purchase
meaning:
See: Sale - what constitutes a sale
Purchaser of same general class alike treatment of purchasers
See also other subtopics discontinuance of a class: 136-16:27
154-1:5
discounts, allowances, free goods:
49-13:2
64-4:1
88-19:3, 19:5, 19:6
122-21:21
See also: Discounts, credit terms, allowances, etc.
exports:
83-4:3
geographical differences:
Solid fuels-21:8
new buyer or class of buyers:
287-1:21
quantity purchaser:
88-19:5
110-4:7
130-18:9
154-10:5
See also: Premiums and differentials sales at differing prices:
88-19:3
See also.other subtopics transportation charges:
Solid fuels-21:19
miscellaneous determining factors:
84-4:5
88-19:5
122-20:20
Purchasing agents
See: Agents and brokers; Commissions
Quotation of prices (See also: Election of pricing technique; Listed, advertised catalogue price; Geographical coverage of regulation)
correcting quotations:
See also: Base period price - price quoted or paid by mistake; Notification of resale price etc.
estimating purposes:
41-13:15
See: Transportation charges - estimated charges
excess billing:
Solid fuels-5:15, 5:17
19-15:9
26-15:12
94-15:14
120-21:4
127-5:15, 5:17
See also: Open price clause
flat prices:
See: Mixed sales and mixed lots
future delivery:
See: Open price clause; Base period price offering price for delivery
quoting f.o.b. basis where maximum prices are on delivered basis:
43-13:17
76-3:3
79-3:4
96-2:3
140-18:9
quoting on lump-sum basis:
See: Mixed sales and mixed lots
quoting on miscellaneous basis:
17-17:6
20-17:7
45-2:2
Solid fuels-21:16
See also: Tying Agreements - reasonably refusing to sell except on specified basis, - refusal to quote f.o.b.
refusal to sell:
See also: Tying agreements - reasonably refusing to sell except on specified basis and other subtopics
transportation charges:
See: Transportation charges - estimated charges;. Quotation of prices - quoting delivered basis where maximum prices are on f.o.b. basis
Raising price up to maximum price
See: price- increase up to maximum price
Rationing (voluntary) of commodities
64-4:2
76-3:3
88-19:7
95-1:2
- 18-
193-10:7
Ration allotment
88-19:6
Real estate
lease of realty and fixtures:
See: Lease or rental of products - realty and fixtures sale of realty:
See: Assignment of business etc. - real estate and fixtures repairs to realty:
See: Repair, reconditioning service -by landlord
Rebates
See: Discounts, credit terms, allowances etc. - rebates
Receipts and sales slips (See also: Invoicing; records and reports)
disclosure of seller:
178-1:15
warehouse receipt:
193-10:6
Records and reports (See also: Specific topics, e.g., Containers; Insurance charges, etc.) charge for supplying information required for filing:
1-16:L
133-16:11
149-20:4
See also: Subtopic - form of records etc., unavailability of information:
1-16:4
4-13:11
when records or reports must be made:
32-18:7
See also: Subtopic - records on fiscal month basis
who must file records etc.:
67-16:6
Solid fuels-20:10 miscellaenous:
178-1:15
Refunds in case of overcharge
1-16:2
Solid fuels-21:2
145-14:17
Refusal to sell
See: Quotation of prices - refusal to sell; Tying agreements
Registration
See: Licensing
Remnants
See: Used products, seconds, sub-standard goods - remnants
Rental of products
See: Lease or rental of products
Repair, reconditioning services
43-13:17, 13:18
64-4:2
136-16:17, 16:21, 16:24, 16:27
by landlord
251-2:7
leased product:
134-16:12, 16:13
251-2:7
*as is” basis sale:
See: Sale on ”as is” basis
Reports
See: Records and reports
Resale at cost price
See: Cost of commodities - sale at cost price
Retailers and retail sale (See also: Consumed; Wholesalers, jobbers etc.)
what is a retail sale:
19-15:7
39-5:7
95-1:1
127-5:14(b)
133-16:9
- 1$ -
disclosure of principal:
123-14:16
failure to comply:
Solid fuels-21:7, 21:10
form of records etc.:
Solid fuels-21:10
1-16:4
225-18:14
287-1:27
See also: Subtopic - sufficiency inventory on hand:
1-16:4
invoicing:
See this topic
place of filing reports:
122-21:21
posting of prices:
See this topic
receipts and sales slips:
See this topic
records on fiscal month basis:
23-5:4
25-5:7
reports on War Price and Rationing Boards:
See subtopic - place of filing reports responsibility for accuracy:
4-13:11
35-5:7
sufficiency:
Solid fuels-21:10
49-13:22(a)
137-19:7(a)
148-11:4
163-14:20
169-11:7
208-1:16
275-10:10
336-11:13
422-8:6
136-16:22
See also: Consumer
canvassing:
95-1:1
farmer's cooperative:
See: Trade stores, organizations and cooperatives
governmental agency as purchaser: .
■See: Governmental agencies - nature of sale
retailer also selling in another capacity: See: Same person selling in more than one capacity as retailer and otherwise sale by third person to customer of retailer:
See: Sale through more than one outlet -sale at store of another etc*
Returns and credits for defects etc, constituting a ’’sale" :
See: Sale - what constitutes a sale price of returned goods as basis for maximum price:
See: Base period price - rescinded sale who bears transportation cost:
See: Transportation charges - returns made by purchaser
Revenue Act of 1942
See: Taxes
Royalty payments -----—
136-20:2
187-18:11
235-13:24
436-19:9, 19:10
records and reports:
131-20:2
Sale - what constitutes a sale canvassing:
95-1:1
consignment: .
Solid fuels-21:2
delivery as a sale:
See: Delivery
inter-company transactions:
See: ’ Inter-company sales; applicability of regulation
returns and credits for defects etc.r 20-17:6
35-5:6
43-13:17
12$-17:10(a)
127-5:11» 5:16
339-1:35
See: Base period price - offering price for delivery sale to employees:
225-18:11
transfer of s ecurity interest: 136-16:22
valuation for custom requirements: 55-14:7
miscellaneous transactions constituting sale;
32-18:7
43-13:16
136-16:23, 16:15
169-11:7
Sale - nature of sale
"as is" sale:
See: Sale on "as is" basis
bulk sale:
See this topic conditional sale: See this topic closeout sale:
See: Base period price - concession or cut price
flat or lump sale:
See: Mixed sales and mixed lots installment sale:
See this topic retail sale:
. See: Retailers and retail sale sale of business:
See: Assignment of business, good-will, contracts etc.
wholesale sale:
See: YJholesalers, jobbers, distributors etc.
sale on approval
See: Sale - what constitutes sale -consignment
Sale on "as is’r basis
-----I3^I6OT----------
139-4:8
Sale in course of business
meaning.:
133-16:10
204-26:7
Sale not in course of business (See also:
Bulk sale; Auctions; Assignment of business, goodwill, etc.) occasional seller:
55-14:4
136-16:15
See also: Primary or predominant business sale to governmental agency
See: Governmental agencies - nature of sale
sale by individual to dealer: 139-4:8
- 20 -
seller in liquidation:
1-16:2
149-20:4
163-14:9
See also: Bankruptcies miscellaneous:
122-21:22
204-22:7
Sale in small quantities (See also: Variation
of quantity delivered for purposes of evasion)
4-13:4
26-15:9(a)
30-18:2
32-18:5
88-19:4
84-4:5
Sale
through more than one outlet (See also:
Inter-company sales) 122-21:20 177-1:12 148-11:6 178-1:14, 1:15 211-5:19 251-2:7 269-12:1 department store: 28-3:1 178-1:13i 1:14
210-26:12
establishing new outlet:
41-13:15
• 169-11:9
330-1:30
See also: Transfer of location of business; Assignment of business, goodwill etc,
order filled from more than one outlet: Lumber-15:1
4-13:7	.
9-14:1
28-3:1 94-15:13 421-8:4
records and reports:
152-9:2 187-1:13, 1:15
sale at store of another or through third person:
Solid fuels-21:ll 163-14:20 . 178-1:12, 1:15 269-12:3 287-1:22
sale through salesmen: 177-1:9
uniform pricing: 251-2:7
See also subtopic - sale through salesmen lack of uniform pricing:
See subtopics - uniform pricing * sale through salesmen
miscellaneous:
336-11:13
Sales through vending machines
See: Vending machines
Salesmen
See: Sale through more than one outlet -sale through salesmen, - traveling demonstrators; Agents and brokers;
Employees
Sale in which more than one seller participates (See also:Agents and brokers; Commissions -splitting commissions; Premiums - more than one premium)
15-17:5
26-15:9( a)
127-5:14(b)
162-4:9
409-9:7
Sale limited for special purposes or uses
16-10:1
20-17:6
30-18:1
33-5:5
47-18:7
55-14:4
61-14:12
110-4:6
133-16:9
139-4:8
144-7:1
163-14:18
degree of care by seller to determine
purpose of purchase:
See: Seller - degree of care required to determine nature and purpose of purchase; Buyers - responsibility for.compliance with regulations
Same or similar commodities, goods, services etc,(See also: Grade determination;
Brands of commodities)
brands:
88-19:4
152-9:1
comparable commodity
163-14:21
type of container or packaging used: 88-19:11
421-8:4
customary treatment by seller:
88-19:4
128-5:18
210-26:13
211-5:19
exported and imported article:
332-1:33
meaning:
210-26:13
minor changes:
188-26:5
- 21 -
225-18:13
mixtures:
282-3:8
. prioe line:
See other subtopics quality, serviceability etc.
137-19:8
208-1:17
same commodity or service sold at different prices:
See: Subtopic - price line; Brands>of commodities
same or similar category, classification:
178-1:13, 1:14, 1:15
196-15:20 •
287-1:20
See also: Price-line limitations
services:
128-5:18
211-5:19
225-18:13
styles:
210-26:10
miscellaneous:
122-21:24
149-20:3
157-1:3, 1:4
177-1:10
188-26:3
193-10:6
220-20:4
225-18:13, 18:14
Same person selling in more than one capacity as agent and otherwise:
Solid fuels-21:3
MEPR-6:3
28-3:1
32-18:6
127-5:14(b)
178-1:12
See also: Commissions - dealer as broker or agent
as contractor and otherwise:
67-16:5
as manufacturer and otherwise:
MEPR-6:1
67-16:5
89-5:8
187-18:11
206-2:4
221-1:17
287-1:22
421-8:3
as producer and otherwise:
Solid fuels-21:3, 21:10, 21:11
MEPR-6:1
69-19:8
as retailer and otherwise:
Solid fUeLs-21:10, 21:11
49-13:19
100-2:4
110-4:6
137-19:9
148-11:6
158-4:9
178-1:12
as wholesaler, jobber, dealer and otherwise: MEPR-6:3
28-3:1
32-18:5
49-13:19
69-17:8
89-5:8
100-2:4
110-4:6
127-5:14, 5:15
137-19:9
158-4:9
221-1:17
225-18:14
421-8:2, 8:3
See also: Commissions - dealer as broker or agent
records and reports:
137-19:9
where slae in one capacity is exempt:
6-13:11
49-13:19
61-14:12
89-5:8
100-2:4
136-16:15
137-19:9
206-2:4
225-18:11
miscellaneous capacities:
MEPR-6:1
9-14:1
97-15:16
133-16:9
148-11:6
152-9:1
185-9:3
225-18:14
Sample sale or delivery
See: Base period price - sample sale posting of prices
See: Posting of price
Seasonal commodity (See also: Seasonal stores and outlets) applicability depending on sale for specified season:
210-26:10
sale throughout tne year 208-1:16
210-26:9	'
Seconds
See: Used products, seconds, sub-standard goods
Seller (See. Specified type of seller, e.g., Retailer, Wholesaler, Manufacturer etc.) degree of care required to determine
- 22 -
nature and purpose of purchase
4-3:2
7-5:1
30-18:1
47-18:7
55-14:6
136-16:24
148-11:5
See also: Buyers - responsibility for compliance with regulations
degree of care required in notifying or advertising price:
See: Notification of resale price etc.
Seller of same class
See: Competitor's prices and products as factors in price determination - closest competitor
Seller in liquidation
See: Sale not in course of business
Selling in price line
See: Price line limitations
Services
See: Specific topics, e.g., Inspection charges; Insurance charges, etc. See also: Services performed by purchaser on behalf of seller; Services - miscellaneous: Digests of Interpretations under Reg. No. , 165
Services - miscellaneous (See also: Specific topics such as: Storage charges; Insurance charges)
MEPR-6:2
7-5:1
19-15:10
43-13:18
55-14:5
64-4:2
88-19:6
120-21:13, 21:14, 21:15, 21:17
127-5:15
149-20:3
161-15:17
169-11:11
330-1:28
436-19:10
in connection with commodities attached to building:
See: Itepair, reconditioning services -by landlord	»
emergency service:
136-16:24
professional:
1-16:3
20-17:7
recoids, reports and. invoicing:
64-4:2
89-5:8
151-14:17
same services .performed more than once: 146-15:17
Services - sale of service in addition to commodity (See also: Toll or conversion agreement)
61-14:12
128-5:18
188-26:3
148-11:6
251-2:7
where either service or commodity is exempt: 251-2:6
See also: Mixed sales and mixed lots -inter-mingling controlled and uncontrolled items
Services performed by purchaser on behalf of seller
furnishing containers:
12-17:4, 17:5
42-19:1
68-3:3
259-10:9
loading:
9-14:2
12-17:4, 17:5
30-18:2
miscellaneous services:
12-17:5
55-14:6
Shipment at one time
See: Premiums and differentials - split deliveries
Shipping point
See: Transportation charges - shipping point
Special deals (See also: Free goods and services; Base period price - concession and cut price)
188-26:3
adjustment of price:
See: Adjustment of price - specific provisions of GMPR - .4(b)
Split deliveries
See: Premiums and differentials - split deliveries
State law and regulations conflicting with
OPA regulations (See also: Fair trade prices
Minimum prices)
193-10:7
Storage charges
18-14:4
85-16:8
96-2:3
128-5:18
364-11:15
409-9:7
“ 23.-
421-8:3
152-9:1
207-9:3
283-10:11
335-10:11
354-11:14
Subcontracts and subcontractors (see also: Contract work and contractors)
applicability of regulations:
67-16:5
188-26:1
cost of subcontract in computation of cost: See: Cost of commodities - cost of subcontract
Subsidiary corporation
See: Inter-company sales
Substandard good?
See: Used products, seconds, sub-standard goods; Sale - what constitutes a sale -return and credits for defects; Discounts, credit terms, allowances, etc. - substandard products
Supplier* apr ices ae factors in price determina-ilajj,
122-21:22
163-14:21
us* of supplier’s adjusted price:
See: Adjustment of prices - third person price as basis for price-fixing
See: Labeling; Posting of price discontinuance of tax 220-20:5
freight tax under 1942 Revenue Act:
Solid fuels-21:16
Lumber-15:1(a)
2-17:1
6-13:13
10-13:14
46-13:19
53-11:2
81-17:10(a)
114-18:8(a)
122-21:24
130-18:8(b)
136-16:26(a)
193-10:8
195-15:20
206-2:4
214-13:23
235-13:25
251-2:7
269-12:1
governmental agency sale:
81-17:10(a)
records, reports, invoicing and posting: Lumber-15:1 (a ) 122-21:25
import duty:
See: Imports - payment of duty
Illinois retailer’s occupation tax: 38-3:2 45-2:2
on ingredient of finished product: 193-10:7
sales and excise tax:
Solid fuels-21:15
4-13:9
64-4:2
82-16:7
85-16:9
134-16:14(a)
159-13:23
188-26:3
193-10:7, 10:8
220-20:5
387-18:18
records, reports, invoicing andposting 82-16:7
Tentative pricing
See: Open price clause; Adjustment and amendment of price - sale under tentative price etc.; Quotation of prices - excess billing
Territories and possessions
See: Geographical coverage - territories and possessions; Exports - territories and possessions
Toll or conversion agreement (See also: Barts and exchange; Contract work etc.; Services -sale of service in addition to commodity) 2-17:1 17-17:6 55-14:5 .148-11:6
Toll 8
Seer Transportation charges - toll fee etc.
Trade acceptance
12-17:5
Trade-in allowance
See: Discounts, credit terms, allowances etc. - trade-in allowance
izaiAsBaxiMi
214-13:24
sale of trade marks
See: Assignment of business, goodwill etc. trade mark
Trade atoras, organizations and cooperative* farmer's cooperatives:
88-19:2
137-19:7
See also subtopic: trade organization or cooperative
tx^de organization or cooperatives:
- 24 -
43-13:16
169-11:11
177-1:9
269-12:2, 12:3
289-12:3
329-12:4
425-9:8
Trading stamp plan/redemption of coupons, etc.
See also: Free goods and services)
137-19:8
Transfer of business, goodwill, contracts, etc* See: Assignment of business, goodwill etc.
.Transfer of location of business (See also:
IAssignment of business etc. - consolidation of business and other subtopics; sale through more than one outlet - establishing new outlet) 122-21:2? 330-1:28
Transportation charges
arranging for transportation to purchaser: 122-21:21
barge shipments:
4-13:4, 13:6
51-10:3
carrier:
See: Public carrier; Private carrier carload quantity:
Lumber-15:1(a)
2-17:1
4-13:4, 13:6
19-15:6
30-18:2
51-10:3
69-17:8
79-3:4
169-11:10
See also: Premiums - split deliveries and other subtopics; variations of quantity delivered etc.
customary charges:
Solid fuels-21:16
121-21:19
129-18:8(b)
127-5:15
134-16:12
delivered and f.o.b. pricing
26-15:10
30-18:3
43-13:17
53-11:3
61-14:13
88-19:6
122-21:21
127-5:15
169-11:10
170-3:5
See also: Subtopics - freight rate
increase, - shipping point, - estimated charges and other subtopics; Quotation of prices - quoting delivered basis etc.-quoting f.o.b. basis etc.
deliveries in seller’s vehicle:
3-17:2
4-13:5, 13:6
20-17:6
30-18:2
204-26:8
delivery service - discontinuance of reduction:
See: Free goods and services - delivery services
demurrage:
19-15:8
50-10:2
87-20:2
88-19:3
Solid fuels-21:?
destination - msaning:
See: Destination
distance - measurement:
239-11:13
estimated charges:
19-15:8
26-15:10, 15:11
94-15:14
97-15:15
free delivery zones:
MEPE-6:1
49-13:21
freight allowances:
85-16:8
114-18:8(a), 18:8(b)
121-21:19
129-18:8
freight rate increase:
Solid fuels-21:17
40-2:1
53-11:2
122-21:21
246-16:29
262-9:5
See also: Taxes - freight tax under 1942 Revenue Act
freight tax:
See:Taxes - freight tax under 1942 Revenue Act
inbound transportation:
See subtopic - prior to reaching shipping point
incidental expenses:
1-16:3
4-13:4
18-14:4
26-15:11
32-18:6
51-10:3
120-21:13, 21:15', 21:16, 21:17
122-21:21
127-5:15
- 25 -
269-12:1
264-11:14
See also: Services performed by purchaser on behalf of seller and specific topics, e.g* packaging charges
incidental services performed by purchaser:
See: Services performed by purchaser on behalf of s eller
lowest established charge:
See: Public carrier - common carrier rate
Office of Defense Transportation rules:
4-13:4
pool-car shipment:
See this topic
public and private siding:
4-13:5
30-18:2
215-15:22
public carrier:
See this topic
rail shipment:
Solid fuels-21:8, 21:17
4-13:5
records and reports and invoicing:
19-15:8
26-15:10, 15:12
42-19:1
53-11:2, 11:3
45-2:2
148-11:5
164-15:18
returns made by purchaser:
43-13:17
53-11:3
121-21:19
179-3:6
See also: Deposit charges shipment at one time:
See: Premiums and differentials - split deliveries
shipment on in transit bond:
See: Imports - shipment through U.S* shipping point:
4-13:2, 13:4, 13:5, 13:6, 13:7
9-14:1, 14:2
35-5:7
42-19:1
43-13:17
47-18:8
60-10:4
68-3:2, 3:3
94-15:13
117-15:16(a)
127-5:15
102-4:5
prior to reaching shipping point:
3-17:2
4-13:3
9-14:1
42-19:1
55-14:6
47-18:8
68-3:3
70-17:9
94-15:13
127-5:15
136-16:25
148-11:4
204-26:8
306-8:7
shipment firom intermediate point:
4-13:3, 13:5
35-5:7
42-19:1
94-15:13
102-4:5
117-15:16(a)
127-5:15
264-3:7
421-3:4
change of ciistomary shipping point:
88-19:4
imports - shipping point
See: Imports - shipping point split deliveries:
Sees Premiums - split deliveries weight of shipment:
3-17:2
41-13:15
42-19:1
97-15:15
Solid fhels-21:4
258-17:11
See also: Transportation charges — estimated charges
miscellaneous:
4-13:4, 13:5
19-15:9
121-21:23
210-26:13
262-9:5
264-3:6
Lng agreements
19-15:16—
53-11:3
55-14:7
65-4:2
94-15:14
95-1:2
96-2:3
136-16:27
combination sales:
30-18:4
55-14:7
95-1:2
117-15:17
reasonably refusing to sell except on
specified basis:
19-15:6
111-4:7
136-16:27
148-11:5
263-4:16
- 26 -
See also: Rationing (voluntary) of commodities
refusal to quote f.o.b*
19-15:9
53-11:3
154-10:5
Unlisted products applicability of regulations: 23-5:3, 5:4
' 30-18:2
49—13:21
68-3:2
88-19:4
109-15:16
208-1:16.
300-20:5
records, reports and invoicing: 30-18:2
requirements of OPA authorization or report prior to sale:
30-18:1, 18:2
40-2:1
See also: Adjustment and amendment of prices
Used products, seconds, sub-standard goods (See also: Discounts, credit berms, allow-ances etc* - substandard product; sale -returns and credits for defects; Same or similar commodities etc* - seconds, damaged used matérial) damaged goods:
177-1:8
285-9:5
See also: Sale - returns and credits for defects etc*; what constitutes a sale remnants:
118-5:10
127-5:13, 5:16
163-14:19
204-22:7
used products and seconds:
1-16:4
136-16:22, 16:24, 16:27
117-15:16(a)
163-14:19
139-4:8
178-1:13
204-22:7
216-15:23
287-1:18
294-4:10
330-1:27
341-16:28, 16:29
waste, scrap material:
123-14: 14
4-13:1
127-5:13
Variation of quantity delivered for purposes
r"òf evasisi!---------------------'----------
—49-13:21
70-17:10
76-3:3
79-3:3
9>1O:5
125-17:10
See also: Premiums - split deliveries; Rationing of commodities; Same or similar commodities etc* - quantity, size, weight
Vertical organization
See: inter-company sales
Violations
See: Specific topics, e.g*, Tying agreements; Open price clauses; Commissions; Variations of quality or grade, etc.
Volume of sale
-----169-lT':^ 11:12
Waiver of standard requirements by purchaser
-----15^9-----------------------------------
War procurement agency
See: Governmentalagencies
War Production Board rules and orders -------------------------------------
4-13:3
55-14:6
137-19:8
141-14:16
204-26:7
287-1:26
War Shipping Administration
-----155=1177--------------
Warehouse charge
See: Storage charges
Warranties
-----jRCTT:l
110-4:6
See also: Guarantee and idemnification; Buyers - responsibility for compliance with regulations; Seller - degree of care required to determine nature and purpose of purchase
War-risk insurance
See: insurance charges - war risk insurance
Waste material
See: Used products, seconds and substandard goods
licensing scrap dealers:
See: Licensing - Supp. Order 5(Scrap Dealers)
- 27 -
Wholesalers, jobbers, distributors, wholesale sales (See also: Same person selling in. more than one capacity - as wholesaler, jobber etc.; Commissions - dealer as broker* or agent; Sale in which more than one seller participates) dealer:
4-13:5
88-19:2 distributive functions:
11-5:2
89-5:8
118-5:9
See also: . Subtopic - wholesale sale distributor, wholesaler, jobber, reseller: Solid fuels-21:3, 21:6 35-5:6 53-11:2 88-19:2 100-2:4 148-11:6
151-14:17.
163-14:19
269-12:3
300-20:5
349-18:16
364-11:15
421-8:5
governmental agency:
See: Governmental agencies - nature of sale
scrap dealers:
See: Licensing - Supp. Order No. 5 wholesale sale:
69-17:8
95-1:1
137-19:7
See also: Subtopic - distributive function and other subtopics
wholesaler etc. also selling in another capacity:
See: Same person selling in more than one capacity - as wholesaler, jobber etc.
miscellaneous:
35-5:6
215-15:21
270-9'5
"Would have been price”
See: Base period price - "would have been price"
Zone-price
See: Geographical coverage of regulation -quoted prices for areas; Listed, advertised catalogue price
- 28 -
☆ U. S. GOVERNMENT PRINTING OFFICE : 1944 0—613803
Terrestial globes aré "maps" under Supplementary Regulation Nos. 1 and 11. to the General Maximum Price Regulation. Since such globes do not fall within any of the listed items in Appendix A of Regulation No. 225, they are exempt from price control*
Exempt sales - persons "primarily engaged" in publishing printing, etc. An exemption is granted under the Regulation to samll printing and publishing concerns, provided that they were "engaged primarily" in such business in 1941, Section 1347.451(c). A concern in 1941 took orders for the sale and delivery of letterheads and envelopes. It did no printing itself but hired a job printer. This concern is not within the exemption, because it was not "engaged primarily" in the printing business, doing no printing; nor was it engaged in the publishing business, since it was not the creator of any commodity.
However, a small company which was engaged -in the business of creating and selling copyrighted accounting books and duplicate pads is within the exemption, since it was primarily engaged in the business of publishing, even though the printing work was done by a job printer.
Services - mailing services. A person is employed by a telephone company to perform a mailing service. The service consists of the insertion of printed notices into envelopes and sealing and mailing the envelopes. The printed notices and envelopes are supplied by the telephone company. This service is subject to the Regulation as a service related to printing, publishing, etc., Section 1347.476. Other allied services covered by the Regulation are filling in, folding, assembling, flapping, sealing, labeling, addressing, stamping and any variations thereof.
Tax bill forms. The sale of tax bill forms to a municipality is a sale of "printed paper commodities", covered by the Regulation.
Commercial and thermometer-calendars. Sales by manufacturers of commercial calendars and thermometer-calendars are subject to the Regulation even though they bear advertising matter. Section 2.4 of Revised Supplementary Regulation No. 1 does not exempt, advertising matter printed on paper when the commodity is in such form as to serve another purpose.
Price Determination
Sale of commodity since base period. The maximum price for any commodity or service which was not sold, delivered, or offered for sale in March 1942, is determined under Section 1347.453.
Base period "margin". In pricing a commodity under Section 1347.453, the seller must use the margin employed by him in pricing the • most nearly comparable commodity or service" sold to a purchaser of the same class in March 1942. Only one commodity, sold to a purchaser of the same class, may be considered the "most nearly comparable commodity."
"Same commodity or service". The delivery of letterheads which are identical with those sold or supplied during the base period, March 1942, except for differences in name, address and telephone number, constitute the delivery of the "same commodity or service" under the Regulation.
"Same or similar" service - pricing on overtime basis. A job which was priced on the basis of overtime during the base period may not be used to determine the maximum price of the same job which is now priced on the basis of regular time. The base period overtime job is not the "same or similar" as the one performed on regular time, since the factor of overtime constitutes a substantial change in job specifications. If the seller did not perform the same or similar job on the basis of regular time during the base period, he must price it under Section 1347.453, or Section 1347.456, whichever is applicable.
Adjustment of prices. Where a person seeks authorization to establish maximum prices under Section 1347.456, he may quote the proposed prices immediately after they have been filed with OPA without waiting for the expiration of the 20-day period. However, the quoted prices are subject to adjustment for any sale made during this period pursuant to Section 1347.455,, entitled Similar commodities or services subsequently sold.
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Transfer of business - consolidation of businesses. A corporation was incorporated in July 1942, as a consolidation of two corporations operating in the same city. The new corporation carries on its business at one of the plants formerly operated by one of the predecessor corporations. The Regulation provides that if the business, assets or stock in trade of any business are sold on otherwise transferred after April 28, 1942, and the•transferee carries on the business in an establishment separate from any other establishment previously owned or operated by him, his maximum prices are the same as those of his transferor, Section 1347,457, The maximum prices of the new corporation are those of thé business establishment at whose premises the new business is now being operated, since the new corporation is carrying on the business at the establishment of one of its fortaer owners.
Exempt sales. _ Two persons operated a publishing and printing company as a partnership until July 15, 1941* On that date the company was sold to a third person who continued to operate it as an individual proprietor during the balance of the year. The total gross sales by the partnership and the individual proprietor during the entire year of 1941 were less than $20,000. The company is exempt from the Regulation pursuant to Section 1347.451(c), even though there was a change of ownership in the middle of the calendar year of 1941» Section 1347.457, entitled, Transfer of business or stock in trade, provides that status of the transferee shall be the same as his transferor under Section 1347.451(c).
"Same or similar" service or commodity - substitution of steel for copper plate. Due to the War Production Board’s curtailment of the use of copper in engraving plates, many sellers are using steel plates. The service of engraving on steel is not the "same or similar" to the service of copper engraving, since the two are not a type which would ordinarily be sold for the same price, and they are not produced according to the same specifications or by the same productive operations. Hence, the prices charged in March 1942 for copper engraving services do not establish maximum prices for steel engraving. Similarly, the maximum prices for commodities listed in Appendix A which are produced by the use of steel plates are not determined by the maximum price of commodities produced by copper plates. Therefore., the maximum charges for engraving on steel as a substitute for copper, should be determined under Section 1347.453, and "resales" of such a commodity, determined under Section 1347.454*
Records and Reports
"Entire calendar year." See page 18:11.
Sale by printer through a distributor. A printer sells commodities subject to the Regulation through a distributor. The distributor takes the order from the customer and transmits it to the printer. The printer quotes a net price to the distributor who in turn quotes his own price to the customer. The printer sends the commodity directly to the customer, billing him the price agreed upon between the distributor and the customer. When payment is remitted to the printer, he deducts the amount due him from the distributor and transmits the remainder, to the distributor as his commission. The printer has the option of accepting or refusing any order, and the distributor does not guarantee payment by the customer so that the risk of financial loss rests upon the printer. This transaction is an "original sale" by the printer, for which maximum prices must be filed pursuant to Section 1347.463(c), The printer must use his best efforts to detêrmine the distributor’s base period pricing practice, including the distributor’s markup. This statement may be filed as a supplementary report in the.form of a letter.
Violations and Evasions
Reduction of allowances. A typographers association furnishing composition services during March 1942, customarily credited its customers with 15^ per pound for all metal returned to it. It now desires to reduce the credit to 14# per pound. The reduction in credit for the metal from 150 to 141 Per pound constitutes in effect an increase in the price of a service related to printing, and therefore is a violation of the Regulation»
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Maximum Price Regulation No, 257
PULPWOOD PRODUCED IN OR SOLD INTO THE STATES OF MINNESOTA, MICHIGAN, AND WISCONSIN
Applicability
Manufacture of pulpwood into items other than woodpulp. The sale of a species of wood listed in Section 1347.358[aJT4y"for manufacture into items other than “woodpulp", »as defined in Regulation 'No. 124 (Woodpulp), is not subject to the Regulation, Thus, the sale of a listed species of wood for the manufacture of box lumber is not covered.
Poplar wood used exclusively in the production of "insulite pulp* for manufacture into wood fibre structure insulation board, is not subject to thë Regulation, since "insulite pulp” is not “woodpulp“ as defined in Regulation No. 114, Section 1347.229(a)(2).
18:U(a)
Commissions
Commissions. While no commissions may be added to the maximum prices, the Regulation does not prohibit a mill from hiring persons to procure wood on a fixed monthly salary basis, provided that the amount of the salary is not dependent on the amount of wood procured.
Violations and Evasions
Sale of timber. The Regulation applies to the sale of pulpwood cut from the stump; it does not apply to a sale of standing timber of stumpage. However, it is an evasion of the Regulation to purchase stumpage at a cost in excess of the maximum price for the pulpwood cut from the stump.
Cooperative association. Producers of pulpwood form an association which buys pulpwood produced by its members as well as by non-members. The association thereafter sells the pulpwood to consumers and charges a trader's commission. This arrangement constitutes a violation of the Regulation with reference to that portion of the sales involving the pulpwood produced by the members, since these producers are receiving a dealer’s or trader’s commission in violation of Appendix A(c)(2). The association, may, however, charge the dealer’s commission on sales of pulpwood produced by the non-members.
Maximum Price Regulation No, 266
CERTAIN TISSUE PAPER PRODUCTS
Applicability
Retailers. A retailer who proposes to sell paper towels for the first time must determine his maximum price under the provisions of the General Maximum Price Regulation for the reason that there is no method in the Regulation whereby he may determine his "March 1942 percentage mark-up*.
Price Determination
Retailer’s "net cost." Where a retailer has not purchased toilet paper towels since November 26, 1942, the effective date of the Regulation, he cannot determine his unet cost* under the Regulation, and therefore, until such a purchase is made, he continues to price these products under the provisions of the General Maximum Price Regulation.
Distributor’s markup. In the sale of paper towels, the amdunt of the distributor's markup varies with the number of cases sold. Where a container is packed with 7,500 paper towels, it may be counted as two cases, since "case* is defined as a shipping container in which 3,750 paper towels are packed.
Sales not on 'a uniform nationally delivered basis - "established differentials"• A manu-facturer ships toilet tissue and paper towels in pool cars to a railroad siding and hires a local firm to deliver the merchandise to wholesale grocers. In no event may the wholesaler pass on this delivery charge, because it is not an "established differential" under Sections 1347.515(b)(3) and 1347.516(b)(2), and therefore is not part of the manufacturer's maximum price on which the wholesaler's markup is based.
Retailer's "net cost" - advertising allowance. In determining "net cost" under Section 1347.515(d)(2), the retailer need not deduct"advertising allowances granted to him for advertising and promotional services which he actually renders. However, a retailer must be consistent, and therefore, if he includes this item in his "net cost", he must also include it when determining his "March 1942 percentage markup*.
Reduction in basis weight of paper towels. Basis weight of paper towels may be reduced by 10% without revising maximum prices subject to the following qualifications.,
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1.	Where the maximum price for the product is established under the table set forth in Section 1347.516(a)(1), the reduction basis weight may be made from the lowest ba^is weight listed in each basis weight class according to the table.
2.	Where the maximum price for the product is based upon the October. 1-15, 1941 "price, the basis weight from which the reduction may be made must be that basis weight as it existed during October 1-15, 1941»
Maximum Price Regulation No. 307
WAXED PAPER
Price Determination
"Published list price." A manufacturer of "miscellaneous waxed papers" (Appendix G) had no published price list during the base period. Each job was priced on an individual basis, usually in reply to a request for bids. The manufacturer determines his maximum prices in accordance with the formula set forth in Section 1347.621(b)*
Maximum Price Regulation No, 344 NEW COTTON, LINEN AND UNDERWEAR CUTTINGS
Applicability
Sale to industrial user. The sale of new cotton cuttings by a producer directly to an industrial user who manufactures small bag containers from them, is covered by the Regulation unless the cuttings constitutes pound goods, remants, mill ends or segregated large pieces, in.which case Regulation No. 118 (Cotton Products) or the General Maximum Price Regulation applies, depending on the type of goods involved.
Maximum Price Regulation No, 349
DISTRIBUTORS’ MAXIMUM PRICES FOR CERTAIN COARSE PAPER' PRODUCTS
Applicability
Colored Kraft paper* See page 18:9.
Coat hangers* See page 18:10.
Price Determination
Sales of less than one unit lots - distributor not in business during base period. In order to determine his markup on sales of less than one unit lots under Section 15(1), the distributor must have been in business during March 1942. A distributor who was not in business during the base period must determine his maximum prices for these sales under the General Maximum Price Regulation.
Definitions
Distributor. Under Section 13(a)(10), a distributor means "any reseller commonly known and recognized as a wholesale paper merchant or jobber ..." A person who normally buys commodities listed in the Regulation from a manufacturer or converter, and resells them in substantially the same form to consumers, industrial users, etc., is commonly known as a wholesale paper merchant or jobber, and therefore is a distributor under the Regulation, Converters of any of the products listed in the Regulation are not deemed to be "distributors" within the meaning of Regulation No. 349*
18:16
"Case" of drinking and soda straws. The term "case", which is the pricing unit for "straws, drinking and soda", item 41, Section 1(c), refers to the shipping case, and not to the smaller certons enclosed in the outer shipping case.
Maximum Price Regulation No, 359
CERTAIN CONVERTED PAPER PRODUCTS
Price Determination
Terms of sale - guarantee against price decline. Price list of seller contains the following guarantee against price declines of its products:
"The prices of the X Company are guaranteed against their own decline, not only up to and including date of shipment but are so guaranteed up to and including the date that products reach destinations to which they are shipped from the factory".
In order to meet competitive conditions the seller occasionally would grant to carload distributors a guarantee against dts price declines for a period of 90 days subsequent to the date the goods were shipped.
Since the 90 day type of guarantee was not in effect during the period October 1-15, 1941, but was only temporary and occasional in effect prior to that date, the seller may discontinue this type of guarantee.
Maximum Price Regulation No, 361
PULPWOOD PRODUCED IN OR SOLD INTO THE STATES OF MAINE, VERMONi, iEW HAMPSHIRE AND NEW YORK
Price Determination
Maximum zone price. Under the Regulation, the zone where the pulpwood is cut from the stump, and not the zone where the consumer’s mill or producer’s residence is located, controls the maximum price. Hence, if pulpwood is cut in a zone where a higher maximum price exists, and is loaded on cars for delivery into an area where there is a lower maximum price, the higher maximum price may be charged.
Where the pulpwood is cut partly in one zone and partly in another, the maximum price for each portion must be determined separately, by reference to the particular zone where each portion is produced.
Dealer’s allowance. Section 9(f) permits a dealer’s allowance of $1 per cord for deliveries to consumer of 1000 cords or more of wood under certain conditions:	'
A dealer agrees to sell 1000 cords to a consumer, but only delivers 500 cords, intending to deliver the remainder in the future. In order to receive the allowance, the dealer must have delivered the entire order of 1000 cords within the period from May 1 of any year to April 30 of the following year; he may not receive the allowance for the 500 cords until the entire order of 1000 cords is delivered.
Classification
"Producer." When a paper mill cuts wood, which it cannot use in its own paper manufacture, for the purpose of selling such wood, it is a "producer" with respect to such wood.
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Maximum Price Regulation No, 36$
WOOD MATCHES AND RESALE BOOK MATCHES
Applicability
Billboard matches. "Billboard" matches are "special reproduction" book matches, a classification not covered by the Regulation; the General Maximum Price Regulation applies.
"Resale book matches" packed 50’s - 1000 per case are covered by the Regulation. The ceiling prices listed in Appendix C(a) must be prorated to be equivalent to $3.60 for 2500, e.g., $1.44 for 1000.
Classification
Billboard matches. See page 18:18.
Maximum Price Regulation No. 369
DRY ROOFING FELT
Applicability
Sales in rolls of less than 100 sq, feet. The Regulation establishes maximum prices for sales of dry roofing felt in rolls of 100 sq. feet or more by any person at any level of distribution. Sales in rolls of less than 100 sq. feet (which are usually made by persons other than manufacturers) are subject to the. General Maximum Price Regulation.
Maximum Price Regulation No. 387
PULPWOOD PRODUCED IN THE STATES OF SOUTH CAROLINA, GEORGIA, FLORIDA, TENNESSEE, MISSISSIPPI, ALABAMA AND LOUISIANA EAST OF THE MISSISSIPPI RIVER
Price Determination
Sale by contractor, A subcontractor has been in the practice of selling wood to a dealer and then reselling to contractor’s mill. The subcontractor is not a producer of wood. The contractor has been financing the »subcontractor who pays cash for the wood as it is loaded. The subcontractor has made his profit on these transactions either by receiving a part of the contractor’s profit or on his sale to the contractor.
Revised Maximum Price Regulation No. 387 has made this way of doing business impossible. The subcontractor and the contractor now propose to form a partnership for the purchase and sale of wood. It is proper for the subcontractor to enter into this arrangement, provided that neither of the partners have anything whatever to do with the production of the wood.
Taxes
Severance taxes.
Question: What should be done with the severance taxes assessed by the States of Louisiana and Mississippi against the owners of stumpage? It has been the practice in the past to collect this tax for the State government. If the price was $6.50 per cord, the buyer would actually bill a transaction at $6.53, then deduct the 30 severance tax and remit same to the State. The problem now is whether this practice can be continued.
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Answer: Thè practice which has been followed in the past cannot be considered legal now. Revised Maximum Price Regulation No. 387 establishes a maximum price which may be. paid. If, in addition to this amount, the buyer should pay the stumpage owner’s liability on the tax it would exceed the ceilipg. If it is wished to continue collecting and paying over the tax, the price paid should be less than the maximum price by the amount of the tax.
Maximum Price Regulation No, 449
GROUNDWOOD SPECIALTY PAPERS
Applicability
"Novel news* or "novel paper” averaging over .004 inch thick per sheet and used in "pulp* magazines is a "groundwood specialty paper" within the meaning of Regulation No. 449, and therefore is covered by it; it is not "newsprint” under Regulation No. 130 (Newsprint Paper).
Maximum Price Regulation No. 459
GUMMED KRAFT SEALING TAPE
Applicability
Gummed tape made from cloth. The term "gummed kraft sealing tape” does not include gummed tape made from material other than paper. A gummed tape made from p.aper and cloth is •gummed paper”, covered by Regulation No. 129 (Miscellaneous Paper Products).
Maximum Price Regulation No, 4^4
UNWASHED AND WASHED WIPING CLOTHS
Applicability-
Wiping cloth. A rag or cloth is not a wiping cloth within the meaning of the Regulation unless it meets the dimension specifications stated in the Regulation. Any rag or cloth, washed or unwashed, which fails to qualify as a wiping cloth, is covered by Regulation No. 47 (Waste Rags, Waste Ropes and Waste Strings) provided that it satisfies the requirements of that regulation.
Sales and rentals by linen supply house. Where linen supply companies rent service cloths or rags to restaurants, soda fountains, taverns and similar establishments for use as mops, wiping cloths or rags, the maximum price applicable to such rentals is governed by Regulation No, 165. Where, however, the cloths or rags are supplied with the understanding that they do not have to be returned, the transaction must be treated as a sale and hot as a rental and the maximum prices applicable are those established by the Regulation.
New material used for wiping cloths. The Regulation applies to the sale of old rags for use as wiping cloths. The sale of new material for use as wiping cloths is covered by the General Maximum Price Regulation, Regulations No. 118, or No. 127, whichever is appropriate.
Price Determination
Inbound transportation costs. A broker purchasing wiping cloths has them delivered to his warehouse where they are transferred intp trucks and delivered to-his customer. The inbound transportation costs incurred by the broker for the delivery to the warehouse must be absorbed by him, since the warehouse is the "point of shipment” within the meaning of Appendix A(e) entitled, Transportation charges.
18:19
PETROLEUM AND PETROLEUM PRODUCTS.
Price Schedule No. 42.
PARAFFIN WAX.
Price Determination.
Shipment of mixed lots. The maximum prices listed in the Schedule for shipments of paraffin wax in quantities of 10,000 pounds or more apply to shipments of 10,000 pounds or more if made to a single purchaser irrespective of the number of, grades included in the shipment.
Transportation charges - charges from refinery or port of entry to shipping point. Where parafin wax in quantities of 10,000 pounds or more was shipped from the refineryat which it was last, processed to New York City and purchased at that city by a San Francisco purchaser and shipped to San Francisco for resale, the actual transportation charges may be . added from the refinery to New York and from that city to San Francisco, provided that such charges are shown as separate items on all records and invoices. Where the seller's shipping point is other than a refinery, the Schedule provides for the addition of the actual transportation charges from the refinery at which it was last processed to the seller's, shipping point.
Transportation charges - delivered price. When wax is shipped from other than a refinery in quantities of 10,000 pounds-or more, the Schedule allows the addition to the maximum price of the oost of transporting the wax from the refinery to the actual point of shipment. However, that addition qiay not be made when wax is shipped in quantities of less than 10,000 pounds, since the maximum price established by the Schedule for was shipped in quantities less than 10,000 pounds is a delivered price.
Transportation charges - charges for transporting crude wax from place of purchase to refinery. The oost of transporting crude wax from the place where it was purchased to the refinery where it is converted into refined wax may not be added to the maximum prices for fully refined wax; the provision for adding transportation charges when paraffin.is shipped from a place other than the refinery at which the wax was last processed would not permit such an addition inasmuch as the refinery where the wax is converted into refined wax is the refinery at whioh the wax was last processed«
Charges for containers. The maximum prices set forth in the Schedule include the cost of the containers listed in the Schedule. Tank car shipments are listed in the Schedule. Accordingly, where the buyer furnishes a tank car, the maximum price for the paraffin wax must be reduced by an amount equivalent to the rental charge for the tank oar.
Weight of bag or barrel. The weight of the bag or barrel in whioh paraffin is sold may not be Included in calculating the maximum price of a quantity of paraffin wax.
Maximum Prioe Regulation No. 88.
FUEL OIL, GASOLINE, AND LIQUEFIED PETROLEUM GAS.
Applicability.
Retail sales. Sales made at retail service stations, garages, and stores are expressly exempted from the Regulation; sales made at other outlets, whether or not the sales are retail,
19:1
the burden of proof is on the seller to show that it was the latter.
Discounts during base period -Section 5.2. The requirement in Section 5.1 that discounts granted during October 1-16, 1941, be continued does not apply to a seller whose maximum prices are based on Section 5.2, since the maximum prices determined under this Section are based on the net prioe received on the last sale of a substantial quantity. However, the fact that no discount was given for payment within 10 days to a particular person on the last sale of a substantial quantity does , not necessarily mean that no discount need be given to any other class of persons for payment within 10 days. Presumptively, if the seller normally gave a discount for payment within 10 days, but failed to give it on the last sale of a substantial quantity, the person to whom he failed to give the discount is in a different general class from those to whom he gave 'it since the seller customarily charged them different prices.
Discount offered but not taken - Section 5.2. Where a purchaser was offered a discount for early payment on the "last sale of a substantial quantity" but did not receive the discount because of his failure to make early payment, the sale to him is to a different class of purchaser than a sale to one who was offered and took the discount.
Bottled gas - charge for installing gas tank. A distributor of bottled gas may add to the maximum prices an installation charge for connecting a storage tank to the gas range of the consumer, provided that the price at which gas was sold during the base period did not In-elude this installation charge.	.
Containers. Where a seller of petroleum products furnished a container or drum free of charge during the base period, October 1-15,' 1941, and now requires the return of the container, the prioe of the product must be reduced to allow for the value of the empty container during thè base period if the price of the product plus the value of the container exceeds the maximum price for the petroleum product. If the container is of no value to the purchaser, no downward adjustment of the price of the product is necessary.
Deposit for containers. A reasonable sum designed to induce the purchaser to return the empty container may be' required as a deposit. However, the seller may not deduct from the deposit the cost of cleaning the container or transportation charges involved in the return of the container.
Increased container costs. The increased cost of containers may not be added to the maximum prices^ Thus, where a seller previously sold a petroleum product in steel drums and now sells the product in wooden barrels, he may not add the increased cost of the wooden barrels to the maximum price.
Gasoline - addition to maximum prioe in certain areas. Thè addition to the maximum prices of gasoline, permitted in £he eastern seabord area, may’be charged on delivered sales to any point in that area, regardless of the point of shipment. However, if the sale is f.o.b. a shipping point outside such areà, the additions may no«, be made to the maximum price even though the« shipment is destined for a point in that area.
Propane sold as a liquefied petroleum gas. Propane, when sold as a liquefied petroleum gas is subject to Section 5.2; it is not a "dry gas"' subject to Regulation No. 436. When sold at retail at service stations, garages, and stores, the (renerai Maximum Price Regulation applies J
Grade of Gasoline. See page 19:8.
Ration allotments of gasoline. A consumer’s ration allotments of gasoline as of July 1, 1943 control the price which he will have to pay for. gasoline during the last six months of 1943, see Section 7.3(c). This is so even though the actual amount of gasoline delivered to him during this period varies from the amount allotted, because of subsequent changes in ration allotments by the Office of Defense Transportation.
Continuance of prioe distincticn maintained by reference seller. Where a seller adopts the price of a reference tank wagon seller, he mush also adopt thecustomary price distinctions
19:6
maintained bj such reference seller for its various classes of purchasers.
Delivery point. Where the freight rates are different from a refinery to places located in the same general area and it has been a customary practice for the refinery, in setting prices under similar conditions, to take the added delivery cost into consideration, each place constitutes a different delivery point within the meaning of the Regulation,
Excess volume, If a seller's maximum-price for fuel oil to a particular purchaser is determined in accordance with a base period price charged pursuant to an adjustable contract, then the maximum price for any volume in excess of that provided for in the contract is presumptively the same as that for the amount stipulated in the agreement. The presumption can be rebutted by a showing that for excess amounts the seller, prior to October 15, 1941, customarily charged more or less than the contract price.
Commissions
Broker's commissions. Where a seller employs a broker to find a buyer, then the seller, being the party in need of the broker's services, must absorb the charges as part of the seller's expense of doing business, and the buyer cannot be charged more than the maximum price. On the other hand, if a buyer needs assistance in finding available oil, it is not an evasion of the Regulation to employ a broker or any one else to render such service and to pay the party so employed. In such case the buyer's acquisition cost is higher than the maximum price, but the buyer is paying not only for oil but for services. Where a broker's participation increases the buyer's acquisition cost over maximum selling price, it must appear that the buyer was in bona fide and legitimate need of the broker's services, that the buyer actually hired the broker and that the services performed by the broker were intended for and were for the benefit of the buyer. । This is true only where formula maximum prices determined under Article V are employed; on sales where dollar-and-cents prices apply, brokerage charges are regulated in Articles II, III and IV of the Regulation,
Classification
F armera' cooperative, See page 19:2
Violations and Evasions
Refusal to sell quantity ordered. Where a seller is attempting to treat his customers equitably by voluntarily rationing his supply of fuel oil, he may charge the maximum price for the amount actually delivered without regard to the quantity discount which would have been applicable if the full amount ordered had been delivered.
Broker's commissions. See page 19:7.
Definitions
"Contract." The term "contract" is defined in the Regulation as "an agreement, the existence of which is established by written evidence." Thus an oral contract, the existence of which is established by an invoice and a voucher check by which the invoice is paid, is a "contract* under the Regulation.
Records and Reports
Person both wholesaler and retailer. See page 19:9
Maximum Price Regulation No. 137
PETROLEUM PRODUCTS SOLD AT RETAIL ESTABLISHMENTS
Applicability
Sale at farmers* cooperative store. The sale of petroleum products at a farmers' cooperative
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store is a sale at a "retail establishment", and therefore, subject to the Regulation.
Bulk plants. Sales by rural bulk plants which deliver motor fuel by tank trucks directly to farmers’ storage tanks for use in farm tractors, etc., are not "retail establishments" within the meaning of that term in the Regulation, and therefore, are not subject to the Regulation* Such sales are subject to Regulation No. 88*
Sale of motor fuel oil in barrels at bulk plants* The sale of fuel oil in barrels at the
19«7(a)
(a)	Sales to mills in listed consuming centers. Maximum prices are established in dollar and cents for designated consuming-centers. The maximum prices for listed consuming centers are applicable to the sale of scrap rubber to any consumer for use in a consuming mill located in such center regardless of the place from which the rubber scrap is shipped or where the sale is made. The price for tire parts, peelings and inner tubes listed in Table II are uniform for all consuming centers except Los Angeles, California.
(b)	Sales to mills in other than listed consuming centers. Maximum prices on sales to mills in'other than the listed centers are the maximum prices of the listed consuming centers to which the freight charge from such mill is lowest.
Demurrage charges arising after the arrival of a car containing a shipment of scrap rubber are not part of the transportation costs of making delivery to the consumer’s mill within the meaning of Section 1315.1263(d), Accordingly, such demmurage charges are not included in the specified maximum prices and may Le paid by the consumer in addition to the maximum prices,	,
Adjustment of maximum prices for moisture content. Where scrap containing a substantial moisture content is sold, an adjustmeit must be made for moisture content by the method customary in the trade in that locality ^r customary between the particular buyer and seller Appendix A(c) provides that the listed prices in the Schedule represent the maximum prices for the highest grade specified for each type of scrap rubber and further provides that any sale of scrap rubber of lower quality shall be made at an appropriate differential below the listed price.
Maximum Price Regulation No. 119
ORIGINAL EQUIPMENT, TIRES AND TUBES
Applicability
Molded-on solid industrial truck tires. The Regulation applies to molded-on solid industri al truck tires.
Maximum Price Regulation No. 131
CAMELBACK AND TIRE AND TUBE REPAIR MATERIALS
Price Determination
Royalty charges may be added to the maximum prices for camelback only if they are truly charges for something in addition to the camelback, and are not charges added to evade the maximum prices. The royalties usually involved are charges for the use of machinery or a process or for supervision. Whether such royalty has been charged in the past will have a bearing on whether it is permissible, or an evasion of the maximum prices.
Classification
Change of container. A change in the style of a bottle container is not a change in the specifications of rubber cement; the rubber cement sold in the old style bottle is the same item as the rubber cement sold in the new style bottle and takes the same maximum price.
Records and Reports
Royalties. Where a royalty charge is added to the maximum price, the recprds of the seller must set forth such charge as a separate item.
20:2
Maximum Price Regulation Nò. 143
WHOLESALE PRICES FOR NEW RUBBER TIRES AND TUBES
Applicability
Solid rubber'tires. The sale at wholesale of new solid rubber tires is covered, provided that suck tires are for the types of vehicles listed in the Regulation.
Violations and Evasions
Additional charge for transfer of rationing certificate. On and after June 1, 1944 the effective date of amendment to Tire Rationing Regulations which prohibits transfer of Part B of tire rationing certificate except in connection with the transfer of a tire, it is a violation of the Regulation if seller of a tire charges maximum price and in.addition makes a charge for transfer of a certificate to the buyer.
. Maximum Price Regulation No. 149
MECHANICAL RUBBER GOODS
Applicability
Industrial tape made in whole or part of rubber is subject to the Regulation as "tape, except cable wrapping tape and surgical adhesive tape”, see Appendix A. Adhesive discs, adhesive squares, double-faced adhesive tape, pico tape, adhesive strip and adhesive ’’thread protectors” are "tape” within the meaning of the Regulation; however, if used for medical or surgical purposes such tape is subject to Maximum Price Regulation No. 188 (Manufacturers’ Maximum Prices for Specified Buil-ding Materials and Consumers’ Goods Other Than Apparel).
Rubber separators. Rubber separators used in electric storage batteries are covered by the Regulation under the heading "all other mechanical rubber goods, except those listed in Appendix A", see Section 1315.35, Appendix B.
Hinges, washers, and bumpers for toilet seats which are made of "reclaimed mud" are covered by the Regulation under the classification "Plumbers’ supplies and specialties", see Section 1315.34, Appendix A.
Rubber cord is not classified as rubber covered thread within the meaning of Section 1315.34 and therefore is not covered by the Regulation.
Price Determination
Costs. In determining the maximum price for V-belts, the costs of the manufacturer as of January 5, 1942 cannot be used. Since belting made in whole or in part of rubber is listed in Appendix A, October 1, 1941 costs must be used in determining the maximum price.
Charge for special service. Where a manufacturer of mechanical rubber goods incurs extra ex- • penses such as overtime labor, starting of machinery during a weekend, closedown, etc., in order to accelerate delivery to a customer, he may not add any charge for such special service over and above the maximum price, even though such charge does not exceed the actual cost of the special service.
Godds not the same as those dealt in on the base date. On the base date, October 1, 1941, a manufacturer regularly quoted prices for a mechanical rubber item whose rubber portion was made from natural rubber. The rubber portion of this item is presently manufactured from neoprene. The use of neoprene instead of natural rubber in the manufacture of the item results in the production of a new mechanical rubber goods for which the manufacturer had no regularly quoted price in effect on the base date. Accordingly, the maximum price of
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the item must be determined under Section 1315.21a(a)(2)(iii).
Definitions
"Mechanical rubber goods." The following are mechanical rubber goods if made in whole or in part of-rubber, abrasive wheels, brake lining, chute lining, clutch facings, engraving rubber, horseshoe pads, keg bumpers, leak-proof gasoline tanks, lineman's blankets, offset blankets, oil well specialties, printer’s blankets, printing plate material, rubber paint, rubber putty, rubber molds (i.e., molds made of rubber), sheet rubber, slab rubber, stamp rubber, table tops, type and logotype rubber, and windshield wiper blades.
In addition to the products specifically excluded by Appendix C of the Regulation, the following are not "mechanical rubber goods": household goods, laboratory supplies, and accessories and repair materials.
"Container sealing compounds", as used in Appendix A of the Regulation includes latex com-positions, or mixtures of unvulcanized rubber that may be used as sealing containers in com mercial food canning or in the packing of inedible products.
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Records and Reports
Price determining methods on tailor-made articles. Section 1315.28(a)(2) requires the manufacturer of bailor-made articles to report the method by which he ascertained his maximum price and the rates used in calculating the gross margin, but does not require a report showing the calculations of actual prices on these articles. If the manufacturer used different methods or rates for different articles, he must report all the methods and rates, and state to what articles these methods and rates were applicable. If the manufacturer used only one method and one rate in calculating his gross margin, he need report only that method and rate, together with a statement that the method and rate was applicable to all his sales on January 5, 1942.
Closed plant in liquidation. A manufacturer who has closed his plant and expects to liquidate his stock of mechanical rubber goods on hand must file the report required by Section 1315.28 since.the sale of these goods by the manufacturer is covered by the Regulation.
Maximum Price Regulation No. 20Q
RUBBER HEELS, RUBBER HEELS ATTACHED, AND ATTACHING OF RUBBER HEELS
Applicability
Attaching rubber heels to orthopedic shoes. The replacing of regular rubber heels on orthopedic shoes, and the replacing of orthopedic rubber heels on orthopedic shoes is subject to the Regulation. The maximum price for either operation includes all repairs made by the shoe repairman in the process of attaching the rubber heels.
Sales by hardware and five-and-ten cent stores. The Regulation does not apply to the sale of rubber heels by hardware or five-and-ten cent stores; only "rubber heels sold in the shoe repair trade" are covered by the Regulation. Sales by hardware or five-and-ten cent stores are covered by Maximum Price Regulation No. 477.
Price Determination
Attachment of rubber heels for department store’s customers. A department store furnished a shoe repair service, including the attachment of rubber heels. Unknown to the customer, the department store has the rubber heels attached by an independent shoe repair sjiop. The maximum price the department store may charge its customers for such service is established • by the fourth column of Table 1-A, entitled "Maximum prices to consumers for heels attached by shoe repairmen"; if the shoe repair shop charges the maximum prices under the Regulation, the department store may not add any profit or mark-up in passing this price on to its customers.
Maximum Price Regulation No. 220
CERTAIN RUBBER COMMODITIES
Applicability
Baby pants. The sale of baby pants is covered by the Regulation.
Price Determination
Change to substitute rubber material. A manufacturer may not use the highest price charged during March 1942 for articles made of rubber as the maximum price for articles now made of a substitute rubber material unless the substitution, is only a minor change as defined in the Regulation. Thé applicable pricing method contained in the Regulation for such articles must be used.
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Taxes
Deduction of Federal excise tax- Amendment No. 3. Amendment No. 3 to Regulation 220, Section 1316.1653(b), requires in certain cases the deduction of the Federal excise tax which was formerly paid on rubber commodities. The deduction to be made shall be figured on the basis of each entire sale or delivery. ' The maximum price for the entire sale or delivery shall be calculated to the nearest cent by dropping fractions less than g cent and increasing to the nearest cent where the fraction is or more,, after the exact amount of tax on the entire order has been deducted. By requiring manufacturers to figure.the deduction of the tax in this manner, it becomes immaterial that the amount of the tax on each individual item may be a figure involving fractional cents. Printed price lists which quote prices on each item need not be reprinted in fractional cents. It is sufficient that the list include a written statement to the effect that the amount of the tax should be deducted on sales by the manufacturer.
Violations and Evasions
Pricing - incorrect computation. Prices figured and filed by manufacturers of corsets and allied products containing rubber or rubber substitutes under the second or third pricing methods of the Regulation are not their maximum prices unless the prices are correctly computed. If the prices are incorrectly computed they are not the manufacturer’s maximum prices even though the OPA does not disapprove them within fifteen days from the date of mailing the price report. The provision that prices do not apply retroactively if adjusted after the fifteen day period applies only to those prices which were correctly computed by the manufacturer in the first place.
The burden of submitting correct information as to costs and choice of pricing method rests with the manufacturer. A reasonable error which results in a higher price for the first sale will not be considered-a violation. But subsequent sales at the same price without an adjustment-having been made will be in violation of the Regulation. Such adjustments are required by Section 1315.1557(c).
Maximum Price Regulation No. 300
MAXIMUM MANUFACTURERS ’ PRICES FOR RUBBER DRUG SUNDRIES
Applicability
Industrial gloves made of rubber, synthetic rubber, rubberized fabric, or synthetic coated fabric. Regulation No. 300 and Regulation No. 301 apply to industrial gloves made of rubber, synthetic rubber, rubberized fabric or synthetic rubber coated fabric.
Doctor of medicine. See page 20;6.
Price Determination
Combination syringe not listed in Appendix B. Where a combination syringe does not fall with-in any of the groups listed in Appendix B, because it has an additional pipe, the maximum price is determined by adding to the maximum price for the combination syringe listed in the Regulation, the maximum price of the third pipe as determined under Section 1315.1753.
Taxes
Distributors - excise tax. The definition of ’’manufacturer” in Section 1315.1769(a)(2) in-cludes a ’’distributor.” However, the pricing provisions for manufacturers do not apply to distributors since the Regulation provides specific provisions for distributors, see Sections 1315.1755a and 1315.1755b. Accordingly, the requirement in Section 1315.1753(d) that manufacturers of rubber drug sundries, other than victory line, deduct the federal excise tax in the manner indicated if on December 1, 1941 the manufacturer did not bill such tax separately does not apply to distributors of such rubber drug sundries.
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In determining his maximum prices under Section 1315.1755a, a distributor must determine "the price in effect to him" on December 1, 1941, which means the manufacturer’s selling price on that date inclusive of tax..
Definitions
"Distributor". A chain drug store company purchases rubber drug sundries under the company’s private branch from a manufacturer. The sundries are not finished, packaged or assembled. The manufacturer also sells the sundries under its brand name. If the chain store company resells the sundries primarily to wholesalers or resells them primarily other than at retail under its brand, the company is a "distributor" since the sundries sold by the company bear a different brand and therefore are different articles than those sold by the manufacturer under his brand.
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Maximum Price Regulation No. 301
RETAIL AND WHOLESALE PRICES FOR RUBBER DRUG SUNDRIES
Applicability
Doctor of medicine who sells or delivers at retail or wholesale any rubber drug sundries listed in Appendix A which were produced after January 31, 1943 is subject to the Regulation; if a doctor of medicine buys or receives from a manufacturer any rubber drug sundries listed in Appendix A of Regulation No. 300 (Maximum Manufacturers* Prices for Rubber Drug Sundries) which are produced after February 1, 1943, the prices charged him are subject to that Regulation.
Marking and Posting ■
Marking of retail ceiling price. Under Section 1315.1787(b), mail order houses may mark their retail ceiling price H0ur Ceiling $...." instead of "Retail Ceiling $ ...", provided the seller only sells at retail.
Maximum Prioe Regulation No. 403
CERTAIN RUBBER COMMODITIES PURCHASED FOR GOVERNMENTAL USE
Applicability
Lump sum sale. Where commodities subject to the Regulation are sold together with com-modities nob covered by it, for a lump sum, the Regulation is applicable only.to those commodities covered by the'Regulation. The commodities not covered must be priced separately under the appropriate price regulations.
Maximum Price Regulation No. 435
- k	NEW BICYCLE TIRES AND TUBES
Price Determination • / " T r r " r
Volume discounts. The volume bonus discounts to jobbers under Appendix A(a)(5) may be based on the seller’s Het volume of sales during the year, only if it was his customary practice to so calculate volume bonus discounts during March 1942.
Maximum Prioe Regulation No. 477
SALES OF RUBBER HEELS AND SOLES IN THE SHOE
FACTORY AND HOME REPLACEMENT TRADE
Applicability
Soling containing neoprene. The sale of soling material containing neoprene is covered by the Regulation.
2016
Maximum Price Regulation No, $28
TIRES AND TUBES, RECAPPING AND REPAIRING
Applicability
General. The regulation applies to transactions in the United States, territories and possessions.
Retail prices for new rubber tires and tubes. Appendix A applies to the sale at retail of all rubber tires and tubes for the types of vehicles listed in the Regulations, if such tires and tubes have been used less than 1,000 miles.
Solid rubber tires. The sale at retail of new solid rubber tires is covered, provided such tires are for the types of vehicles listed in the Regulation.
New tires with beads removed. New tires from which the beads have been removed are not*covered by the Regulation.
New tires and tubes damaged by fire. A rubber tire that has been used less than 1,000 miles is a new tire under the Regulation even though it has been damaged by fire, water, and smoke. If the damaged tire is sold as is at retail, it is covered by Appendix A as a new tire. However, if the damaged tire is recapped, it is covered by Appendix C as a retreaded or recapped tire.
Sale at retail. A sale of new tires to a State Highway Department for the use of that department is a sale at retail and is covered by the Regulation and not by Maximum Price Regulation 143.
Used tractor and farm implement tires. The Regulation covers sales of used tractor and farm implement tires of the sizes specifically listed in Appendix B. The captions to the tables refer only to the usual use of the listed tire sizes. Used tires and tubes of sizes not specifically listed in Appendix B are covered by the General Maximum Price Regulation.
Used motorcycle tires. Used motorcycle tires are covered by the Regulation if they are of the sizes specifically listed in Appendix B.
Purchase of used tires by a used-car dealer. A used-car dealer who purchases used tires and places them on used cars which he sells as a unit is subject to the maximum prices for used tires with respect to such purchases; he is buying used tires in the course of trade and business, since the purchase of used tires is part of his business of selling used cars.
Sales for reuse. The Regulation covers all sales of used tires and tubes at wholesale as well as at retail. Exception in Section 1(a)(2) of sales for a purpose other than use on a wheel of a vehicle refers to ultimate use, for example, scrap rubber, and does not include sales to purchasers who will resell for ultimate use on vehicles.
Price Determination
Trade-in allowance. The allowance for a used tire traded in on the purchase of another tire cannot exceed the maximum price established by Appendix B for a used tire.
Passenger car tire to be used on a truck. A used 6-ply passenger car tire to be mounted on a truck takes the maximum price for a used passenger car tire.
Truck tires. A tire must be a truck tire as recognized by the trade to entitle the seller to the maximum price established for used truck and bus tires. The tire markings will generally indicate whether the tire is a truck tire.
Extra charges for enlarging or cutting down used tubes. A seller who enlarges or cuts down
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a used tube may not sell the tube at a price higher than the maximum price for a used tube of the resulting size. The seller may not make a charge for the enlarging or cutting down of the tube to the extent that the total price charged exceeds the maximum price of the resulting size of the tube.
Basis on which recapping price is determined. The applicable maximum price under Appendix C for recapping is determined by the type of tread applied and not by the kind of carcass to which it is applied. Thus, applying a passenger car tread on a truck tire carcass is subject to the maximum price established for applying passenger car types of tread.
Stop-start treads. The maximum price for recapping with stop-start treads apply, regardless of” the original tread upon the basic tire carcass. However, the maximum prices for stop-start type of tread apply only when such treads are applied to tires of a listed, stop-start size or of a size generally recognized as equivalent to one of the listed stopstart sizes.
Credit sales. If the seller during March 1942 had two prices, one for cash and one for credit sales, so that he was in fact making a demonstrable separate extra charge for the extension of credit, he may continue the charge for the extension of credit provided that the posting requirements are complied with, he bills the extra charge separately, and the extra charge truly reflects the actual difference in the selling price of March 1942 between a cash sale and a credit sale.
Taxes
Excise tax on camelback used in recapping may not be added to the maximum prices for recapping and for recapped tires.
Classification
Ground grip, mud and snow. As used in Appendix C, ground grip type of tread includes the tread design known in the trade as mud and snow.
Violations and Evasions
Tying agreements. It is a violation of the Regulation to agree to sell a tire or tube or recapping or repairing service only upon the condition that the purchaser agree to purchase another commodity or service, regardless of the price, placed upon the additional items.	,
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SOLID FUELS
general Interpretations
Taxes - 1942 Revenue Act. The four cents per net ton transportation tax imposed on coal by the 1942 Revenue Act may be passed on to the ultimate consumer by a seller who paid the tax, provided the tax is stated separately on the invoice. Under the Revenue Act, the term "coal” includes bituminous, anthracite, lignite, coke, and several other miscellaneous solid fuels.
Leasing land and other real property for mining purposes. The leasing of land and other real property for mining purposes has been held not to be subject to OPA price régulations for solid fuels, including the following situations:
A company leases land from which it mines coal and pays the lessor stipulated royalties per ton. •
A company, in addition to leasing land from which it mines coal, leases a tipple site, a mule pasturage, and a site on which are located houses for occupancy by miners.
Compensatory Adjustment Regulation No. 1
WARTIME INCREASES IN THE COST OF TRANSPORTING BITUMINOUS COAL
Eligibility for Compensation
Shipment in barges. In determining eligibility for compensatory adjustment, the restriction in Section 1411.1(a) on shipments in cargo boats of 1,000 gross tons or more does not apply to shipments in barges regardless of capacity.
"Normally,received" southern bituminous coal. A person who received at his "establishmentt southern bituminous coal transhipped from Hampton Roads via tidewater ..." for a number of years prior to January 1, 1942, with the exception of a short period in 1941 when such coal was not 'available to him has "normally received ... southern bituminous coal" prior to January lj 1942, and is eligible for compensatory adjustment if he otherwise qualifies under Section 1411.1(a)
Where the route specified in Section 1411.1(a) was not used to ship southern bitumi-
nous coal to a retail dealer during the year 1941, such coal was not "normally received" over the specified route, and the retail dealer is not eligible for compensatory adjustment eyen though such route was customarily used for a number of years. However, a tetail dealer who purchased southern bituminous coal in 1941 from other suppliers whose coal was received over that route in 1941 may apply for compensatory adjustment if he otherwise qualifies under the Regulation and now purchases southern bituminous coal from the supplier f.o.b. mine and pays the transportation costs, since he qualifies as a "receiver" of bituminous coal under Section 1411.4(a)(12).
Receiver of Anthracite briquets. A receiver of anthracite briquets, having a solid fuel content made up entirely of Pennsylvania anthracite, is eligible for compensatory adjustments if he otherwise qualifies under Section 1411.5(a).
A dock operator is a "bituminous coal dealer" within the meaning of Section 1411.3(a)(1) and may, therefore, apply for compensatory adjustment under that Section even though he did not normally purchase coal on a free alongside delivery basis. Thus, a dock dealer who normally purchased coal f.o,b. mines or piers and arranged for his own transportation may apply for special adjustment under the Section where he now receives coal by an allrail route.
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Public competitive bidding. A sale "under contract awarded the dealer in public competitive bidding” under Section 1340.256(b) means a sale under a contract awarded a dealer after the submission of bids in which all dealers who are in'a position and desire to bid may do so, and where competitive bidding could reasonably be expected. The competitive bidding may be solicited through telephone as well as public advertisement.	.
Coal intended for one purchaser inadvertently delivered to another. See page 21:18.
Transportation charges. A seller computed his maximum price during the base period December 1941 on an f.o.b. dock basis. Deliveries from the dock were made by truck for which the seller customarily charged the.then prevailing common carrier rate for the same haul. The maximum charges for deliveries by truck must now be based on the common carrier rate' for the same haul in December 1941 and not on the present common carrier rate, since under Section 1340.252(b) a delivery service charge may not be increased over that charged by the. seller in December 1941 for the same service. Where the seller makes deliveries in his trucks to a point other than that to which he made deliveries during the base period, the delivery service charge must be based on the December 1941 common carrier rate to that point for the same hauls.
Rule 1 - increased freight rate. Under Rule 1, Section 1340.254(b), a retail dealer may add to his highest December 1941 price certain increases in his '’supplier’s maximum price”. An increase in the cost of transporting the coal from the supplier’s mine to the Retailer’s yard is not an increase in the supplier’s price for coal at the mine, and therefore, may not be added.
Change in nature of operations.
Question; A company desires to change the nature of its operations from that of trucker to equipped dealer. May the company increase its maximum prices to cover increased expenses of storage, handling, weighing, etc.?	z
Answer: No. A change in the nature of the operations from that of trucker to equipped dealer does not permit a change in maximum prices. The company must determine its maximum prices under Rule 1, Section 1340.254.
Newly incurred service charge. A dealer who for the first time is charged for a service, such as anti-freeze treatment on anthracite, by a producer may not add the producer’s charge to his maximum price since the definition of "supplier’s maximum price” states such price is to be taken before the addition of any special service charge.
Taxes
Transportation tax - ”the amount of tax paid by any of his prior suppliers”. Where the in-creased transportation tax effective December 1, 1942, was paid by the dealer’s supplier and passed on to the dealer, he may in turn pass on this increase to his purchasers of such coal, Section 1340.265. The dealer may identify the coal on which the tax increases may be passed on to his purchasers by: (a) identifying the tonnage upon which the tax increase was paid and passed on to him, or (b) passing on the tax increase to his purchasers after he has delivered an amount equal to his inventory as of November 30, 1942, the day preceding the effective date of the Amendment which first permitted the tax increase to be passed on by . the dealer.
Invoices - posted prices - separately stating Federal transportation tax. See page 21:25.
Posted prices. See page 21:25.
Definitions
"Cocktail coal” which is a mixture of freshly mined coal and reclaimed -coal is not the * "same fuel" or the ”same solid fuel" as reclaimed coal.
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"Supplier who is the same person as the dealer". The term "supplier who is the same person as the dealer” in Section 1340.254(b)(2) means any person or form of business enterprise which performs the functions of supplying itself with the fuel it deals in. An "affiliated supplier" may or may not be the same person as the dealer. The phrase does not apply to corporate suppliers with wholly-owned subsidiaries. Thus, a wholly-owned subsidiary which receives its fuel from-a parent corporation is not a "supplier who is the same person as the dealer".
Records and Reports
Reports to War Price and Rationing Boards. Retail dealers in solid fuels are required to file reports of their maximum prices with' the appropriate War Price and Rationing Board.
Invoices - posted prices - separately stating Federal transportation tax. A rubber stamp notation on a sales invoice that the "above price includes Federal Transportation Tax of 4/ per ton" is sufficient as a separate statement of such tax within Section 1340.265(b).
Posted prices. A dealer may not include the Federal transportation tax in his prices which are posted in his place of business. The ruling is the same as to his maximum prices filed with his War Price and Rationing Board and advertised prices appearing in newspapers or other mediums, even though he has a notation that the prices include the tax.
The distinction between notations on invoices and on posted or advertised prices is that invoices show the "price charged" while the prices which are posted or filed with the Rationing Board and advertised prices are "maximum prices". Since the transportation tax is an addition to the maximum price, it is not part of the maximum price and must be stated separately therefrom. A rubber stamp notation bn the invoice is also permitted because the billing machines used by many dealers are not adaptable to setting forth both the price charged and the transportation tax.
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SERVICES TRADES
Maximum Price Regulation No, 165
'SERVICES
Applicability
Commodity sold in connection with service, "Services” under the Regulation includes the work done, and any commodity or article sold in connection with thè sale of such services, and the itemized billing of the part or commodity separate from thè cost of the service will not take the part or commodity out of the definition.
Photographic service rendered by a commercial or portrait photographer in taking and making a picture specifically ordered by a purchaser is covered by the Regulation since "service" includes any commodity or article sold in connection with the sale of a particular service.
The sale of pictures not taken or made upon the specific order of the purchaser is covered by the GMPR, as being the sale of a commodity.
Rentals,, The leasing of a commodity under a rental contract which enables the lessee to acquire title thereto at any time during the term of the lease by payment of a stated valuation less allowance for depreciation is a "rental" under the Regulation if the allowance is not related to the amount of rent paid under the rental contract.
If, however, a rental agreement is a substitute for a conditional sale, as when it gives the lessee an option to buy by making a nominal payment at the end of the term, the transaction is not a "rental” within the definition.
Unloading coal. Where coal to be consumed in Alaska is purchased from a Utal coal com-pany and shipped to Seattle, at which point another coal company performs the service of unloading the coal from railroad cars into barges (sacking all or some of it), whence it is shipped by the Army to Alaska, the services rendered by the coal company in Seattle, not being rendered in connection with its own sale of coal, are not in such instance subject to MPR No. 120, but rather to R 165.
Taxicab rentals and storage services, Where a taxicab company owns cabs and leases them to drivers at a stipulated daily rental, the transaction is covered by the Regulation as a rental of automobiles.
Where the drivers own the cabs and pay the company a certain sum per day for use of cab stands, the service is covered by the Regulation as the storage of automobiles.
Charges made by the company to the drivers for use of call boxes and PBX services are exempted from price regulation as telephone secretarial services (Supplementary Regulation No. 11, Section 1499.46(b)(80)•
Taxicab fares are exempted from price regulation under Section 1499.46(b)(92) of Supplementary Regulation No. 11.
Freight forwarding. A company engaged in the freight forwarding business whose function includes the preparation of ocean bills of lading, dock receipts, export customs declarations and consular invoices, but which is not interested in the purchase or sale or physical handling of merchandise is covered by the Regulation.
"Carloading and unloading,11 means such services in the generic sense, and covers loading and unloading not only of railroad cars, but barges, lighters, trucks, wagons and M mil ar conveyances.
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Automobile and truck rentals. The rental of used automobiles and trucks is covered by the Regulation. Where, however, the transaction actually is a sale of the service of hauling, even though called a rental, it is covered by the GMPR. Thus truck "rentals” in which the truck-owner retains possession and control of the truck (as is usually the case when he furnishes the driver) are covered by the GMPR as a sale of the service of hauling.	I
Truck leasing. The leasing of a delivery truck to a creamery company by a truck leasing * company under a rental agreement which provides for fixed weekly charges for each vehicle, plus a charge for each mile traveled, the lessor to furnish gasoline, oil, tires, garage facilities, and all expenses of operation and maintenance, is subject to the provisions of the Regulation.
Contract transportation. The Regulation covers rental of transportation equipment, but does not cover trucking, local hauling or transportation by contract carriers since such services do not involve any rental of the equipment which remains in the possession and control of the owner. Côntract transportation by other than common carrier is covered by the GMPR.
Servicing of transportation equipment preparatory to shipment of commodities. Pre-cooling or icing of refrigerator cars, cleaning or sandblasting of tank cars, etc., are covered by the Regulation.
Contract to build house. A contract to build a house is subject to the regulation because the service involved is rendered in connection with the installation of the commodities making up the house.
Grading and excavating are subject to the regulation since these services facilitates the building of a structure or involve the moving of a commodity, to wit, earth.
Machinery repair and maintenance. The following services are subject to the Regulation and not to MPR No. 136 when they are rendered in connection with the repair, maintenance or rebuilding of automotive vehicles;
Crankshaft regrinding Cylinder reboring Repairing and rebuilding Automotive generators and starters
Reconditioning and rebuilding motors
Clutch refacing Brake-shoe relining
Overhauling and reconditioning carburetors
Rebabbitting connecting-rods
Align boring of main bearings
Truing brake drums
Brake lining installation
Clutch,rebuilding
Cylinder head resurfacing
Valve refacing
Maintenance of scales by a common carrier. Rates and charges for maintenance, rental or repair of scales by a common carrier which operates scale maintenance equipment are covered by the Regulation since those services are not performed by the carrier in its capa
city as a "common carrier."
Packing of household goods by a common carrier. Packing or packaging services not required to be done in order to transport household goods properly are not services accessory to transportation, and are, therefore, subject to the Regulation even though they are rendered by a common carrier in connection with commodities actually transported by it. See also page
Rental of truck-mounted winch. The rental of a truck-mounted winch powered from the truck motor is considered to be a rental of automotive rather than construction equipment and primarily a transportation service. Therefore, the bare rental is subject to Regulation No. 165; Regulation No. 134 is not applicable.
Sales and rentals by linen supply houses. See page 18:1?.
Rental of transportation equipment. The rates for the rental of buses where the driver
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is not furnished are subject to the Regulation.
Purchase of furniture through an interior decorator. The charge made by an interior decorator for purchasing furniture on behalf of a customer is subject to the Regulation since such a service, where the decorator buys in the name of and for the account of the customer, is a transaction in the nature of commission selling. However, if the decorator sells furniture which he had in stock the transaction is a sale of a commodity and subject to the General Maximum Price Regulation.
Arranging for blood donors and blood transfusions. A bureau on t he request of hospitals or individual patients contacts blood donors arranges for blood transfusions, and on collecting the donor’s fee from the hospital or patient retains a portion thereof for its services. The fees which the bureau may receive are governed by the Regulation.
Commission selling of auto repair services. Gasoline filling stations which r efer customers to an auto repair shop for repair work and which receive a ’’cut’’ on the .bill are commission sellers. The charges of the service station may make are regulated by the Regulation.
Foreign agents* commissions. The fees a broker located in this country may charge for locating and purchasing machine tools -in a foreign country for a domestic buyer are subject to the Regulation.
Farm equipment rented for non-farm use. The rental of farm equipment, such as noncrawler type farm tractors, drills, disc plows, etc., is covered by the Regulation' regardless of the use to which the equipment is to be put. Thus, the fact that such equipment may be used in building an air field will not exempt such rentals from the Regulation.
Carloading or unloading as a part of storage. Although the rates and charges for car loading and unloading are ordinarily covered by the Regulation the rates for such services may be subject to the General Maximum Price Regulation if the loading or unloading operation is a part of a storage or warehousing service, and if such charges are not billed separately.
Metal work, plating and replating of materials. Prices charged commercial or industrial typewriter rebuilders for metal work, plating, and replating of materials used in the rebuilding of typewriters are subject to the Regulation.
Engraving of print rollers for textile printing is governed by the Regulation.
Depreciation allowance in a truck rental with a recapture clause. Aft agreement providing for the rental of a truck specifies that the lessee may purchase the truck at any time during the term of the lease at a stated value less an allowance for depreciation. Although the regulation covers the "rental” of trucks, the Regulation provides that an agreement which gives the lessee "an option to buy the leased commodity at a stipulated price from which all or a portion of the payments made as rent are to be deducted" is not a "rental" covered by the Regulation. If the allowance provided for is truly an allowance for depreciation rather than a rebate of rental, (i.e., the allowance is actually an amount commensurate with the normal figure allowed for depreciation of such a truck over the stated period of time), the agreement is a "rental", and the rent paid is governed by the Regulation. However, if the allowance although called an allowance for depreciation is really a rebate of rental, then the agreement is not a rental covered by the Regulation but is controlled by the GMPR.
Packing and wrapping-incidental supply of a container. The charge that a company whose main business is sacking and wrapping may make for packing and wrapping commodities for shipment (and incidentally supplying a packing case) is governed by the Regulation. The Regulation governs the price that may be charged, including an amount for the container in which thé commodity is wrapped, even though the company manufac- -tures the containers itself, and despite the fact that but for its connection with the packing operation, the container's maximum price would be governed by another Regulation.
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For example, a company manufactures containers in which to ship aircraft. It also packs the aircraft in the containers. About two-thirds of the company’s employees are engaged in the packing and wrapping operations and the packing cases are supplied as part of these operations. In such a case, the maximum price the company may charge for the entire operation is governed by the Regulation provided that the container is not separately sold or billed, but its price is merely included in the total charge made. It is immaterial that the maximum price for the container if it were sold separately would be governed by MPR 195—Industrial Wooden Boxes.
Commission Selling - negotiation of contracts. Fees charged per barrel by a company for negotiating contracts for the purchase of crude oil by its refining corporation affiliate are governed by the Regulation.
Commission selling by a marketing co-operative. A marketing co-operative, operating on a non-profit basis, markets for the'account of its grower-members citrus fruit produced by its members. It sells the fruit and performs all services incidental thereto for a specified sum which it deducts from the sale price of the fruit, turning the balance of the proceeds over to the growers. The co-operative is engaged in commission selling under the Regulation. The co-operative cannot be classed as an ’’employee”' of the growers who are members of the co-operative.
Resident buyer services. The charges that a resident buyer may make for his services are governed by the Regulation. Such services involve, mainly, the purchasing of commodities bn behalf of a reseller. The arrangements may provide either that the buyer’s compensation be a commission on each item purchased, or that it be a fixed monthly fee. (Such services should be distinguished from those rendered by a merchandising counsellor. The latter are exempted from price control by Section Ih99*h6(b)(56), Revised Supplementary Regulation No. 11 to the GMPR).
Privately owned bowling alleys. The limitations of Revised Supplementary Service Regu-lation No. h' bh the charges that may be made by bowling alleys apply to privately owned alleys which service only a limited clientele (such as YMCA alleys on which only members may play) as well as to other alleys.
Microfilming is. a photographic service under the Regulation.
Services in connection with miscellaneous solid fuels. Charges made for any special service rendered in connection with miscellaneous solid fuels delivered from producing facilities (including, specifically but not exclusively, bags and bagging, specially prepared sizes, split cars containing more than one size, box carloading and truck loading from any producing facility), are covered by Maximum Price Regulation No. 121; they are not ,subject to Maximum Price Regulation No. 165, Section 101(c)(11), or to the General Maximum Price Regulation.
Testing milk for butter fat content. See page 22:10.
Urinalysis and blood count services. See page 22:10.
Bean grading charges by a State Department of Agriculture.- See page 22:10.
Human watchman services. , See page 22:9«
Care of lawn. See page 22:9«
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Price Determination
Discontinuance of low-priced laundry services. A laundry which during l’arch of 1942 of-, fered several types of service at different prices, the lower-priced services being steps in the laundering process which made up the highest-price service, may not now discontinue the lower-price services while continuing to offer the higher-priced service to its customers. ’’Price” includes not only the dollars-and-cents amount charged, but the terms and conditions of sale as well. If the terms of sale are made more burdensome than they were in March of 1942, the price is increased in violation of the Regulation. Requiring a person to purchase additional steps making up laundry services in order to obtain the lower-priced services which were available in March 1942 constitutes a tying requirement which, by making the terms of sale more onerous, results in an increase in the March 1942 price.
Discontinuance of cash-and-carry service. A laundry which in March 1942 maintained a cash-and-carry service as well as pickup and delivery service, charging 10 per cent less for the cash-and-carry service than for pickup service, may not discontinue the cash-and-carry service or prices (unless it extends the discount to its del 1 vary service) even though its agreement with a laundry drivers* union calls for a discontinuance of the cash-and-carry service. A discontinuance wf the cash-and-carry service would be a tying requirement forcing a customer to purchase a more expensive service.
Discontinuance of "free” repair service. If a laundry furnished repair service in -connection with its dry cleaning or laundry work in March, 1942, without extra charge, and now discontinues this repair service, the laundry must refigure its price by making a reduction based upon the value of the repair service discontinued, except as otherwise provided in Supplementary Service Regulation 17.	'
Laundry’s class of purchasers. In order to retain the business of a hotel which it had 18 months previously lost to a competitor, a laundry charged the hotel $2.50 per ' hundred pounds for commercial- flat work during the base period. This rate was lower than that charged during the same period to the laundry’s other customers. The one hotel is in a separate class of purchasers, and the laundry may not now charge it $2.75* the rate charged its other customers.
Claaq of purchasers - contract purchaser. An automobile service station whose rate for servicing cars was $1.50 per hour to all its customers in July, 1941, entered into a yearly contract on July 1, 1941 with the U.S. Soil Conservation Service whereby it agreed to service its cars at the rate of $1.50 per hour. When entering into a new contract in July, 1942, it may raise its rate to the Soil Conservation Service to $1.75 per hour, the rate charged to all its other customers in March, 1942. The Soil Conservation Service is in the same class of purchasers as the station’s other customers since the seller did not differentiate in price at the time of setting the price to the Soil Conservation Service (i.e., at the time of making the contract).
Classes of purchasers - safe deposit boxes. A bank, which, for the past several years has had an established practice of charging lower prices for less accessible safe deposit boxes than it charged for conveniently located boxes, has two classes of purchasers with different prices. Therefore, it may not now charge for all its safe deposit boxes the rates charged for the more accessible boxes.
Discontinuance of free service. Where a person in March 1942 did photo finishing work at a fixed rate and made no charge for the Incidental service of developing the film he may not now charge for developing if he keeps the same rates for the finishing. •
Charges for failure to pay promptly. A person storing, repairing and rendering other services in connection with United States government trucks may make no charge for the government's failure to pay within the second 10 days of the billing month if no such charge was made in March 1942.
Transportation costs of repair parts. In March 1942, when it sold repair'parts as an incident to its repair service, an automotive repair shop absorbed the costs
i
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of transporting such parts from the factory to its shop. The shop may not now pass on to the purchaser those transportation costs if -the shop charges its March 1942 prices for the service.
Change of equipment used in rendering a service. The use of new or different equipment in a photo-finishing service does not in itself change the character of the service offered even though an improved quality of service results, and hence the supplier is limited to the prices he charged in March 1942. »
Laundries - discontinuance of week-end discounts. Many laundries customarily offered a week-end discount to all their customers, pickup and delivery as well as cash and carry to encourage people to send their laundry out on what were otherwise slow days. The laundry would, however, also pick up in each zone on a non-discount day if customers so desired. Now, because of governmental orders restricting truck mileage, many laundries have had to zone their delivery routes so that they no longer pick up or deliver in some zones on a discount day; and in other cases, they now pick up in some zones only on a discount day. In cases where the laundry has introduced such zoning practices, it may discontinue granting discounts to those customers whose laundry is picked up on what were formerly discount days inasmuch as pickup and delivery is now made on the discount day because of the customer’s location, rather than because of his choice.
However, customary week-end discounts must be continued for cash and carry customers since they are in no way affected by the truck mileage restrictions. Furthermore, if a laundry zones its delivery area so that it picks up in bach area on one of the discount days, it must continue the week-end discount even as to its pick-up and delivery customers.
Discontinuance of linen supply service by a laundry. It is not a violation of the Regulation for a laundry to discontinue its linen supply service while continuing its regular laundering services. A linen supply service is not merely an additional step in the laundering of linen; it is a different type of service. Accordingly dropping such’ a service is not the same as dropping lower priced laundering services which are steps in the laundering process which make up higher priced services.
Carload commissions - increase in the size of a standard carload. In March 1942 the commission charged by a citrus brokers’ exchange was a flat fee per carload of fruit. At that time each car contained a standard number of boxes. ODT orders issued since March 1942, have had the effect of increasing the number of boxes shipped as a carload. The exchange, in determining the maximum commission it may now charge on the sale of a carload, may increase its March rate proportionately to the number of boxes added to the standard carload.
For example, a broker in March 1942 charged $20.00 commission for selling a ’’carload", and at that time a standard carload contained 400 crates of a given size. If the ODT rnH ngs require a car to be loaded with 500 crates, the .broker may now charge $25.00 as his commission for selling the new carload. ($20.00 plus 100/400 of $20.00 equals $25.00).
Discontinuance of free services in connection with dry cleaning. In March 1942, a dry cleaning establishment made no charge for such miscellaneous services as sewing rips, «naming pockets, etc., when performed on articles sent to the plant for cleaning and pressing. The plant may not now make a.charge in addition to its March 1942 prices for such services, nor may the plant discontinue these free services without making a compensating reduction in its charges equal to the value of the free services no longer offered’except as otherwise provided in Supplementary Service Regulation 17'.
Discontinuance of options to purchase in a rental agreement. During March 1942 a manufacturer-lessor included in all of his office machine leasing arrangements a lessee’s option to purchase. Inasmuch as the option feature of the rental contract is a valuable right, the lessor may not now omit such an option without reducing his rental charges by an amount sufficient to compensate for the difference in value between a contract which includes the option and one which does not.
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League Bowling - foul line judges supplied free. During the base period, some bowling alley operators made no charge to bowling leagues for supplying foul line judges. Such operators may not now make a charge for supplying foul line judges.
Free diaper service as an advertisement. As a promotional plan in March 1942 a laundry offered two weeks* free diaper service of a dozen diapers a day for babies not over 4 weeks old. The plan was offered without any restrictions as to the continued use of the service at the expiration of the trial period. Since it was an entirely free offer in the nature of an advertisement, the offer may now be discontinued.
Increased excise taxes on photographic materials, A supplier of a photographic service may not increase his maximum prices to compensate for increased excise taxes on the photographic materials he must purchase in order to render the service, since such taxes are not imposed on the sale of the service as such.
Deposit on rented equipment. Laundries which maintain a diaper service may require a reasonable deposit for diapers, containers, baby scales, bottle sterilizers and other infant necessities of a durable nature which they rent to customers, but in no case may the deposit exceed the ceiling price for the article rented. 'Vhen the articles are returned after the service is terminated, the deposit must be refunded to the customers in full without any deduction for reasonable wear and tear inasmuch as the normal rental fee is calculated to include reimbursement for normal wear and tear.
Transfer of business. A service station which, during the base period, permitted patrons and non-patrons to leave theii* automobiles on adjoining vacant lot, for which it made no charge, now leases the lot. Lessee is not a transferee of a "business” and therefore does not have to take as its maximum price (zero) that of the service station but establishes maximum prices under first available pricing method of Sections 4 and 5 of the Regulation. Service station was not conducting a business by allowing patrons and others to use the vacant lot as an accomodation.
Records and Reports
Companies using Flat Rate Manuals. Service companies who use Flat Rate Manuals must include the following in the statements required by Section 14(b)(ii):
(a)	An identification of the Manual by name, edition, number and date.
(b)	The rate per hour for work done where Manual requires use of , a rate or where a rate was actually used.
(c)	An enumeration of all cases where the Manual was not followed as a matter of custom, and the prices used in such cases.
Exemptions
Book rentals. The rental*of books is not regulated by either the General Maximum Price Regulation nor Maximum Price Regulation No. 16$. Since.books are specifically excepted from the definition of the term "commodity” in Section 302(c) of the Emergency Price Control Act of 1942, the rental of books is neither a sale of a commodity nor a service rendered in connection with the processing, storage, etc., of a commodity.
Rental of motion pictures. Prices charged for the rental of motion picture films are not regulated since the Bnergency Price Control Act of 1942 excludes motion pictures from the definition of "commodity”.
Rental of motion picture trailers. The rental of trailer motion pictures advertising forthcoming productions is not subject to price control.
Barber services. Services rendered by barbers are not regulated, since they are not rendered in connection with the processing, distribution, storage, installation, re
pair, or negotiation of purchases or sales of a commodity. Of course, sales of commodities by barbers (e.g., bottles of hair tonic) are regulated.
Bank charges for checking accounts. Bank charges for the maintenance of checking accounts are not regulated as the charges do not involve a commodity.
Messenger delivery service. Package and letter delivery service such as are performed by Western Union and Postal Telegraph messengers, consisting of calling for and delivering letters and packages in cities usually by bicycle, is a common carrier service and hence excepted from price control. Since any member of the public can call in and obtain the service of a messenger and equipment are available, the supplier meets the common carrier test of holding itself out to perform transportation service for hire for the public generally.
Prues sold by physicians. The price which a physician charges for drugs sold in the course of and as a part of medical treatment of a patient, is not regulated since the charge for the drugs is regarded as being a part of the unregulated service supplied by the physician. However, where a physician’s sale of drugs is in no way a part of his medical treatment of the patient, the sale is governed as the sale of a commodity.
Packing of household goods by a common carrier. Those services in connection with the packing and packaging of household goods which must be performed, by the common carrier in order to move the goods properly, are common carrier services since they are accessory to the transportation service, and are therefore not subject to price control.
Press clipping services. Prices charged by press clipping bureaus for clipping excerpts from books, magazines, periodicals and newspapers are not subject to price control; such services are.not rendered in connection with a commodity since the Emergency Price Control Act of 1942 excludes books, magazines, periodicals and newspapers from the definition of “commodity, ’•
Distribution of trade and text books. Prices charged by a company for distributing general trade and text books for publishing houses are not subject to price control since the Emergency Price Control Act excludes books from the definition of "commodity.”
Dues of automobile club members. Annual dues of automobile clubs are not subject to price regulation^ Such clubs customarily perform the following services: traffic safety programs, schoolboy patrols, legislation service, highway and street safety and improvements, emergency road service, travel information, automobile and drivers' license service, claim and adjustment service, personal accident insurance, instructions for driving, bail bond, and auto theft prevention.
The services performed are not for the most part rendered in connection with a commodity. In the few instances when they are rendered in connection with a commodity, such as emergency road services, it is impossible to segregate the portion of the dues charged to cover this service and the portion of the dues charged to cover the other services.
Services of an oculist. The services of an oculist in examining eyes and prescribing glasses are not under price control.
Printing company acting as an advertising agency. The exemption in Section 46(b)(3) of Revised Supplementary Regulation No. 11 for rates charged by advertising agencies ex-tends to the rates charged by a printing company when it acts in the capacity of an advertising agency. In performing the following services, a printing company would be considered as acting as an advertising agency, for the purposes of the exemption:
(1)	Mal1ing of premiums to persons sending in product labels in response to radio advertising campaign;
(2)	Conducting contests for companies through the radio and the selection of prize winners;
(3)	Preparation of lists for direct mail advertising;
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(4)	Distribution of advertising coupons by door-to-door canvassers on behalf of clients who advertise;
(5)	Distribution of grocers’ orders for advertised products to local jobbers to satisfy the anticipated demand from the advertising campaign.
Farm services with equipment. When a farmer, using his own equipment, does custom work for other farmers, the transaction is not the rental of the equipment but is the rendering of services on a farm in connection with the planting, etc., of agricultural commodities, and is therefore not subject to price control unless the service is specifically covered by regulation.
Distribution and folding of newspapers and magazines. Prices charged by a distributor for delivering and for folding newspapers and magazines are not subject to price control si no« the Emergency Price Control. Act excludes newspapers and magazines from the definition of ’’commodity”.
Rental of a private garage. The prices charged for the rental of a private garage where the lessee has full control over the premises and where the lessor renders no services such as protection, or cleaning of the premises are not subject to price control. Such a situation should be distinguished from the case where a person rents space in a public garage to store his car. In the latter case, the lessor is supplying a. service in connection with a commodity and the rates he may charge are therefore subject to RMPR 165.
Charges for dumping privileges. Charges which the owner of real property collects from a scavenger company for the privilege of dumping garbage on the property are not governed by the Regulation, the scavenger company is paying for the privilege of using the property and not for a service performed by the owner of the property.
Sharpening of bits used in compressed air jacks hammers. The prices charged for sharpening bits used in compressed air jack hammers in mining operations are governed by FPR No. 136 and not by Regulation I65. Such bits are ’’expendable tools” and are deemed a part of ’’mining machinery” or ’’portable power driven tools.”
Human watchman services. Charges for human watchman services are excepted from the GMPR and Revised Maximum Price Regulation No. 165 by Section 1499.46(b)(98) of Revised Supplementary Regulation No. 11.
Care of lawn. The service of mowing, trimming, raking and tidying a lawn is exempted by Section 1499.46(b)(127) of RSR 11.
Rental of display cards, photographs and stills of moving pictures. Prices charged for the rental of advertising matter (such as display cards, photographs and stills of moving pictures) which is used in connection with the commercial showing of motion pictures are not subject to price control because the services involved come within the exceptions for ’’advertising agencies” and ’’window display services” in Section 1499.46(b)(3) and (100) of Revised Supplementary Regulation No. 11.
Jewelry. The following articles are considered jewelry, and charges for their repair or engraving are exempt from price control under Section 1499.46(b)(48) of Revised Supplementary Regulation No. 11 to the General Maximum Price Regulation:
(1)	Gold compact.
(2)	Compact set with precious stones.
(3)	Compact set with semi-precious stones.
(4)	Platinum cigarette case.
Charges for ambulance services are exempt from regulation under Section 46(b)(92) of Revised Supplementary Regulation No. 11 since they are charges for the transportation of persons
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rather than for the rental of transportation equipment.
Compilation and analysis of statistical data. The compilation and analysis of statistical data pertaining to freight tariffs is a research service within the meaning of Section 46(b) (68) of Revised Supplementary Regulation No. 11 of the General Maximum Price Regulation; the charges made for such services are, therefore, not subject to price control.
Services in connection with oil wells. Services such as the building and dismantling of pumping derricks,-the Installation and maintenance of production equipment, general oil well servicing, and oil lease roustabout work are operations necessary for the drilling of oil or gag wells. Accordingly, charges therefor are exempted by Section 1499«46(b)(106) of Revised Supplementary Regulation No. 11 to the GMPR.
Screening and sanding - snow removal. Screening and sanding performed in connection with the control of snow and ice on highways fall within the general category of "Snow Removal Services" which are exempted from price control by Section 1499.46(b)(109) of Revised Supplementary Regulation No. 11 to the GMPR.
Testing milk for butter fat content is not a research service within the meaning of Section 1499.46(b)(68) of Revised Supplementary Regulation No. 11, but is a mere routine operation in the nature of an inspection performed-by simple and standardized mechanical means. Hence charges for the Service are not excluded from control by the Revised Supplementary Regulation and are covered by R 165.
Taxicab rentals and storage services. See page 22:1.
Urinalysis and blood count services are not services rendered in connection with the proc-essing, etc. of a commodity. They are personal services and not performed to ascertain the value of an article of trade, but rather to ascertain the health status of the person submitting the specimen for testing.
Bean grading, charges by a State Department of Agriculture, Charges made by the Michigan State Department of Agriculture for bean grading are subject to the Regulation. Bean grading is not a type of grading contemplated by the exemption of Section 46(b)(42) of Revised Supplementary Regulation No. 11 to the General Maximum Price Regulation, nor are the charges made by the State Department of Agriculture "approved” by the United States Department of Agriculture within the meaning of the above exemption.
Resident buyer*s services. See page 22:4
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REGULATIONS OF GENERAL APPLICABILITY
Maximum Price Regulation No. 188
MANUFACTURERS* MAXIMUM PRICES FOR SPECIFIED BUILDING MATERIALS AND CONSUMERS* GOODS OTHER THAN APPAREL
Applicability	, ,
Scope of the Regulation. The scope of the Regulation is limited and defined by the list of broad commodity classification headings used in the Appendix. The lists of particular commodities under the headings are merely illustrative, and indicate only some of the commodities which are included under the appropriate heading.
Offer to sell prior to end of waiting.period. The Regulation, under certain circumstances, prohibits a person from selling or offering to sell a commodity covered by the Regulation prior to the expiration of the 15-day waiting period after filing a tentative price with the OPA. Section 1499.151 of the Regulation incorporates by reference the definition of "sell* found in Section 20(v) of the General Maximum Price Regulation, which states that nothing in the Regulation shall be oonstrued to prohibit the making of a contract to sell at a price not to exceed the maximum price at the time of delivery. Accordingly, the prohibition against selling prior to the end of the waiting period does not operate to prevent a person, prior to that time, from informally divulging his tentative price to a prospective purchaser, and thereafter selling the commodity pursuant to a contract which names no price, but which provides that the price is "not to exceed the maximum price at the time of delivery*.
Sale of mattress. See page 1:4
• •
Cotton floor coverings. Cotton floor coverings manufactured on the same type of looms as ordinarily used for fabricating wool floor coverings, and simulating the appearance of wool floor coverings, are "comparable articles" as defined in Section 1499.157(d), and therefore subject to the Regulation. They have the same general use and construction, even though different materials are used.
Copper water light, A copper water light, a chemical preparation with a flare placed in a copper cylinder attached to a life preserver, is subject to the Regulation as "life saving equipment", see Appendix A(b)(9).
Container for rouge. A one-eighth ounce container made of plastic and sold to cosmetic manufacturers as a container for rouge is subject to the Regulation as a "notion", Appendix A(b)(10)(ii).
Wire stretchers. Wire stretchers are "farm and garden tools and supplies" and therefore covered at the manufacturer level by the Regulation.
Glass parts of lighting fixture for airports, airways and seadromes.« See page 16:19,
Arc lamps and glass reflectors for arc lamps. See page 16:20.
Coat hangers. See page 18:10.
Manual valves. See page 16:21.
"Industrial boilers," See page 16:17.
Government subcontracts. "Sales to the United States Government", as used in the Regulation, does not include sale's under subcontracts to government contractors. Accordingly the special provisions for sales to the United States Government are not applicable to contracts between a mattress manufacturer and a hotel company even though the contract bears a priority number and an end use symbol from the United States army or navy.
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Common brick. The term "structural clay products, brick and hollow tile (glazed and unglazed)", Appendix A(a)(2), includes what is uniformly known in the trade as "common brick".
Burial casket interiors. Burial casket interiors, i.e., upholstery for caskets, which are finished products sold "to casket manufacturers who insert them into the box containers, are subject to the Regulation as "funeral supplies and appurtenances", Appendix A(b)(2).
Leather wallets. Leather wallets are covered by the Regulation at the manufacturers' level as ^personal and household accessories: (ii) notions," Appendix A(b)(10).
I	.	■	,	' • ' ;	/ ,
Lighter fluid. Lighter fluid is covered by the Regulation at' the manufacturers’ level as "Smokers* articles", Appendix A(b)(10((xViii).
Mattress covers. Mattress covers are not. subject to Regulation No. 188; the General M ximum Price Regulation applies.
"United States Governaent or any agency thereof". A sale to a company operating under a Defense Plant Corporation contract, where the contract is made on behalf of the United States Maritime Commission, is not a sale to the "United States Government or any agency thereof”, within the meaning of Section 1499.163(a)(5).
Cigar and cigarette holders made of hard or balata rubber. Cigar and cigarette holders made of hard or balata rubber are covered by the Regulation az "smokers' articles ... cigarette and cigar holders", Appendix A(b)(10)(xviii); even though made of rubber they are not covered by Regulation No. 149 or Regulation No. 220.
Crutches. Crutches are covered by the Regulation as "health supplies, equipment", etc., Appendix A(b)(17).
Dehydrator units. Dehydrator units are installed in various machinery to’removd moisture from oil and air, an3 are sold by the manufacturers of refrigeration equipment and compressors. The unit is also used,in other types of equipment, including communication and signaling apparatus and radio transmitting and receiving apparatus. The dehydrator unit is a specialty product subject to the Regulation as "commercial refrigeration and summer air conditioning", Appendix A(a)(l)(vi).
Domestic concrete incinerators. Domestic concrete incinerators are subject to the Regulation as Masonry and construction materials: concrete products: cast shapes and oast stone", Appendix A(a)(2).
Fireplace grates. Order No. 104 under Section 1499.158, effective December 24, 1942, covering all fireplace grates made of welded steel or iron scrap which weigh 26 to 30 pounds, inclusive, does not apply to grates which manufacturers had already delivered to that date. Fireplace grates which are not within the terms of any orders issued under Section 1499.158 of Regulation No. 188 are subject to Regulation No.' 210 as "andirons and fireplace equipment", Appendix A(h)(8).
Manufacturers* sales of cast iron fireplace grates. See page 13:26. «MMMMMMN^toMMKM***«^**«****«-*-*^«*««******«.««^^«**^..	/.
Lime-rock and residue. Lime rock used for sugar refining and lime rock residue (small pieces of lime rook which drop through the screen) are subject to the Regulation as "lime, chemical", Appendix A(a)(2).
"Notions", Appendix A(b)(10)(ii), includes, billfolds, key cases, card oases, identification card holders, and wallets made of leather, leatherette, fabriooid, and paper products.
Poker chips. Poker chips are not "games" within the meaning of the Regulation, Appendix A(b)(16); the General Maximum Price R gulation applies.
Grave monuments and markers. The Regulation covers sales of manufacturers of granite or marble grave monuments or markers under the classification "dimension stone", Appendix A(a)(2).
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Fine pulverized dried sand. The sale of fine pulverized dried sand used as filler in ferti-
lizer mixture is subject bo the Regulation as "sand and gravel". Appendix A(2).
Grave vaults. Grave vaults are specifically covered by the Regulation, and the maximum price includes the cost of placing the vault in the grave. The fact that sane installation services are rendered in connection with such sales does not make Regulation No. 251 applicable •
Building materials sold on an installed basis. Building materials which are sold on an installed basis are subject' to Regulation No.251, even though they are items specifically listed in Appendix A of Regulation No. 188.
Special industrial paints. The list of articles under the description "oil paints and varnishes" in Appendix A, Section 1499.166, does not include any form of industrial finishes and, therefore, special industrial paints are not covered by the Regulation; the General Maximum Price Regulation applies.
Rock slag. Rock slag, used in the construction of roads, is covered by the Regulation, Sec-tion 14^9.167, Appendix B. Antimony slag, however, is exempt from price control, Section 2.9(b)(4) of Revised Supplementary Regulation No. 1 to the General Maximum Prioe Regulation.
Coverage of "cash and carry baskets." "Cash and carry baskets" used in retail grocery estabr lishments for customers bo carry "their groceries from shelves to cashier are covered at the manufacturing'level by the Regulation and not by Regulation No. 320 because such items are "store equipment". Regulation No. 320 is not applicable to those baskets since they are not "customarily used" for packing, handling, storing or shipping fresh fruits and vegetables. The criterion is the use to which the baskets are customarily put.
Facial canpounds. See page 3.8,
Price Determination
Price adjustment between affiliated corporations. The Regulation controls the prioes charged by a manufacturing corporabion bo a sales corporation even though the two corporations are under common ownership.
Change from foreign to domestic silver. A finished product made from domestic silver is the "same article" as a product which differs from it only in that the latter is made from foreign silver. Accordingly, where the article made* from foreign silver was finally priced before August 1, 1942,' the article made from domestic silver is likewise considered for the purpose of Section 1499.163 as being finally priced before August 1, 1942. A manufacturer may not, therefore, make the additions permitted in Section 1499.166 of the Regulation (i.e., additions for increased unit costs where the article to be priced differs from ah article already priced "only because of changes necessitated by shortage of materials or parts used in the original article"), since that section is applicable only if the "same article" was not finally priced before August 1, 1942.	*
Pre-season discount. A manufacturer in figuring his maximum prioe under Section 1499.163 (goods finally priced before August 1, 1942) must continue to allow all discounts which he customarily allowed in March 1942, unless such discounts were "special deals" offered for not more than 123 days. This is true even though March was an out-of-season period and the discount was a pre-season allowance.
Discontinuance of customary supply of fixtures with roofing asphalt. See page 2:2.
Printer's kit. In determining the maximum price for a master printer's kit, the manufacturer considers the entire kit as one "article".
Manufacturer's excise taxes - photographic supplies. Under the Revenue Act of 1941 cameras, lenses, unaxposed phobographio film (excluding x-ray), photographic plates, sensitized paper, and certain other photographic apparatus and equipment were subject to a 10 per cent manufacturers ' excise tax. This tax has been increased to 16 per cent on films and 26 per cent on cameras and photographic apparatus in the Revenue Act of 1942. Section 1499.7 of the General Maximum Price Regulation, which is incorporated by reference into Regulation No. 188,
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governs the tax increase. - -Question: During March 1942 the manufacturer invoiced the film or cameras at a price which included the excise tax in effect at that time. The amount of the tax was not separately stated and collected. May he pass on the tax increase?
Answer: Yes, provided that he invoices the tax increase as a separate item.
Question: The manufacturer did not separately state the tax in March 1942. If he subtracts the amount of the original tax from his March 1942 price, may he separately state and collect as one item the full amount of the increased tax?
Answer: No. He must separately state the tax increase in order to collect it in addition to his March 1942 price.
Question: During March 1942 the manufacturer invoiced the 10 percent excise tax as a separate item. May he now separately state and collect as one item the full amount of the increased tax?
Answer: Yes. He is not required to separately state the tax increase, but may lump it with the original tax and collect the entire increased tax as one item.
Some of the manufacturer’s wholesalers and retailers may not have separately stated the original tax in March 1942. Such a wholesaler or retailer would have to separately state the tax increase in order to collect it in addition to his March 1942 price. Where the wholesalers and retailers were not separately stating the original tax in March 1942, the manufacturer should advise those purchasers that they can only pass on the amount of the tax increase which is in addition to their maximum prices, and that the amount of the tax increase must be separately stated.
Minor changes in material, design, or construction. See page 26:5»
Substitution of materials. See page 26:5»
Change from delivered pricing to f.o.b, pricing. A lime company sold its lime during the base period at a delivered price of $11,80 per ton which included an $ .80 trucking charge. The company pricing under Section 1499.153(a) now desires to change its price to an $11.00 per ton f.o.b, plant price, and apply the established railroad freight hauling rate of $3,00 per ton. The company may, not adjust its truck hauling charges to that of the railroad freight hauling charge. If the lime company desires to change its maximum delivered price to an f.o.b. price it must reduce its delivered maximum price by the exact amount of the purchaser’s freight cost.
Anticipation deductions, A seller who customarily allowed a deduction during the base period to customers who paid their invoices before the due date may not now discontinue such deduction, even though the invoices rendered to the customers did'not refer to any anticipation privilege, see Section 1499.159(a),
Cost of changed items, In determining whether the cost of materials have been reduced under Section 1499,155 the manufacturer should compute the cost for the changed item as well as for the original item upon the basis of his March 1942 figures.
Resumption of the manufacture of upholstered furniture. A manufacturer of upholstered furni-ture who subsequent to March 1942 closed his factory and discontinued the manufacture of such furniture but who now desires to reopen his factory and resume manufacturing will determine his maximum prices for upholstered furniture under Order 1298 rather than Sections 1499.153 to 1499.158.
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Naw organization. A principal stockholder of a toy manufacturing corporation is about to establish a similar organization and will receive one of the corporation’s plants together with its machinery and equipment and the right to make all of the items now produced by the corporation. The new organization’s maximum prices are to be determined under Section 5 of the General Maximum Price Regulation.
Manufacturers who sell direct. Order No. 1052 permits manufacturers to add the 5% adjustment charge to their existing maximum prices to all classes of purchasers, including consumers, for articles covered by the Order which are properly priced and reported.
Sales at open billing.
Question: Does the Office of Price Administration have the power to allow manufacturers to sell and deliver at open billing pending the receipt of an order to be issued pursuant to section 1499.158 of the Regulation?
Answer: .Section 1499.152(c) states that manufacturers shall not sell or deliver any article for which a maximum price must be determined under Section 1499.158 until he has complied with the reporting and waiting provisions of that section. Section 1499.158(b) states.that prior to first offering the article for sale, the manufacturer shall submit to the Office of Price Administration a report applying for specific authorization of a maximum price. That section further states that upon receipt of the authorization the manufacturer may offer the article for sale in accordance with the terms of the Authorization. Once the manufacturer has filed application pursuant to Section 1499,158, he has complied with the reporting provision of the Regu-. lation. A letter or telegram from the Office of Price Administration allowing the manufacturer to sell at open billing constitutes an authorization to deliver the article on those terms. If he does not offer to sell or deliver the article before authorization, he complies with the waiting provision. This is not in violation of the Emergency Price Control Act, which requires that maximum prices be established by order of the Administrator, in that the authorization to sell at open billing is not an establishment of a maximum price.
Classification
"Industrial boilers’’. See page 16:17.
Common brick. See page 26:2.
Notions. See page 26:2.
Definitions
"Marine lights and equipment". "Marine lights" includes any light designed and manufactured for use on a ship or boat; "marine light equipment" includes all appurtenances necessary for the installation of marine lights, but does not include cable or other equipment which could be used as well for the installation of other than marine lights.
"United States Governaent or any agency thereof". Seo page 26:2.
Minor changes in material, design, or construction. The substitution of a wooden look for a metal lock in chairs is a "minor change" within the meaning of Section 1499.155.
Substitution of materials. The substitution of California pine plywood for Oregon pin* plywood in th* manufacture of wardrobes, chairs, tables, bunk beds and bookcases is a "minor change" within the meaning of Sootion 1499.155 of the Regulation.
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Records and Reports
Any change in construction of burial caskets which reduces the cost of materials involved must be reported by the casket manufacturer. For example, casket interior which are reduced in cost as a result of the reduction in yardage ordered by WPB must be priced and reported under the provisions of the second pricing method, see Section 1499.156 (changes necessitated by shortages of materials or parts). Also, the substitution of one fabric used as a covering material for another material must be reported unless the substitute material costs are at least as much as the original material costs, both calculated as of the March 1942 price.
Assemblers of burial caskets must keep complete base period and current price records even though they do nob manufacture the component parts of caskets they assemble.
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Maximum Price Regulation No. 204
SPECIAL SALES OF INDUSTRIAL MATERIALS
Applicability
Sales by Alien Property Custodian. Bales by the Alien Property Custodian of foreign owned property subject io Priorities Regulation No. 13 are governed as to maximum price by Regulation N®> 204 since it is a sale of material "not in a form normally sold by the seller in the ordinary course of his business".
Sales by the War Department. Sales by the War Department of materials subject to Priorities Regulation Ro.' 13 are governed as to maximum prices by Regulation No. 204 since it is a sale of materials "not in a form normally sold by the seller in the ordinary course of his business". Where the War Department acquired the material pursuant to a contract which gives the War Department title to any goods already manufactured in the event the contract was cancelled, the manufacturer is the War Department’s "supplier" for the purpose of determining maximum prices*
Sale of copper wire by one utility company to another. The sale of copper wire by one utility company to another utility company is governed by the Regulation.
Used or discarded materials. The Regulation is not applicable to materials which have been withdrawn from use or discarded by the seller, although subject to Priorities Regulation No. 13, since the pricing formulae of Regulation No. 204 are not suitable for establishing a prioe for material, which the seller bought new and is now disposing of as used or reusable material.
"Ordinary course of business" - accommodation sales. Some of the factors which should be considered to determine when a sale is noh in the "ordinary course of business" are (1) the frequency of the sales, (2) the number of persons with whom the seller deals, (3) the type of product being sold, (4) availability to the buyer of other sources of supply, (5) the reasons for like sales in the past, and (6) whether the seller normally purchased larger inventories than required for his own use. For a sale to be deemed to be made in the ordinary course of business, there must be some element of repetition. It is not necessary that the sales constitute a sizable portion of a seller’s business or that they be carried on at a profit. For example, if a steel fabricator gave up seme of his inventory as an accommodation to another fabricator because the latter had an unusual need for the material, and regular suppliers unexpectedly lacked such material, the sale would not be made in the ordinary course of business; but if suoh emergencies recurred, and the seller in question regularly met the emergency, such sales would be considered as being made in the ordinary course of business. In the case of sales of iron or steel products by persons other than producers, such sales cannot be considered warehouse sales unless the seller is operating under the WPB quota and actually operates a warehouse and the merchandise has been put through the process commonly known as warehousing.
Price Determination
Processing of material. One hundred foot lengths of tubing Were cut into 1 foot lengths, just prior io sale a¥^he buyer’s request. Since at the time that such material was frozen, or became idle, or excess inventory, it. was still in the form in which originally purchased by the seller, the maximum prioe should be determined under Section 1499.502(a), which gives a pricing method for material which is in the form in which originally purchased by the seller A cutting charge may be added thereto. The provisions of paragraph (b) which gives a pricing method for material which has been processed by the seller can only be applied where the holder legitimately started the processing of material in the normal course of his business and where such processing was brought to a halt by the WPB limitation or conservation order.
Material in form in which originally purchased by seller-inability to identify quantity originally purchased. Where a company has 1,600 pounds of copper wire of which it wishes to sell 1,200 pounds, and the material was originally purchased at three different times and at throe different prices, the last purchase being 100 pounds at a high quantity differential.
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the maximim prioe is not the supplier's price for the 100 pounds or the supplier's prioe for 1,600 pounds. When the quantity of material being sold is larger than the quantity which the seller most recently purchased from his original supplier, "the maximum price which the origin al supplier would be allowed to charge" shall be figured on the basis of the quantity sold.
Tracking charges. Where the Regulation establishes the maximum price of idle or frozen material as f.o.b. the present location of the material, "the actual delivered cost" to the seller includes only the amount "actually paid" by the present seller. Accordingly, in figuring his maximum f.o.b. price under the Regulation, a seller may add to the price he paid for the material delivered to the siding nearest his plant any charges paid to a trucker for carting the material from the siding to his plant; he may not, however, include any amount for trucking if he transported the material in his own truck.
Finder's Fees. See page 13:13.
Additions to supplier's maximum price. The sale of lumber by a furniture manufacturer out of his inventory is a special sale of industrial materials within the, meaning of Regulation No. 204. In computing his maximum price under Section 6(b) (entitled Industrial material which is in the same, or substantially the same form in which the seller originally purchased it) the manufacturer may add to the supplier's current maximum price his inbound freight and out of pocket cost of unloading. Storage costs or reloading expenses, however, may not be added.
Classification
Wool in the grease is an "industrial material" within the definition of Section 2(b).
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Maximum Price Regulation No. 210
RETAIL AND WHOLESALE PRICES FOR FALL AND WINTER SEASONAL COMMODITIES
Applicability	k
Commodities sold throughout the year. The Regulation is applicable to all commodities listed in Appendix A whether or not they are exclusively sold during the fall and winter season, provided that the listed article is not subject to any specific regulation or specific schedule, or is not exempted from the General Maximum Price Regulation by any supplementary regulation thereto.
Manufacturer selling at retail. The Regulation applies to sales at the wholesale and the retail level. However, commodities sold at retail by the manufacturer are not covered by the Regulation because "average cost" and "current cost" as defined in the Regulation cannot be computed by a manufacturer.
"Fur fabrics sold as piece goods* are covered by Section 1372.112(g)(8) of the Regulation. The term wfur fabric1’ means a' pile fabric made up to simulate fur. A pile fabric is a three dimensional fabric composed of backing, warp, filling, and pile which is woven at right angles to the backing, warp, and filling. The following items are "fur fabrics": Jacobson’s imitation baby tiger, quality 3333, made of 100% wool pile and 100% ootton backing; Jacobson’s fur cloth, qualities 1034 and 1080, 100% wool; Jacobson’s black broadtail coat, quality 2102, mohair pile. The term "sold as piece goods" may include fabrics sold by the piece or pound, as well as by the yard.
Brushed nylon gowns. Section 1372.112(f)(1) covers the sale of girls’ gowns made of brushed rayon; gowns made of brushed nylon are covered by the General Maximum Price Regulation.
Gowns, etc., made of spun rayon. Female gowns, pajamas, and bed jackets made of spun or filament rayon yarn are covered by Section 1372.112(f)(1), provided that the yarn is "brushed rayon".
Robes, housecoats, etc. Section 1372.112(f)(2) covering specified garments made of quilt, suede, or corduroy excludes garments made of other* fabrics. Hence a chenille robe is not covered by the Regulation.
Girls' corduroy Jackets. Corduroy jackets designed for girls are not covered by th*» Regulation; ihese jackets,' except in infants’ sizes, are covered by Regulation No. 330 as to garments delivered to the seller on or after February 24, 1943.
Children’s Indian and cowboy suits. Children’s Indian suits and cowboy suits, sold mostly around Christmas time, do not fall within the description of "holiday costumes for fall and winter holidays", and, therefore, are not covered by the Regulation under Section 1372.112 (g)(7).
Gym suits and football suits. Gym suits and football suits are not "related sundries" to basketball knee pads and goals, see Section 1372.112(h)(23), and, therefore, are not covered by the Regulation.
"Cotton string knit gloves". The sale of "cotton string knit gloves" is not subject to the Regulation since such gloves do not fall within any of the commodities listed in Appendix A.
"Sueded" rayon gloves. Gloves made of "sueded* rayon are not gloves made of "brushed rayon" within the meaning oF Section 1372.112(d)(3) and, therefore, are not covered by the Regulation. The term "brushed rayon" refers to a brushing or napping process of heavier woven or knitted materials producing a longer nap than that used in the brushing or napping process of "sueded" rayon. It is only the heavier type of brushed rayon which is ordinarily considered seasonal and therefore included in the Regulation.
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Lined jumpers. Under trade usage, garments in the nature of jackets are commonly called Jumpers. If the lined jumpers are jacket types of garments, they are lined jackets covered by the Regulation.	t
Silk and wool combination hosiery. The sale of silk and wool combination hosiery at the wholesale ani retail levels is subject to the Regulation as "hosiery made of wool or part wool •	•", see Section 1372.112(c); a sale of such hosiery at the manufacturing level is
covered by the General Maximum Price Regulation.
Stadium boots. A form of sport boots, commonly known as a stadium boots, are not "snowboots" within the meaning of Section 1372(e)(3), and therefore are not covered by the Regulation.
Pride Determination
Sale of two or more listed commodities as one unit. A seller may sell two or more of the commodities listed in Appendix A, Section 1372.112, as one unit if he sold the same or similar commodities as one unit during the base period (last six months of 1941). The maximum price of the set is then determined as one unit under Section 1372.102 even though the constituent commodities were purchased from different manufacturers. If the commodities in the set were offered, for sale separately, as well as in a unit, the seller may not refuse to sell them separately while selling them in combination. If the seller did not offer for sale the same or similar set during the base period, he may sell the set at one price not to exceed the sum of the prioes determined for the individual commodities, provided that he also sells the commodities separately.
"Same commodity" - definitions. See page 26:13.
"Same commodity" - different styles. In determining the maximum prices for leather coats, lots of different styles are not grouped. For instance, where a retailer purchased two different lots of leather coats lot S of style No. 60 at a cost of $8.00 each, and lot T of style No. 80 at a cost of $12.50 each, his initial percentage mark-up under the Regulation for each, style of leather coat is calculated separately since each style is treated as a different commodity, and the maximum prioe of each lot is calculated separately.
Calculation of "initial percentage mark-up" under Rule 2. Rule 2, setting forth the method of calculating "initial percentage mark-up" by a department or store, directs the seller to consider the total of the costs and prices received for the commodities he bought during the last six months of 1941, the base period, and also "the extent to which the prices received may have been lower than the prioes at which he first offered the commodities for sale". The purpose of the clause quoted is to direct the attention of the seller, having no department average initial percentage mark-up figures to the fact that the difference between his total costs and his total prices during the base period will, if he took mark-downs, show less than the average initial percentage mark-up which he is entitled to take. That difference reflects the average of percentage mark-ups actually taken rather than the average of initial percentage mark-ups. The deduction of the mark-downs in determining the average initial percentage * mark-up is not required.
Election to price under Rule 2. A retailer who has elected to price a commodity in a department' under Rula 2 pursuant to the option provided in Amendment 3, Section 1372.102(b)(3), must price all commodities in that department under Rule 2 and may not change back to Rules 1 and 3 ; if the seller priced some of the commodities in the department under Rules 1 and 3 prior to the effective date of the amendment, October 9, 1942, he must reprice such commodities under Rule 2.
Computation of average cost. Section 1372.102(b)(1)(it) provides that only the cost of commodities delivered for sale during the 1942-43 fall and winter season should be included in calculating "average cost". Where winter underwear was purchased in 1940 for resale in the 1941-42 fall and winter season, but due to the delay in deliveries only a portion of the goods was sold during the season, the costs of the underwear may not be included in computing "average cost"; the seller's intention to resell the goods in a season other than the 1942-43 season is clearly shown by the time of purchase, and by the fact that some of the goods arrived in time for some sales in the prior season.
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Seller's "current cost". Where a commodity is offered by the seller's principal supplier at a variety of prices depending upon the quantity ordered, the "current cost" under Section 1372.102(b)(2) should be based upon the price which the seller would pay for the purchase of such commodity on the terms most commonly used by him in acquiring his principal supplies for the season. Higher prices employed only for small "fill-ins" may not be used. The fact that the price of the seller's supplier has risen or fallen since May 11, 1942, has no effect on determining his current cost.
"Current cost" of retailer and wholesaler's and manufacturer's maximum prioe. The fact that a manufacturer's offering prioe for a commodity under Regulation No. 221 is different from (i.e., higher or lower than) his offering price on May 11, 1942 has no effect on the "current cost" which is oaloulated on the basis of the customary supplier's prioe on May 11, 1942, or if the supplier did not offer the commodity until a later date, the prioe on that date. However, if the supplier did not offer a commodity (now under Regulation No. 221) until the effective date of Regulation No. 221, November 23, 1942, the "current cost" of that commodity under Regulation No. 210 to the retailer or wholesaler is the supplier's offering price under Regulation No. 221.
Seller who oannot determine average or current cost. Where a seller was engaged in the business of selling fall and winter seasonal commodities during the last six months of 1941, he may not determine his maximum prices under Section 1372.103, even though he oannot prioe the commodity under Section 1372.103. Thus, where neither the "average cost" nor the "current cost" of a particular commodity can be determined under Section 1372.102 because it was purchased several years before and was not offered for sale on May 11, 1942 or any time thereafter by either the seller's supplier or the supplier's competitor, the seller must determine the maximum prioe of the commodity under the provisions of the General Maximum Prioe Regulation.
Rule 2 - same item having different mark-ups. Where during the last six months of 1941 a seller sold bhe same item in two different departments having different mark-ups, the seller oannot avail himself of the option to use Rule 2 to pride the commodity in the higher mark-up department since he has not* satisfied the oondition contained in Section 1372.192(b)(3)(iii). However, the seller may use Rule 2 in the higher mark-up department, if he removes from that department this item and other items which were sold during the last six months of 1941 in departments having a lower "average initial percentage mark-up", "and if he meets the other requirements set forth in Section 1372.102(b)(3).
Rule 2 - department store. A large department store had a men's furnishing department in 1941 whioh was broken down into sections, each of which handled a separate type of men's furnishings such as men's shirts, hosiery, underwear, etc. There was one buyer for the entire men's furnishings department. However, purchases, sales and mark-ups were recorded separately for each section. Each section in the men's furnishing department may be considered a separate department for purposes of Rule 2 since the seller's practice during the last six months of 1941 was to treat eaoh section as a separate department and his records so indicate.
"Current costs" - "usual discounts". All "usual discounts”, except for cash, granted a seller by a supplier from whom he has customarily bought fall and winter seasonal commodities in substantial quantities must be deducted in determining "current dost” and cost for purposes of computing "initial percentage mark-up". "Usual discounts" are those customarily granted by a seller's supplier for the same quantities of an item which were delivered during the period between January 1, 1942, and August'26, 1942.
Calculation of maximum price by use of markup based on post and selling prioe. Where a sell-er during the last six months of 1941 customarily used a markup based on selling prioe rather than cost, he may determine his maximum prices on the selling prioe basis, provided that the maximum prices so determined are the same as the maximum prices resulting from the use of the cost prioe method.
The following is an example of determining the maximum prioe by use of a markup based on cost: The oost price and the first offering prioe of an item during the base period were $1.00 and $1.50 respectively. The "initial percentage markup" according to the Regulation is 50 cents, that is, the oost is subtracted from the first offering prioe and the result is di-
26 til
vided by the cost. The maximum price is obtained by applying to the cost used in the Regu-
lation the "initial percentage markup".
The following is an example of determining the maximum price by use of a markup based on selling price: The cost price and the first offering price of an item during the base period are $1.00 and $1.50 respectively. The markup under this method is 33 1/3%, that is, the cost price is subtracted from the first offering price and the result is divided by the first offering price. The maximum price under this method is obtained by dividing the cost used in the Regulation by the complement of the base period markup, that is, dividing $1.00 by 66 2/3%.
Sale of same commodity in different departments of same sellers. Where a seller sells the same commodity in two different departments, the cost and initial percentage markup under Rules 1 and 3 should not be determined separately for each department since under Section 1499.20(a) of the General Maximum Price Regulation (incorporated by reference into Regulation No. 210) the separate departments are not deemed separate sellers. In use of Rule I, for example, the initial offering price and costs during the last six months of 1941 of the same commodity should be grouped together in determining the markup on that commodity. Thus, if the same commodity were sold in a basement and upstairs department during the last six months of 1941, and the costs of the commodity during this period in the basement totaled $250 and the first offering price totaled $300, while the costs of the commodity in the upstairs department totaled $300 and the first offering price totaled $400, the markup on this commodity obtained through use of Rule 1, would be calculated by adding the basement and the upstairs costs ($550), subtracting this sum from the sum of basement and upstairs first offering price ($700), and dividing the difference ($150) by the sum of the costs ($550). By applying the initial percentage commodity markup obtained through the use of Rule 1 to the lower of the average or current costs of the commodity being priced, the maxi-.mum price of that commodity is determined. However, if a customary differential in price prevailed between the commodities sold in the upstairs department and those sold in the basement, the same commodity cannot be sold both upstairs and in the basement at the same price since under Section 1372.104, the maximum price calculated for the commodity must be reduced in the. basement to reflect the customary differential between the basement and upstairs prices.
This is also the case in the use of Rule 3 where the similar commodity most nearly like the one being priced was sold in different departments.during the last six months of 1941.
"Infants* sizes". The term "infants’ sizes", referred to in Section 1372.112, means garments designed for infants. It is not possible to designate infants’ garments by specific sizes because infants' sizes 1 to 3 or 1 to 4 overlap with children's sizes starting with size 2 or 3 and running to 8 or 10. Thus the test is not whether the garment is 0, 1, 2, or 3 but whether the garment is designed for infants' wear.
Anticipation privileges.
Question: Must a seller who has allowed anticipation in the past continue to allow anticipation?
Answer: In freeze and formula type Regulations, which provide that the seller may not change customary allowances, discounts or other price differentials, the seller, who has allowed anticipation during the base period, may not now discontinue, the privilege. In dollars-and-cents Regulations, terms other than those specifically provided are not required to be maintained.
Question: Must a retailer, in pricing under Regulations Nos. 210, 330 or Section 3(a) of the General Maximum Price R gulation, consider anticipation in arriving at his net cost?
Answer: Under Regulation No. 210, where the retailer must deduct all discounts except for cash, anticipation need not be deducted since the invoice does not indicate whether either cash discounts or anticipation were taken.
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Under Regulation No. 330, the retailer uses the same cost basis as during the base period.
Under the General Maximum Price Regulation, Section 3(a), in figuring his net cost the retailer must deduct all discounts allowed, including anticipation.
Transportât ion
"Average" and "current" costs - transportation and insurance charges. In determining his "average cost** and "current costs* under the Regulation, a dealer may include transportation and insurance charges as part of the cost of the goods, only if he also included these charges in determining his "initial percentage markup".
Definitions	. x
"Same commodity" - definition. In determining the "initial percentage mark-up" of a commodity under Rule 1 (Section 1372.102), the seller determines the cost and initial offering prices of the "same commodity". The term "same commodity" has the same meaning as under the General Maximum Price Regulation. Thus, different items may not be grouped under one commodity unless (a) all basic elements are identical, (b) they are made from the same materials, (c) they are regarded as identical by the trade, and (d) they invariably sold at the same price under the same conditions.
- Records and Reports
Supplementary statements. Changes in the prices for cost-of-living commodities for which prices have already been filed by a seller, need not be shown in a supplementary statement. Only commodities and their prices newly offered for sale should be listed in any supplementary statement.
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Operating charges, etc. - retroactive effect. Where a lessor supplier of services is required by the Regulation to establish his charge for a service or rental (such as an operating and maintenance, or rebuilding and repair service, by Section 1399.5; a fully-operated rental of equipment by Section 1399.6; a partially operated rental, by 1399.16(b)(5); etc.), the charge eventually established in conformity with the applicable provision is the maximum charge payable for all such service or rental furnished since the effective date of the pertinent provision of the Regulation, regardless of delay in filing a required report for requesting an approved rate.
Thus, where services had been supplied or equipment rented during the effective period of such a provision, and the supplier or lessor was late in filing his charges and securing an approved rate, the rate secured is nevertheless the legal maximum rate or charge which can and may be requested or received for the service or rental. In this limited sense, the effect of the determination may be described as retroactive; actually, it is rather the subsequent determination of the permissible maximum rate or charge.
Upon the establishment of an applicable maximum charge, the recipient of service or rental supplied prior thereto is not authorized by the Emergency Price Control Act or the Regulation to refuse payment on the ground that the supplier had no established charge at the time the service or rental was furnished.
Terms of rental agreements. Where equipment is rented on a bare basis, subject to the Regulation, the terms of the agreement of rental and the. rights of the parties thereunder are not affected by the Regulation except insofar as the charge or payment made pursuant to the agreement (whether rental alone, or rental plus repair costs) exceeds the maximum charge permitted by the scheduled rates plus permissible charge for actual overtime use, if any. In such case, there will be no violation if the lessee assumes the responsibility of making repairs to the equipment so long as the cost of those repairs in addition to the rental stipulated by the contractor does not exceed the applicable maximum charge permitted by the Regulation, On the other hand, the fact that the lessor is permitted under the Regulation to make such additional charges does not deprive the lessee of the defenses available to him at civil law under the agreement, which may relieve him of the obligation to pay such additional charges,
Repair and rebuilding services performed by the lessee of construction equipment. The charges for the supply of repair and rebuilding services by a lessee to the lessor of construction equipment on a bare rental, where such charges are permissible under the Regulation, must be established pursuant to Section 1399.5(c) of the Regulation,
Pumps - rentals. The rates listed in Appendix A for plunger pumps include separately mounted gasoline pumps.
Most favorable rate base. Equipment rented by the month was in use for two weeks then broke down owing to wear and tear. The equipment was then taken by the lessor for repair and returned to the lessee in one week. The lessee continued to use the equipment for the fourth week. Under Section 1399.3(b) the rental must be calculated as if the rental periods were consecutive.
Taxes
Personal property tax. Where personal property taxes are levied against the owner of the leased machinery, the amount of such taxes cannot be paid by ’the lessee in addition to the maximum rates under the Regulation for the rental of the machinery, notwithstanding the terms of the lease,
* , . ' •— ■
•	Classification
Gasoline and Diesel engine powered crane, A crane which contains a gasoline engine is "gasoline engine powered", even though it uses Diesel fuel, The type of engine in the equipment, rather than the kind of fuel used, determines the classification of the crane.
Violations and Evasions
Recapture clause - taxes and repairs during rental period, A clause in a rental purchase
16:14(a)
agreement to the effect that in the event of recapture of the machinery, the lessee shall bear the expense of taxes and repairs (including repairs due to ordinary wear and tear) during the rental period, does not constitute a violation of the Regulation even though such expenses are paid in addition to the maximum price of the machinery.
16:14(b)
Maximum Price Regulation No* 136
MACHINES AND PARTS, AND MACHINERY SERVICE
.	Applicability
Casual sales* The Regulation is applicable to casual and sporadic sales as well as sales in continuous volume*
Wholesale sales by retail establishment* The exclusion from the Regulation of retail sales. Section lS9O.2(f), does not exclude any wholesale sales, even though such sales are made by a store, shop, or mail-order house which sells predominantly to ultimate consumers *
Sale pursuant to rental contract* While the sale of a machine pursuant to a rental contract entered into prior to July 22, 1942, is specifically excluded from the Regulation, Section 1390*2(j), the rental of such a machine is subject to Regulation No* 136, or if construction or road maintenance equipment to Regulation No* 134 (Construction and Road Maintenance Equipment Rental Prices and Charges for Operating and Maintenance or Repair and Rebuilding Services)* Sales pursuant to a rental contract entered into on or after July 22, 1942, are subject to Regulation No. 136, and the condition of the machine at the time the contract is entered into, i.e*, new, rebuilt and guaranteed, or ether second-hand conditions, determines the applicable maximum price. The "valuation" agreed upon at the time the rental contract is entered into may not exceed the maximum price applicable to the machine. Carrying charges to reimburse the lessor for financing, insurance and other expenses applicable to the renting of the machine are not part of the purchase price when transfer of title takes place, but rather are part of the rent paid for the machine. Hence, under a contract containing a recapture clause, where the option to purchase is exercised prior to the time the total rental payments over and above the carrying charges equal the valuation of the machine, the carrying charge may be deducted from the rental payments before the purchase price is computed. The payment made upon exercise of the option, plus the rental payments already made, less the carrying charge payments already made, may not exceed the maximum price under the Regulation*
Rental charges by public utility for substation equipment. Where a public utility rents to its customers equipment in any of the categories covered by the Regulation, such as transformers and substation devices, and the utility’s rented, charges therefor are a separate transaction with its customers and not an integral part of its regular rate charges for electric service, the rentals are subject to the Regulation, Section 1390.1 (b).
Navy Department facilities contracts and Defense Plant Corporation lease agreements* Under Navy Department facilities contracts, a company acts as a general contractorin purchasing and installing machinery and equipment and is reimbursed by the Navy Department at cost. Title to the machinery passes from the manufacturer to the company and thereafter from the company to the Navy Department, the latter transfer often occurring after the machinery has been used* In purchases in excess of $200 the company must get the Navy Department’s prior approval in writing, and the company is reimbursed for all authorized or approved expenditures mtfde by it for or on account of the contract*
Under Defense Plant Corporation lease agreements, a company gets as agent for the Corporation in purchasing machinery and equipment, and the Corporation makes payment directly to the sellers. Title is transferred directly to the Corporation but, in some cases, to expedite execution of the lease and production, the company has taken title in its name with the understanding that title will later be transferred to the Corporation at cost, in which latter cases the transfers of title are often not completed until the machinery has been used.
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The transfer of title by the company to the Navy Department or the Defense Plant Corporation, under the circumstances outlined above, may be made at cost to the company, provided that the cost does not exceed the maximum price established for the machinery or machine tools, new, under Regulation No* 136 or Schedule No. 67 (New Machine Tools); the company is acting only as nominee for the real parties in interest in the purchase of the machinery, where the transaction is later ratified by the* acceptance of title to the machinery by the Navy Department or the Defense Plant Corporation.
Electrical contractors. The Regulation is applicable to electrical contractors as follows:
(1)	Equipment or material listed in Appendix A or Appendix B which is sold by a contractor at a retail price to an ultimate consumer, whether made inside or outside his shop or place of business, is exempt from the Regulation; the General Maximum Price Regulation applies to sales of such equipment or material, except as to sales of building and industrial equipment and materials on an installed or erected basis which are covered by Regulation No. 251 (Construction and Maintenance Services and Sales of Building and Industrial Equipment and Materials on an Installed or Erected Basis)«
(2)	Sales of material or equipment covered by the Regulation when made by a contractor to an industrial, commercial or governmental user, whether made Inside or outside his shop or place of business, are subject to the Regulation, unless such sales involve items usually sold to private consumers, such as householders, and are made at the retail prices which would be used in making sales to that class of purchasers. In the latter case the General Maximum Price Regulation applies, except that sales of building and industrial equipment and materials on an installed or erected basis, within the meaning of Regulation No. 251, are subject to that Regulation.
(3)	The Regulation applies to the sale of material and equipment covered by Appendix A or B involved in contract work of the contractor, where the contract is on the basis of: (a) material, labor, and services, or (b) time and material, or (c) any other basis where payment is separately made for materials for equipment, except (d) a true "cost-plus" basis, which includes only those contracts in which a flat fee or percentage is added to actual costs, i.e,, costs which include no element of profit, or margin of overhead, or other mark-up or addition«
(4)	Although strict cost-plus contracts are excluded from the Regulation, as explained above, a contractor entering into such a contract involving sales of equipment or material covered by the Regulation must file a report thereof under Section 1390.14 (Reports on Cost-Plus Contracts).
(5)	Compensation which a contractor receives solely for Jiis services in making installations of material and equipment covered by the Regulation is specifically excluded for the Regulation by Section 1390.10(f); compensation for such services is controlled by Regulation No. 251, except for that portion covered by Regulation No. 165 (Services) concerning the contractor’s services principally as they relate to repair and maintenance of household, retail establishment and institutional equipment. In calculating maximum charges under Regulation No. 251, materials and equipment covered by Regulation No. 136 go in at maximum prices as determined under Regulation No. 136.
(6)	A contractor’s work in repairing, rebuilding, maintaining, or performing any of the other acts defined as "machinery services" by the Regulation, upon any material or equipment covered hereby, is included in the Regulation. If the contractor’s work is not within the coverage of Regulation No. 136, Regulation No. 251, or Regulation No. 165 apply to such services.
(7)	To the extent that a contractor’s sales of material includes wire, cable, and cable accessories, as defined by Schedule No. 82 (Wire, Cable, and Cable Accessories), such sales are covered by that Schedule.
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Mai nt e nano e services formerly subject to Regulation No* 136. See page 16:11.
Elevator maintenance contracts which include the furnishing of materials are contracts involving the sale of a service and the sale of machines and parts under the Regulation*
Erecting and dismantling typesetting machines* See page 2:5.
Lumber carriers* The Regulation applies to the rental of and the repair services on lumber carriers as the rental or repair of "material handling equipment, industrial (oars, trucks, racks, etc.)," Appendix A(g)*
Plating service. The service of plating perishable tools, jigs, and parts is a "machinery service" covered by the Regulation*
Repair services on tractors* The Regulation is applicable to repair services on industrial and crawler tractors, even though the tractors are u^ed for agricultural purposes*
Components of combatant products - electrical subassemblies* The Regulation applies to subassemblies listed in Appendices A or R, such as electrical subassemblies, even though such subassemblies ultimately become components of oombatant products listed as exceptions in Supplementary Regulation No* 1«
Traded-in motors* The value of motors which are traded-in for new motors is determined by Section 1390*11, sales of second-hand machines and parts*
Air coolers* The Regulation is not applicable to electrically driven room conditioners (air coolers)*
Aircraft diesel engines used in tanks* Diesel engines designed for aircraft are not subject to ths Regulation even thougK actually used in tanks*
Bakery equipment* Bakery pans, knives, pastry brushes, pastry guns, decorating tubes and sets, bread racks, and dough troughs are not. subject to the Regulation; the General Maximum Price Regulation applies. Hand trucks used to move bread pans are subject to the Regulation* ‘
Rentals of barges equipped with pile drivers or derricks. The rental of barges equipped with pile drivers is covered by the Regulation as a rental of "pile drivers," Appendix A(d); the rental of barges equipped with derricks is subject to the Regulation as a rental of "cranes (overhead, crawler, and locomotive) hoists and derricks," Appendix A(db
Used transmission and trolley wire* See page 16:7
Barge with drag line. A barge with a drag line is subject to the Regulation as "dredging machinery," Appendix A(d).
Hand or motor-driven blowers for blacksmith forges. Motor-driven blowers for blacksmith forges are subject to the Regulation under the item "fans and blowers," Appendix A.
"Industrial boilers," Appendix A(b), are steel boilers which are manufactured essentially for power or processing purposes* They include water tube, horizontal returns tubular, oil country, locomotive type, vertical tubular and scotch marine¿boilers* Cast iron boilers and steel boilers manufactured essentially for heating purposes are covered by Regulation No. 188 (Manufacturer's Maximum Prices for Specified Building Materials and Consumers' Goods Other Than Apparel)* Parts manufactured for "industrial Boilers" are covered by Regulation No* 136; they are not subject to Regulation No* 236 (Heating Boiler Conversion Parts)*
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Boiler tubes - sales by a boiler manufacturer:
Fabricated boiler tubes. Sales by a boiler manufacturer of fabricated tubes manufactured by him are covered by Appendix A(j). Sales by a boiler manufacturer of fabricated tubes which he did not manufacture are covered by Appendix B.
Unfabrioated boiler tubes. Sales by a boiler manufacturer of unfabrioated tubes manufactured by him are covered by Schedule No. 6 (iron and Steel Products). Sales by a boiler manufacturer of unfabrioated tubes which he did not manufacture are covered by Schedule No. 49 (Resale of Iron and Steel Products).
Coaxial cable (insulated with ceramic beads and compressed dry nitrogen) is subject to the Regulation as "Electrical wire, cable and cable accessories". Appendix B, since it is made of copper tubes or a tube and rod; it is not made of wire or assembly of "wire and therefore is not covered by Section 1349.12 of Schedule No. 82 (Wire, Cable and Cable accessories).
Car movers are subject to the Regulation as "machines, tools, devices and appliances de-signed specifically for the installation, operation, maintenance and protection of tracks, yards, signals, rolling stock and motive power", Appendix A(f).
Cameras used by manufacturers in the making of patterns or templates, and special map-making cameras manufactured for the Federal Government are exempt as "photographic equipment," Appendix C of the Regulation.
Chucks and accessories. Chucks sold separately or with accessories, such as a hand control operating valve, air filter, automatic lubricator, or regulating valve unit, are covered by Appendix B of the Regulation. If the hand control operating valve is sold separately, the valve is not subject to the Regulation. If the automatic valve unit is sold separately, it is covered by appendix A of the Regulation.
Clocks and clockworks, interval timers, service recorders, etc., and repairs thereto. The Regulation applies to service recorders used in connection with machine operations, trucks, airplane flights, etc. under Section 1390.3£(h), Appendix A.
The Regulation applies to spring-driven or electric clocks and clock works, when used as parts or subassemblies of industrial instruments used for driving instrument charts, Section 1390.32(i), Appendix A. However, watchman’s clocks, pay-roll clocks, clock time stamps, etc., used in industrial plants or factories are not covered by the Regulation, since usage is not determinative. An item must fall within one or more of the groups specifically mentioned in Appendix A or B of the Regulation, and clocks as such are not listed.
The Regulation applies to the repair of clock works, interval timers, service recorders, etc., as a machinery service, since those items are covered by the Regulation.
Coated electrodes for arc welding are included in the coverage of the Regulation, Ap-pendix A, under "arc and resistance welding equipment, electrodes and supplies."
Discarded or worn drills and augers from mine drilling machines. The purchase and sale of discarded or worn drills and augers from mine drilling machines are covered by the Regulation and the maximum price is established by Section 1390.11.
Forged steel grinding balls. The Regulation is applicable to forged steel grinding balls used in mines and for grinding ingredients of cement.
16:18
Grab buckets are covered by Appendix A, "excavating and earth-moving machinery," when they are manufactured by the manufacturer of the complete machine on which they are used, and by Appendix B when manufactured by a person other than the manufacturer of the complete machine.
Gum tape dispensing machine. The Regulation is applicable to gum tape dispensing machines of the type used in shipping rooms.
Handwriting recorders. A recording device which produces two to five hand-written copies of sales slips, delivery tickets, receiving records, bills of lading, or other business records is not a "machine" within the meaning of the Regulation; the General Maximum Price' Regulation applies to the sale of such recorders.
Metal belt fasterners and joiners. The Regulation is applicable to the sale of metal belt ¿asterners and belt joiners used for industrial power transmission and conveying equipment.
Sale of parts in unassembled condition. Where a company sails mechanical supports, sockets tubes and wiring for commercial and industrial lighting equipment in unassembled condition to a purchaser who assembles a complete device therefrom, the sale by the company is covered by Section 1390.32(j) of the Regulation.
Electrically operated blueprinting and reproduction equipment and parts. The Regulation applies to electrically operated blueprinting and reproduction equipment and parts.
Peel blades are not "machines" as defined in the Regulation; the General Maximum Price Regulationapplies.
Plate coating machines, manufactured according to specifications of Federal Government agencies and used to make plates for offset printing, although differing from the manufacturer’s standard plate coating machines, are subject to the Regulation as "printing machinery," Appendix A of the Regulation.
Power-driven rotary scrubbers used for scrubbing, polishing and deterging floors, are sub-ject £o the Regulation as "brushes, industrial power-driven,” Appendix B of the Regulation.
Radio head sets and similar apparatus attachable to radios in lieu of loud speakers, are subject to the Regulation as "radio transmitting and receiving apparatus and parts," since most of the use of such apparatus today is of a commercial rather than of a consumer nature •
Rock wool blankets. The Regulation is not applicable to the sale of rock wool blankets manufactured for industrial use, particularly for boiler insulation.
Street-sweeping machines. Self-propelled street-sweeping machines are subject to the Regu-lation as "road building said maintenance machinery," Appendix A(d).
Surgical instruments. The Regulation is not applicable to surgical instruments, such as knives, scalpels, lancets, and dissecting instruments; Regulation No. 188 applies.
Rental of lighting plants. The rental of Diesel driven lighting plants of 25,000 watts is subject to bhe Regulation as "commercial lighting equipment," Appendix A(e); it is not subject to Regulation No. 134 (Construction and Road Maintenance Equipment Rental Prices and Charges for Operating and Maintenance or Repair and Rebuilding Services).
Glass parts of lighting fixture for airports, airways and seadromes are covered by
Appendix B of the Regulation when sold with the complete lighting fixture or other parts thereof; if manufactured by the manufacturer of the complete lighting fixture*
16:19
they are covered by Appendix A as "airport, airways and seadromes lighting." If the parts are sold separately, they are covered by Regulation No. 188 (Manufacturers’ Maximum Prices for Specified Building Materials and Consumer’s Goods Other Than Apparel)*
Mechanical supports for industrial and commercial lighting equipment sold with wiring and lamp sockets, but without bulbs or reflectors, are "commercial lighting equipment" subject to the Regulation, Appendix A.
When such supports are parts of complete items manufactured and sold by the same company, but sold without sockets or wiring, they are subassemblies of "commercial lighting equipment" subject to the Regulation, Appendix A.
Arc lamps and glass reflectors for arc lamps designed and sold for use as motion picture photographic equipment are not subject to the Regulation (Section 1390.34, Appendix C); they are covered at the manufacturing level by Regulation No. 188 (Manufacturers’ Maximum Prices for Specified Building Materials and Consumers* Goods other than Apparel), and at other distribution levels by the General Maximum Price Regulation*
•
Portable lamps used for industrial and marine purposes are covered by the Regulation, Appendix A,” while domestic portable lamps for household use are covered by the General Maximum Price Regulation.
Leads and leveling equipment. The Regulation is applicable to leads and leveling equipment*
Special repair parts. The Regulation is applicable to the sale of special repair parts for machine listed in Appendix A or Appendix B.
Parts and assemblies sold unassembled. Parts or subassemblies of an item covered by Appendix A, when i^uf acbured by the manufacturer of the complete item, are covered by the Regulation, even though such parts of subassemblies are sold unassembled to another person who uses them to assemble a complete item different from that sold by the meniifnaturer of the parts and subassemblies* •
Telephone calculagraph, a mechanical instrument which mechanically calculates the elapsed "time of long distance telephone conversations and prints such elapsed time on a toll ticket together with the time the call started, is subject to the Regulation as "mechanical instruments for measuring, testing, recording, or indicating," etc., Appendix A(h).	>
Textile spinning machinery and thread and textile guides, whether made of steel or por-oelaln-noated steel, or synthetic sapphire, are subjecbto the Regulation as "textile preparatory and finishing machinery and equipment (including accessories designed exclusively for use with such machinery)," Appendix A(o).
Tire retreading equipments. The Regulation is applicable to retreading equipment*
Hand tools designed for military purposes. Where hand tools originally designed for ■the repair and maintenance of civilian vehicles have not been produced for civilian use since 1937, and are now to be manufactured only for the purpose of supplying tools for the repair and maintenance of military vehicles, such hand tools are "especially designed for manufacture, repair, or maintenance of aircraft, military vehicles or other predominantly military equipment" within the meaning of Appendix B and are covered by the Regulation.
Valves. The specific exemption under the Regulation for "manual valves" includes check valves end flap valves, valves operated by hand wheel, chain, lever, or crank. Valves which would otherwise be considered manual valves, e.g., gate, glove, and angle valves, are not automatic valves merely because they are operated by an electric motor, although the electric motor and remote control devices are covered by the Regulation. Valves
16x20
which are operated or operable by fluid pressure are, however, covered by the Regulation
as "valves, automatic."
Manual valves. The exclusion from the Regulation of "manual valves" Appendix C, is applicable irrespective of their use; they are subject to Regulation No. 188 (Manufacturers* Maximum Prices for Specified Building Materials and Consumers' Goods other that Apparel).
Valves on airplanes. The Regulation is applicable to the sale of automatic valves used for oil hydraulic systems which control landing gears, wing flaps, etc., on airplanes.
Winches are considered "hoists" and are therefore covered by paragraph (d) of Appendix A of the Regulation,
Scales. The Regulation is applicable to weighing scales of all types, including postal scales, balancing scales, and spring scales.
Metal scale beams mounted on a tripod and used for weighing cotton in the field, are subject to the Regulation as "weighing scales, industrial, and platform," Appendix A(h),
Used sucker rods sold for use as oil well equipment are subject to the Regulation, Section 139O.11, entitled Sales of second-hand machines and parts. If sold for concrete reinforcing they are covered by the General Maximum Price Regulation. Neither Schedule No. 49 (Resale of Iron or Steel Products) nor Regulation No. 159 (Fabricated Concrete Reinforcing Bars) is applicable«
Addressograph machines are not subject to Regulation No, 136 as "printing machinery", Appendix A(c), but rather aro exempt as "office machines", Appendix C; the General Maximum Price Regulation applies.
Bronze and cast iron welding rods used in connection with gas welding and cutting equipment are subject to the Regulation as "gas welding and cutting equipment", Appendix A(h).
Corner air drills are subject to the Regulation as "portable power driven tools", Appendix A(d).
Gasoline pumps used at gasoline service stations, unless hand operated, are subject to the Regulation as "pumps and compressors, except automotive, hand operated and farm pumps", Appendix A(h),
Oil cleaning unit used with Diesel or other types of engines is covered by the Regulation since it is a part of the engine; if made by the manufacturer of the engine on which it is used, the maximum price is established by Appendix A; if made by someone else, Appendix B applies.
Radio parts adapted solely for military and police use. Where a manufacturer formerly made a part for civilian radios and modified the part so that it is now sold and used solely for military and police radios, such part is subject to the Regulation as "radio transmitting and receiving apparatus and parts", Appendix B,
Repair service to oil well pumps is a "machinery service" within the meaning of Section 1390.1(b), Where a supplier performed such service free on March 31, 1942, he may not now charge therefor. Section 1390,9(a)(l),
Eleotrio fenoe controllers. See page 16:28.
"Extra". See page 16:6.
16:21
Machines for processing carbon black are subject to.the Regulation as "chemical process
machinery”. Appendix A(c).
"Open tanks and vessels (metal)", etc« The term "open tanks and vessels". Appendix A(g), means tanks or vessels in which the internal surfaces are exposed to atmospheric pressure; therefore, open top tanks, as well as enclosed tanks which are vented to atmosphere and thus not capable of sustaining pressures higher than atmospheric pressure, are "open tanks". Fuel oil container storage tanks, if incapable of sustaining pressures greater than atmospheric pressure, are "open tanks" or "vessels". Domestic oil storage tanks are always vented to atmosphere and, therefore, are "open tanks"; .however, "domestic fuel oil storage tanks" are specifically excepted by the Regulation and are covered by Schedule No« 96 (Domestic Fuel Oil Storage Tanks).
The Regulation applies to tanks which are factory fabricated and assembled; any tank which is assembled in the field, even though partially fabricated in a factory, is covered by Order No. 61 of the General Maximum Price Regulation«
Air craft testing machine« A manufacturer makes a gear box with an outside power shaft and purchases a small electric motor which is attached to the gear box« The machine is sold as a complete unit to aircraft companies and is specially designed for moving wing flaps, raising and lowering landing gears, opening and shutting the bomb bays, and testing superchargers« When sold as a complete unit this item is not covered by Regulation No. 136 or any other price Regulation; it is specifically excepted from the General* Maximum Prioe Regulation by Revised Supplementary Regulation No. 1«
Metal velvet frames upon which velvet is wrapped for shipping are not covered by the Regulation. They are not "textile preparatory and finishing machinery and equipment (including accessories designed exclusively for use with such machinery)". Appendix A(b), since they are not used in industrial manufacturing operations. They are designed primarily for use in shipping finished goods and are subject to the General Maximum Price Regulation«
Transfer of security interest in machinery - locomotives. A bank purchased three locomotives from the manufacturer and -transferred them io a railroad under a lease-with-option-to-buy, The bank's interest in the locomotives was transferred to a Federal agency« This transfer was not subject to Regulation No« 136, since it was not a sale or delivery of the locomotives but only a transfer of the bank's security interest in the locomotives coupled with its rights under the lease.
Services - rubber dipping service on electronic devices. A rubber dipping service performed on electronic devices is covered by the Regulation since it is a service performed on a commodity listed in Appendix A«
Steel scaffolding. The Regulation applies to the rental of steel scaffolding equipped with hoists since "hoists" are listed in Appendix A(d)«
"Trackless trolleys." Rubber-tired electric busses with overhead trolleys are subject to the Regulation as "passenger cars" under the heading of "Railroad Equipment" in Appendix A(f)^
Used shafting. The sale of used line shaft with attachments to be used for industrial, power transmission is subject to Regulation No. 136; Regulation No. 310 (Reusable Structural Steel Shapes and Plates, and Shafting) applies to the sale of a used line shaft, if reusable, and if stripped of all attachments.
Airplane pumps. Airplane fuel pumps and hydraulically operated pumps for operating de-icers, bomb’ bays, landing gear, and other aircraft mechanisms are subject to the Regulation as "pumps and compressors", Appendix A(h)«
Crawler tractor sold by one farmer to another. The sale of a crawler tractor by one farmer to another is subject bo the Regulation. Such a sale is not a sale "at retail", exempt pursuant to Section 1390«2(f), because a farmer is a commercial user. A farmer 'is considered a commercial user since he operates his farm as a commercial activity
16:22
and purchases the equipment for use in carrying on that activity.
Note: "Crawler and nonagricultural tractors” are subject to Regulation No. 136, while retail sales of "Farm tractors (except crawler tractors)” are subject to Regulation No. 133 (Retail Prices for Farm Equipment).
Experimental pumps. A manufacturer at the request of a customer designs an experimental aircraft pump which is invoiced to the customer at a nominal price. If the customer finds, after inspection and testing, that the pump is satisfactory, he orders a large quantity of the pumps and pays a price representing their actual value. The delivery of the test pump does not constitute a sale or delivery under the Regulation so if the manufacturer receives a quantity order for the pumps and prices them in accordance with Section 1390.7, a£ a price in excess of the nominal price for the test pump, no report need be made under Section 1390.18(g).
Jacks. The sale of power-operated jacks is covered by Regulation No. 136 and that of hand-operated jacks by Regulation No. 188 (Manufacturers* Maximum Prices for Specified Building Materials and Consumers Goods Other Than/Apparel). Maximum Prices for rentals of hydraulic jacks which are listed in Appendix A, Section 1399.159, Regulation No. 13h (Construction and Road Maintenance Equipment Rental Prices and Charges for Operating and Maintenance or Repair and Rebuilding Services) are covered by that Regulation.
Non-standard item. Section 1390.5, setting forth the maximum price for machines or parts for which the manufacturer had published price lists or established prices in effect on the base date applies to non-standard as well as standard items.
Outdoor and indoor sub-stations. The term "outdoor and indoor substations" in Appendix A of the Regulation refers only to portable substations enclosed in metal cages. Therefore, a sale of a portable electrical substation located in an.establishment without the good will of the business is covered by the1 Regulation as a sale of "machines and parts." However, permanent substations, which are in the nature of fixtures to real property are not covered by the Regulation.
Power operated churns. See page 16:10.
Rebuilt motors are "machines and parts" within the meaning of the Regulation. The appli-cable base date governing sales of rebuilt motors is March 31, 19U2, Appendix B, Section 1390.33
,Tanks. A field erected tank, equipped with heating coils, baffles, etc., that produces p&ysical or chemical changes in the product it stores, is covered by the Regulation as "Chemical process machinery"; it is not considered to be a tank for pricing purposes.
Manufacturing services on military airplanes and tanks. The Regulation is applicable to machinery services on material owned "by others where these services result in a part covered by the Regulation, even if that part is specially designed for a military airplane or tank.
Freight car axles. Sales of used freight car axles to a consumer, as defined in Regulation No. h, are covered by that Regulation. Sales of second-hand freight car axles for reuse under freight cars are covered by Regulation No. 136.
Tungsten rods, 95 to 100 percent pure, are fabricated products used by the electrical industry and are subject to the Regulation as "Metals and alloys ..... in fabricated form ......... " under the heading (e) Electrical Equipment in Section 1390.32.
Card clothing is covered by Appendix A of the Regulation as a part or accessory of textile machinery; Regulation No. Ih9 does not apply.
Machine cleaning equipment, A machine which cleans, rinses, polishes and dries component parts of instruments, electronic tubes and related units is covered by Section 1390.33, Appendix B, as "parts washing and cleaning equipment."
16:22(a)
Mattress-making machinery is covered by Section 1390.32, Appendix A(c), as ’’Textile preparatory and finishing machinery and equipment.”
Paper balers are covered by Section 1390.32(c), Appendix A, as "packaging, wrapping, filling ana labeling machinery.”
Skidders. Steel Tom Houston skidders with Fordson tractor motor units are classified as "material handling equipment" under Section 1390.32 Appendix A(f).
Watch cleaning machine is covered by Section 1390.33(b) of the Regulation as ’’unclassified industrial machinery.”
Sixty-day guarantee. The requirement that a machine sold as rebuilt and guaranteed be guaran-teed for 60 days of satisfactory operation is not subject to any time limitation of its application. The period of its application is subsequent to its sale and delivery and is a guarantee of beneficial use to the purchaser.
Lease of entire business. The lease of a machine shop, including real estate space, power supply, light, heat, janitor service, use of rail siding and use of machine tools and machines, is not covered by the Regulation if the transaction actually involves a bona fide lease of an entire business.
Emergency purchase. In order that a sale or delivery to a governmental agency be exempted as' a sale or delivery pursuant to any emergency purchase” the sale must be made ’’for immediate delivery”, Section 1390.23. A contract entered into in September 1943, stipulating for periodic deliveries begin in April 19hh, and to end in December 1944, was held not to be an emergency purchase “for immediate delivery?’ within the meaning of the Regulation.
Repair of oil well survey instruments. Gil well survey instruments are ’’oil well equipment” within the meaning of ¿ection 1396.32, Appendix A, and therefore repairs of such instruments constitute machinery services covered by the Regulation.
Battery separators with grooves on one side and which can be used only for batteries are considered parts for batteries, and therefore are covered by the Regulation. Where the battery separators are made in whole or in part of rubber, Regulation No. 149 (Mechanical Rubber Goods) applies.
Cloth-cutting machines are classified as textile machines and therefore are covered by the Regulation, Section 1390.32, Appendix A.
Electrical equipment sold and installed on ships. The sale and installation on ships of electrical equipment such as speaker systems, lighting fixtures, instrument panels, wiring for gun mounts by a manufacturer are covered by the Regulation*
’’Integral” and ’’combination” trucks. See page 16:1.
Lens tempering unit, used for tempering lenses so that they may resist breakage is covered by Section 1396.33, Appendix B, as an optical processing machine.
Machi ne gun parts for civilian purposes are classified as ’’material handling equipment”, Sec-tion 1390.32, Appendix A, and therefore are covered by the Regulation when sold at the manufacturer’s or wholesale level. When sold at the retail level, the General Maximum Price Regulation applies.
Parts used interchangeably in industrial and farm machines. Engine and tractor parts which may be used interchangeably in industrial and farm tractors are covered by the Regulation; Regulation No. 246 (Manufacturers’ and Wholesale Prices for Farm Equipment) is no^ applicable since that Regulation only applies to equipment which is used primarily in connection with the production of agricultural products.
Patcher. A patcher which meets the definition of ’’industrial sewing machines" under Regulation too. 37$ (Sales of Used Industrial Sewing Machines and Rental Rates for New and Used Industrial Sewing Machines) but cannot be priced under that Regulation because it is assembled
16:23
from parts of old standard sewing machines, must be priced under Sections 1390.5 or 1390.7 of Regulation No. 136.
Screws which are part of textile machines. Screws manufactured by a person who does not manufacture the textile machinery in which they are used, are not covered by Section I39O.32, Appendix A of the Regulation, unless the screws can be classified as ’’accessories” designed exclusively for use with textile machinery. A screw used for fastening together * the basic machine is not such accessory, whereas a screw used with a bobbin, for example, is considered to be an accessory.
A screw which is not an accessory is covered by Section 1390,33, Appendix B as a "screw machine product", if it is made complete or in its first operation on an automatic or hand screw machine from rod, bar or tube stock, and is sold unassembled, provided that the screw is not covered by Regulation No, 1U7 (Bolts, Nuts, Screws and Rivets),
Price Determination
New contracts■- production experience. In determining the maximum price for new contracts, Section 139'0', 18(f)', the manufacturer’s production experience up to the date of determining the new contract price must be used since subparagraph Section 1390.7(b)(2) specifically • states: "The permitted labor cost ... is to be determined by applying to each classification of labor estimated to be required on the basis of previous production experience."
Machines formerly sold under special contract. Where a company manufactured lubricating machines never before manufactured, under a special contract for one purchaser only, and delivered the machines to such purchaser on the base date, October 19hl, its maximum price for lubricating machines sold under a new contract with the same purchaser is determined by Section 1390.7, sales by the manufacturer without list prices.
Sale pursuant to rental contract. See page 16:15»
16:2h
shop's former customers» The manufacturer's maximum prices for machinery services are those of the transferor, pursuant to Section 1390,28 entitled, Transfer of business stock in trade. A manufacturer who sells his products operates a different type of establishment bhan one who sells machinery services» Hence, as used in Seption 1390,28» "establishment" refers to the type of business being transferred, and since the manufacturer of machines and parts maintained a different type of establishment than a shop rendering machinery services, the manufacturer has acquired an "establishment separate from any establishment which he may previously have owned or operated,"
Firm-price contracts - new list prices, A manufacturer entered into a firm-price contract for the sale of a product covered by the Regulation at a price properly computed under Section 1390,7, During the pendency of the contract the manufacturer filed a report under Section 1390»13 and received approval of a new list price for the same product which is lower than the contract price. The manufacturer need not adjust his contract price on the balance of his deliveries under the contract to' the level of his new list prioe, Section 1390,18(b), A contract price, properly computed under Section 1390,7, need be recomputed only where the manufacturer's estimates of the prioes of materials or services are fouud to exceed the supplier's actual prices therefor under Section 1390,7(c)(4)(ii). Conversely, where the manufacturer's contract price was lower than the approved list prioe under Section 1390,13, the Regulation does not relieve him of his contract obligation to complete contract deliveries at the lower price.
Oil cleaning unit, See page 16:21.
Machines without list or established prioes - dealers - freight charges, In computing maximum prices of machines and parts without list or established prices, Section 1390,10 (c), a dealer may include freight charges actually paid by him from the manufacturer's plant to the dealer's warehouse as part of his "net invoiced cost".
Rental of components of rook crushing plant. See page 16:13.
Reduction or waiver of 60-day guarantee. Where second-hand machinery is sold at the maximum price of the nearest equivalent new machine, the 60-day guarantee of satisfactory performance, Section 1390.11(a)(2), may not be reduced to 20 days where the purchaser operates the machinery 24 hours per day; nor may it be waived because of the difficulty of servicing the machinery during the 60-day period of the guarantee in the case of sales to purchasers outside the United States.
New or converted plant. Where a tractor distributor built a new addition to its plant which is a separate buil<|ing on a separate piece of property, the new building is a "newly constructed plant" for purposes of Section 1390.9(c).
Rebuilt and guaranteed machine - adequacy of method of invoicing. A provision in a sales contract that the "above machinery is guaranteed free from extra worn parts or cracks to impair the operation of machinery " does not meet the requirement of the Regulation that the machine be "expressly invoiced as a rebuilt and guaranteed machine", see Section 1390.11(b),
Adding pattern charges to maximum prices, See page 13:25.
Increase in labor costs. Section 1390.7 provides a formula for determining the maximum price of a machine or part for which the manufacturer had no published list price or established price in effect on the base date. Where the cost of a commodity for which a maximum price is determined under this section is increased due to labor inefficiency, the manufacturer may increase his maximum price of the particular commodity to reflect the increased labor cost since a change in efficiency of labor will necessarily affect his estimate of labor hours. The increased price for the commodity must be reported pursuant to Section 1390,18(g).
16:25
Discounts - sale through agent» Under Section 1390.20, a seller may not change his customary discounts or price differentials among his classes of purchasers. Where a manufacturer who formerly sold the machines direct to the customer, now sells through a sales agent who does not take title to the machinery, the sales agent is bound by the customaiy discounts of the manufacturer»
Sales by commission agent* An agent selling machines for a manufacturer on a commission basis without taking title to the machines is bound by the maximum prices of his principal, the manufacturer; he does not determine his maximum price as a "seller other than the manufacturer" under Section 1390.10. Also since the agent is not selling on his own behalf, but on behalf of his principal, he need not report list prices under Section 1390.5«
Direct labor cost - overtime rates« During the base period a manufacturer operated an automotive engine division and an aircraft engine division in a single plant* The overtime expenses in the automotive engine division were not substantial, and therefore the manufacturer did not consider them in establishing his factory overhead rates for the purpose of establishing selling prices for automotive engines?
However, the overtime expenses in the aircraft division were substantial and were considered as a factor in determining factory overhead rates for purposes of establishing selling prices of the aircraft engines* May the manufacturer receive a markup on his overtime expense in the automotive engine division, which are at present substantial, in computing the maximum prices of the automotive engines under Section 1390.7*
Since Section 1390.7(b)(3) provides that in the computation of maximum prices the manufacturer may not receive a mark-up on overtime expense, except to the extent that this .was reflected in his overhead or machine hour rate during the base period, the manufacturer may not receive a mark-up on overtime expenses incurred in the automotive engine division in computing the maximum prices for the engines manufactured in that division«
Established price in effect on October 1, 1941.
Question: Where a manufacturer has accepted one order during the six months period prior to October 1, 1941» but has made three deliveries pursuant to that Order, has he an established price within the meaning of Section 1390.5(c)?
Answer: No. Only one charge has been made and the requirement is that the price be quoted or charged more than twice.
Question: What date is actually used to determine the maximuih prices?
Answer: The date the contract was accepted. This is in keeping with the intent of the Regulation.
Question: Which controls, the date of the acceptance of the contract or the date when the first delivery is made?
Answer: The date of acceptance of the contract controls«
Question: If three separate orders at the same price were placed by the same company during the six months period prior to and including the base period date, is there an established price within the meaning of the Regulation?
Answer: Ies« The same price has been charged to the same class of purchasers more than twice during the six month’s period prior to and including the base period date« It is not necessary that this charge be made to three different purchasers«
Question: Is it necessary for the manufacturer to file established prices in effect on the base date?
Answer: No» Section 1390.5(d) only requires the filing of published price lists and discounts in effect on the base date»
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Taxes
Federal transportation tax. Under Supplementary Order No. 31--Tax on Transportation of Property Imposed by Revenue Act of 1942, the 3% tax on freight bills is treated by OPA as an increase in freight, Where a manufacturer’s maximum price is f.o.b. factory, with a specified allowance for freight of 50 cents per cwt«, he is not required to increase the amount of such allowance by reason of the fact that the transportation costs have been increased by the amount of the Federal transportation tax, effective December 1, 1942.
Classification
Appendix B "perishable (expendable) tools.” Tools that wear or are consumed in the process of production and require regrinding or sharpening including' devices used on machines to remove material by cutting or abrading, dr for shaping and forming such materials, are "perishable (expendable) tools," including the following:
(a)	Cutting tools of carbon steel, high speed steel, and cemented carbide (carboloy), stellite and other tipped tools, including diamond tipped tools.
(b)	Lathe, planer and shaper tools for turning, cut-off, boring and counterboring, facing, and planing,
(c)	Milling cutters hobs, broaches, twist drills, deep hole drills, reamers, etc«
Oil well beans, Automatic and manual oil well beans (valve devices used in conjunction with an oil well Christmas tree to control the flow and measure the pressure of oil) are complete items of "oil well equipment" covered by Appendix A,
16:26(a)
"Industrial boilers.* See page 16:17.
Violations and Evasions
Refusal to sell to distributors. A manufacturer of machines and parts who sold machinery bo ultimate purchaser on the base date or had an established price differential between distributors and ultimate purchasers, may refuse to sell to distributors and sell only to ultimate purchasers. However, if the manufacturer had only one price for all purchasers, that price is his maximum price for all purchasers.
Second-hand machines - repairs. Buyer of second-hand crane ”as is" wants the boiler repaired. The seller is engaged to do the repair work before delivering the crane to the buyer. The resulting total compensation is less than rebuilt and guaranteed price but more than the "as is" price. This procedure is a violation of the Regulation. If seller performs repair work before delivering machine to buyer, total price cannot exceed either the "as is" or "rebuilt and guaranteed" price, depending on condition of machine. If the machine has actually been delivered to buyer, seller can then be engaged to do repair work and paid for his services without regard to the charges for the machine, provided that the engagement of the services was not agreed upon by the parties prior to delivery. This means that in order for the seller to be able to sell the service of repair independently of the sale of the machine, the buyer of the machine must when buying the machine, have been completely free to engage a person other than the seller of the machine to do the repair work. Even where machine is first delivered to buyer before repair work is done, if end result is that the seller received compensation totaling more than the rebuilt and guaranteed price, a strong presumption of evasion exists.
Rebuilt and guaranteed second-hand machines - necessity for tearing down and rebuilding. While Section 1390.11(b) contains no specific requirement that a machine which has been in use for five years or more must be torn down and rebuilt to qualify as a "rebuilt and guaranteed" machine, if such a machine has not actually been put through this reconditioning process there is a strong presumption of a violation if it is sold as "rebuilt and guaranteed", since the machine is likely to have worn or missing parts which must be repaired or replaced for satisfactory operation.
Guarantee of satisfactory operation. Used machines were sold to the Lend Lease Adminis-brabion for shipment bo India ah the maximum price for rebuilt and guaranteed machines and invoiced as such pursuant to Section 1360.11(a)(2). It is not an evasion or violation of the Regulation to charge the maximum price for the machines as rebuilt and guaranteed where defective operation of the machine is due to improper installation or damage while in transit.
Recapture clause - taxes and repairs during rental period. See page 16:14(a).
Definitions
"Material handling equipment, industrial (cars, trucks, racks, etc.)." The material-handling equipment covered by this item is equipment used'for the movement of goods from place to place. Hence, "racks" which are fixtures are not covered.
"Extra". See page 16:6.
"Open tanks and vessels (metals)", etc. See page 16:22.
Screw machine product. Screw machine products include all items made complete or in their Yirst operation on automatic or hand screw machines from rod, bar, or tube stock when sold unassembled, but excluding items made on screw machines which are subject to Maximum Price Regulation No. 147 (Bolts, Nuts, Screw, and Rivets).
"Portable heating, melting, burning and thawing equipment", etc. This term, as used in Appendix A (h), means burners, forges, furnaces, heaters,’kettles, melting pots and
16:27
torches used for industrial or transportation purposes, which are not designed to be set on, or fastened to a permanent base or foundation, but which are capable of being easily carried or moved from one location to another, and use gasoline, kerosene, fuel oil, illuminating gas, coal, coke, charcoal or wood as fuel to generate heat for the purpose of heating, melting, burning or thawing materials of any kind. Oxy-acetylene and electrically operated equipment is not included, and mechanic’s fire pots and blow torches are specifically excluded.
Maximum Price Regulation No, 246
MANUFACTURERS’ AND WHOLESALE PRICES FOR FARM EQUIPMENT
Applicability
Electric fence controllers. Electric fence controllers sold by manufacturers or wholesalers are subject to Regulation No. 246 since practically all of these controllers are manufactured and marketed for farm use. Sales at retail are subject to Regulation No. 133‘ (Retail Prices for Farm Equipment), Regulation No. 136 (Machines and Parts, and Machinery Services) is not applicable.
Saddles, harness, etc, Sales by manufacturers of saddles, saddle trees, stirrups, harness, chinchas and cowboy boots are not subject to Regulation No, 246; the General Maximum Price Regulation applies. The sale at retail of harness and saddlery is subject to Regulation No, 133 (Retail Prices for Farm Equipment).
Parts used interchangeably in industrial and farm machines. See page 16:22(a).
Galvanized pipe. See page 16:10
Hatchery equipment. See page 16:9
Price Determination
Manufacturer’s increased freight costs. In March 1942, a farm equipment manufacturer charged retail dealers in area A freight from transfer point A which he has since discontinued, and now proposes to charge a higher freight from transfer point B. The increased freight costs may not be added to the maximum price under Regulation No. 246. Therefore, the retail dealers may not increase their maximum prices under Regulation No. 133 (Retail Prices for Farm Equipment) since their freight costs have not changed.
Maximum Price Regulation No. 341
MAXIMUM PRICES FOR USED COMMERCIAL MOTOR VEHICLES
Applicability
"Integral" and **combination” trucks. See page 16:1,
Converted passenger automobile. The Regulation applies to the sale of a used passenger . automobile converted to a commercial motor vehicle;
Sales of used commercial motor vehicles by Army Post Exchanges. Supplementary Order No. 27 was intended to exempt from price control only commodities or services customarily sold or furnished by Army and Navy Post Exchanges or canteens. It was not intended to exempt sales of equipment of such exchanges or canteen such as used commercial motor vehicles.
Sales of used trucks by Army Post Exchange are subject to the Regulation and Supplementary Order No, 82.
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Used "carry-alls?. Motor vehicles designed for use on the highway to transport property and persons such as Army "carry-alls", are used commercial vehicles and subject to the Regulation upon resale.
Price Determination
"As is* and "warranted* prices. Only dealers who give the warranty specified in Section 8 may charge *warranted* prices for used commercial motor vehicles. All other sellers of such vehicles may not charge higher than the *as is* prices established in the Regulation«
Federal Use Tax« A seller of a used commercial motor vehicle may charge in addition to the maximum price of the vehicle the value of the unused portion of the Federal Use Tax paid by him since this tax is a tax on the use of the vehicle.
Classification
New and used trailers« A "Reassembled trailer* was manufactured from 70% used material «nd 30% new material« The question arises whether the trailer is a "used" motor vehicle subject to Regulation No. 341> or a new vehicle, .subject to the General Maximum Price Regulation. In order to qualify as a new trailer, the vehicle must have undergone a manufacturing operation rather than a repair or reconditioning operation of a used unit, and such operation must have been performed by a manufacturer of new trailers, i.e«, one who is engaged customarily in the business of manufacturing, has catalogue or list prices, and has a manufacturing establishment«
Equipment considered as an "extra*» Equipment attached to a used commercial motor vehicle is an "extra* and priced under the pricing provisions of the Regulation when it meets the following requirements:
(1)	When it is designed for attachment to such a vehicle when new;
(2)	Is not provided for in the price of the vehicle when new; and
(3)	Is operated by power from the vehicle, or if not power operated, its use is dependent op its attachment to the vehicle.
A corn sheller not designed for attachment to a commercial motor vehicle when new is not an "extra*« However, equipment designed both for use either attached to a commercial motor vehicle or in sane other capacity may be an "extra*•
Machinery which is attached to a vehicle but is not an "extra" is priced under the Regulation that would be applicable if it were not attached to the vehicle«
Fire trucks. A used fire track is a used commercial motor vehicle within the meaning of Section 1 since it is self-propelled and "designed for use on the highways for the tranw— portation of property."
Definition
New body» A "new body*, as that term is used in the Regulation, means one that has never been used before for any purpose.
Maximum Price Regulation No, 375
SALES OF USED INDUSTRIAL SEWING MACHINES AND RENTAL RATES FOR NEW AND USED INDUSTRIAL SEWING MACHINES
Applicability-
Sale by municipality at public auction» The sale of used industrial ««wing machines by a municipality at public auction is covered by thè Regulation«
Patcher« See page 16:22(a)»
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Maximum Price Regulation No* 452
MANUFACTURERS’ MAXIMUM PRICES FOR AUTOMOTIVE PARTS
Applicability
Rebuilt automotive parts* The following pricing situations illustrate when rebuilt parts are subject to Regulation Nos. 165 or 453»
Case 1.
Question: Truck owner makes repairs to truck* He has garage make a replacement valve* The garage makes the valve to specification and furnishes all the materials. Under what Regulation should the part be priced?
Answer: The garage is a manufacturer with respect to this part and should price the part under Regulation No. 452*
Case 2*
Question: The circumstances are the same as in Case 1 except that the truck owner furnishes to the garage the material for the valve.
Answer^ The garage renders only a service in this case* This service should be priced under Regulation No* 165*
Case 3»
Question: Truck owner in Case 1 has the garage make the repairs to truck* Garage makes the valve or has it made* Garage furnishes the material for the valve* How is valve priced?
Answer: If the garage bills the labor and parts Jointly as a service the total price for the service is determined under Regulation No. 165* The allowance for the part to be included in the service price is determined under Regulations Nos. 453 or 452. If labor and parts are billed separately by the garage, the price for labor is determined under Regulation No. 165 and the price for the part is determined under Regulations Nos* 453 or 452.
Maximum Price Regulation No. 453
WHOLESALERS’ AND RETAILERS’ MAXIMUM PRICES FOR AUTOMOTIVE PARTS
Applicability
Hose is under the Regulation when sold for use as a connection for automobile hot water heater
Rebuilt automotive parts. See page 16:30*
Scrap truck axles* Truck axles which are being sold to machine shops as scrap truck axles, if they are reusable truck axles or axles which could be made reusable within the definitions contained in the Regulation, are governed by the Regulation*
If scrap truck axles are not covered by the Regulation, they would, be free from price control if removed from the coverage of Regulation No. 4 because of the waste and scrap material provision of Revised Supplementary Regulation No. 1 to the General Maximum Price Regulation*
.... /
Regulation No. 310 is not applicable since a scrap truck axle is not a reusable structural steel shape or plate or shafting within the meaning of that Regulation.
16:30
Maximum Price Regulation No, 465
USED PRESSURE VESSELS AND USED ENCLOSED ATMOSPHERIC PRESSURE VESSELS
Price Determination
Blocking and tying charges. Regulations of the Interstate Commerce Commission require that used pressure vessels which are to be loaded on a flat car for shipment must be blocked and tied securely before acceptance by the railroad. The seller of a used pressure vessel may not make an additional charge for the expense incurred in blocking »and tying since such service constitutes dismantling and loading of the used vessel for shipment to a purchaser within the meaning of Section 7(c)(2)(ii), for vhich no extra charge is permitted.
Maximum Price Regulation No. $23
PLASTIC PRODUCTS
Applicability
Sheets made of thermoplastic scrap are covered by the Regulation when sold by a manufacturer who does not sell molding compounds produced by him*
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NON-FERROUS METALS
GENERAL INTERPRETATIONS
Prioe Determination
Sales to exporters - delivery to an emergency port of exit. When a seller's maximum prioe Is a delivered price, he may not, on a sale to an exporter, make a charge to cover the amount by which his freight to emergency port of exit at which he makes delivery exceeds freight to the normal port of exit.
Prioe Schedule No. 2
ALUMINUM SCRAP AND SECONDARY ALUMINUM INGOT
Applicability
Aluminum oxide is not covered by the Schedule.
Aluminum sulphate is not covered by the Schedule.
Prioe Determination
Transportation charges. See page 17:6.
Commissions
Commission payments to employees purchasing aluminum scrap. It is not permissible for a consumer of aluminum scrap io pay a commission io a party, other than an employee, on the purchase of aluminum scrap when the price paid for the scrap plus the commission exceeds the ceiling prioe established for the material. A commission may be paid in addition to the maximum price only when a bona fide employer-employee relationship exists between the parties. The arrangement, if undertaken, must be entered into in utmost good faith and not used as a device for the purpose of evading the provisions of the Regulation.
Premiums
Quality premium. A premium for the sale of briquetted aluminum turnings may not bo charged by a seller.
Taxes
Secondary aluminum ingot - delivery charges. Under Supplementary Oroer No. 31 - Tax on Transportation of Property Imposed by Revenue Act of 1942, the 3% tax on freight bills is treated by OPA as an increase in freight. Therefore, the "lowest carload rate of rail freight" is the carload rate plus the 3% tax on the amount of the oarload rate. The resulting amount must be allowed by the seller to the extent of 75/ per hundredweight. In the case of less than carload shipments, the amount of the freight allowance is calculated in the same way.
Classification
Scrap aluminum pattern forms are classified as "old castings and forgings".
w01d castings and forgings". Large pieces of obsolete 27-S aluminum scrap, obtained in the dismantling of a bridge, are classified as "old castings and forgings".
17,1
Violations and Evasions
Sale of ingots in conjunction with purchase of scrap. Where aluminum ingots are sold at the maximum price, and pursuant to a WPB requirement, the sale is made in conjunction with the purchase of the scrap,, the seller of the ingot may not insist upon a lower prioe than is ordinarily paid for the scrap, since the ingot seller whould, in effect, receive a higher prioe for the aluminum ingot than that established by the Schedule. The Schedule expressly prohibits such evasion, see Section 1302.6.
Maximum Prioe Regulation No. 3
ZINC SCRAP MATERIALS AND SECONDARY SLAB ZINC
Applicability
General. The Regulation is applicable to the seller and the buyer who is a consumer of sine scrap materials of the kinds and grades set forth in Appendix A of the Regulation, and is applicable to the seller and the buyer of secondary slab zino.
Pic cast borings and die cast dross slab are not subject to the Regulation.
Zinc tax tokens are subject to the Regulation as "old zino scrap".
Secondary electrolytic zino is subject to the Regulation as "intermediate and higher grade" of secondary slab zinc.
Thread protectors. The Regulation is not applicable to the sale of "thread protectors" made from an alloy containing 95% zino and 5% copper, since such material is not one of the forms of scrap subject to the Regulation.
Zino die cast shavings are exempt from price control.
Price Determination
Freight charges prior to reaching point of shipment. Since the maximum prices established t>y the Regulation for zinc sorap are f.o.b* point of shipment, a seller, on shipping zino scrap from his plant to a refinery, may not add to the maximum prioe the freight charges he incurred before the material reached his plant.
Freight charges to local railhead. Transportation charges from the seller’s plant to the local railhead nay not be added by the seller to the maximum prioe of the Regulation. However, if the seller loads the scrap at his plant on a common carrier for continuous transportation to the buyer on a through rate whioh includes no specific charge for the cartage or the trans-shipment, then the buyer may pay the entire freight from tho seller’s plant.
Transportation charges. See page 17:6.
Definitions
Truck charges - sine and lead scrap. Truck charges means charges on tho gross weight of tho ahipmanb within thw meaning of Regulation No. 3, Section 1303.15, and Schedule No. 70, Section 1855.70.
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Price Schedule No. 8
PURE NICKEL SCRAP, MONEL METAL SCRAP, STAINLESS STEEL SCRAP, NICKEL STEEL SCRAP, AND OTHER SCRAP MATERIALS CONTAINING NICKEL: SECONDARY MONEL INGOT, - SECONDARY MCNEL SHOT, AND SECONDARY CCPPER-NICKEL SHOT
Applicability
Electrolytic nickel plates that are scrap material are covered by the Schedule,
Electrolytic nickel plates that are not scrap material are not covered by the Schedule.
Nickel anodes made'from nickel residues and nickel scrap are not covered by the Schedule.
Secondary nickel chrome ingots are not covered by the Schedule.
Nickel steel scrap and ferro-nickel-iron scrap. All nickel steel scrap and ferro-nickel-iron scrap containing over 5.25% nickel are covered by Schedule No. 8. The maximum price of ferro-nickel-iron scrap containing 14% up to 90% nickel and no chrome is specifically set forth under Section 1308.10(a) of Schedule No. 8, and the maximum price of ferro-nickel-iron scrap containing less than 14% nickel but more than 5.25% is determined by applying the normal differential below the established maximum price, as provided by Section 1308.10. Nickel steel scrap containing 5.25% nickel or less is covered by Schedule No. 4 (Iron and Steel Scrap).
Price Determination
Nickel steel scrap and ferro-nickel-iron scrap. See page 17:2.
Transportation charges. See page 17:6.
Premiums
Computation of premium. The premium for ferro-nickel-chrome-iron scrap is applicable to all of the ferro-nickel-chrome-iron scrap in shipments of 10,000 pounds or more of such material, and not to the nickel content alone.
Converter* s, premium - reasonable chemical analysis. To receive a converter’s premium the converter must sort, grade, and otherwise preparescrap for direct industrial consumption, on the basis of a reasonable chemical analysis, made of a reasonable sample of each sale and shipment of material, and the material must ultimately turn out to be fit for direct industrial consumption. In making a reasonable chemical analysis, it is not necessary to maintain a laboratory or employ an accredited chemist, but it is clear that a single application of nitric acid, to one clipping in a carload does not constitute a reasonable chemical analysis.
Premium tor mixed lots. The schedule permits quantity premiums for stated quantities of different kinds of nickel-bearing scrap. A shipment composed of different grades of the same kind of scrap, as classified in paragraph (a) of Appendix A, is eligible for the quantity premium. For example, a shipment of two lots of ferro-nickel-iron scrap, one ©f 8,000 pounds containing 30% nickel, the other 6,000 pounds containing 40% nickel, would be eligible for the quantity premium allowed* on 10,000 pounds of ferro-nickel-iron scrap. The quantity premium may not be obtained, however, by combining lots of different kinds of nickel-scrap to total the quantity required for the premium. Thus, 6,000 pounds of ferro-nickel-iron scrap could not be added to 15,000 pounds of monel metal scrap, to obtain the premium available on 20,000 pounds of monel or 10,000 pounds of ferro-nickel-iron.
Brokerage fee. To qualify for a brokerage fee, Section 1308.10(b), the broker must have pur-chased the scrap for the consumer’s account after he was employed for such purpose by the consumer; otherwise the broker could not comply with the requirement that the brokerage fee may not be split with, or paid to the seller of the material.
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Price Schedule No. 12
BRASS MILL SCRAP
Applicability
Quttings from copper bronze screen wire are not brass mill scrap and are not covered by the Schedule; Maximum Price Regulation No. 20 (Copper Scrap and Copper Alloy Scrap) applies.
"Clean fired rifle shells.” See page 17:6.
Brass rifle shells discarded in the process of manufacture because of defects, and which never contained a primer cap, are brass mill scrap.
Mouth trim from cartridge cases. Scrap resulting from final mouth trimming of cartridge cases is classified as "turnings" and not as "heavy scrap".
Price Determination
Yellow brass containing 2% to 3% lead. No specific price is established for yellow brass containing 2^ to 3^ lead, and hence the maximum price is determined pursuant to the normal differential clause of the Schedule, Section 1309.19(b)(1). During the period July 22, 19hl to February 11, 19h2, leaded brass generally sold at the same price as heavy yellow brass and
17:3(a)
Price Schedule No. 17
PIG TIN
Price Determination
General. The Schedule establishes maximum prices in cents per pound, ex dock or store. Port of Rew York for foreign pig tin, and ex producer’s plant for domestic pig tin.
Differentials for small lot sales. A differential in cents per pound is provided for the sale in lots of less than five gross tons. The differentials vary with the size of the lot sold.
Sales on a CIF basis. Sales may be made on a GIF basis so long as the CIF price is based on a price ex dock or store, Port of New York, which does not exceed the maximum established by the Schedule.
Violations and. Evasions
Conversion to solder dross. The Schedule does not prevent conversion of a car of tin and solder dross Into solder metal, on toll, for a customer outside of the United States.
Maximum Price Regulation No. 20
COPPER SCRAP AND COPPER SCRAP ALLOY
Applicability
Return of excess scrap materials. Where castings are sold and the seller retains title to any excess material, such as chucking ends, the return of the excess material by the buyer of the castings does not constitute a sale of scrap under the Regulation.
Discarded evaporators. The sale of discarded evaporators on the basis of their copper and brass content is subject to the Regulation, since it is a sale of copper scrap or copper alloy scrap.
Sale of tableware to replaters. The Regulation does not apply to silver plated copper alloy tableware sold to replaters, since it is sold for reuse and not as scrap.
"Clean fired rifle shells." Clean but defective rifle shells of thirty to fifty caliber, the primer caps of which had been fired by machine and not by regular rifle firing on the range, and 37, 75, 90 and 105 mm. shells made of the same material as the rifle shells, are subject to the Regulation as "clean fired rifle shells"; they are not subject to Price Schedule No. 12 (Brass Mill Scrap).
Sales by a dealer to a partnership in which he is a member. An individual is a copper scrap dealer and is also a member of a partnership which is a copper scrap consumer. By virtue of Section 1309.69(a)(2), this individual is a "consumer". His purchase prices are subject to the Regulation and his sales to the partnership are also covered and must be made at or below ceiling prices, since the Regulation does not exempt sales from one consumer to another.
Price Determination
Transportation charges. Where delivery is made in a vehicle owned or controlled by the sell— er or by a private carrier not owned or controlled by the consumer, the maximum transportation charges which the consumer may pay is determined by the mileage traversed on a one-way haul from the shipping point to the consumer’s receiving point. The allowance for bridge, tunnel, and ferry tolls is also for the one-way haul only. The following schedules and regulations have such provisions:
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No. 2 (Aluminum) Section 1302.14(b)
No. 3 (Zine) Section 1303.15(b)
Io. 8 (Nickel) Section 1308.10(e)
No.12 (Brass Scrap) Section 1309.19(d)
No.20 (Copper Scrap) Section 1309.70(e)
No.70 (Lead Scrap) Section 1355.70(b)
Premiums
Quantity premium - substitution of scrap materials. While there may be a substitution of an item or scrap, in order to qualify the shipment for a quantity premium, the substitution must meet the requirements of the Regulation concerning "shipment at one tine".
Method. It is not a violation to use a pricing method that differs from that of the Regulation, providing the price paid does not exceed the maximum price. For instance, it is not a violation of the Regulation where the seller fails to make a required deduction but more than offsets this amount by adding less than the allowable premium so that his price is less than the maximum price. However, in order that the filing of reports by the consumer may be simplified, it is preferable, to determine the prioe as provided in the Regulation by making the applicable reductions and then adding such quantity premium.
Quantity premiums - mixed shipment of brass mill scrap and copper alloy scrap. See page 17:4.
Premium for copper in excess of analysis. The permitted charge of .11775 cents per pound for each 1% of additional copper content above 96% for Group No. 2 copper wire and mixed heavy copper must be based upon an actual analysis of the material. In the absence of 'such analysis of copper content above 96%, any payment made for excess copper content would constitute a violation of the Regulation.
Classification
Bronso borings analysing 80-10-10 are classified as "High Lead Bronte Borings".
Asbestos covered copper wiro is classified as "refinery brass".
Insulated copper wire. Rubber covered, cotton and silk covered, glass covered, and enameled and varnished copper wire are classified as "Insulated Copper".
"Clean fired rifle shells". See page 17:6.
Definitions
"Scrap." Brass pipe purchased from scrap dealers and building wreckers and cleaned, cut, and threaded is still useful in its existing state for its original purpose, and therefore is not "scrap" as defined in Section 15(8).
Violations and Evasions
Compensation of a referee chemist. Ths consumer may pay, in addition to the maximum price, all or any part of the compensation of a referee chemist, employed by the consumer «nd the seller to determine the analysis of a given lot of material, provided the seller does not receive any portion of the chemist’s fee.
Price Schedule Io. 69
PRIMART LEAD
Applicability
General. The Schedule is applicable to the sale of all grades of primary lead. The seller
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and the purchaser are subject to the Schedule.
Die oast borings and die cast dross are not covered by the Schedule.
Type metal ("lead, type") which is not lead but ternary (lead-tin-antimony) alloy is not covered by the Schedule?
Price Determination
Carload lo*»* The maximum prices for carload lots are prices delivered at basing point. The basing poinFs are (1) St. Louis, (2) New York, and (S) other basing points which are listed by cities in the Schedule. If the buyer's rail delivery point is not a listed basing point, the price listed for the nearest point in distance to the point of delivery prevails.
Less than carload, lots. The maximum prices for less than carload lots are f.o.b. point of shipment by (1) the producer of the lead sold, and (2) all other persons except plumbing supply houses. The f.o.b. point of shipment is a listed basing point, and if point of shipment is not listed, the price listed for the nearest point in distance to the point of shipment prevails. An additional amount per pound may be added to the maximum price, varying with the size of the lot sold and whether sold by the producer, or person other than the producer, except plumbing supply house.
Same company both a producer and distributor. A company which buys pig lead for use in the manufacture of ingots, or other special shapes, may charge in the sale of the ingots, or other special shapes made from that particular lead, no more than the marlwftnn prices established for producers. If the same company resells lead without changing its form, it may charge no more than the maximum prices established for distributors. Thus, the same company may have both a producer's and a distributor's maximum price.
Plumbing supply houses. The maximum prices for sales by plumbing supply houses are the dollar-and-cents prices established for carload lot sales, plus a percentage markup. The markup may be no higher than the same percentage markup obtained by the supply house on an October 1, 1941 sale of a similar quantity of the same grade of lead, see Section 1355.9(b)(3).
Premiums
Quantity premiums - mixed carload shipments. If a shipment of pig lead and ingots, which together iotal a carload quantity, is the suFject of a single sale to a single purchaser, or is shipped in one oar to a single purchaser, the carload maximum prices are applicable. If such a quantity is sold to two different purchasers, the less-than-carload maximum prices are applicable, regardless of whether or not the material is shipped for part of its journey in a single car as a carload quantity, taking the carload rate which is applicable thereto. In the latter case, the material is not sold in a carload lot, nor is it shipped to the purchaser's destination in a carload lot.
Maximum friee Regulation No. 70
LEAD SCRAP MATERIALS; SECONDARY LEAD; BATTERY LEAD SCRAP; AND PRIMARY AND SECONDARY ANTIMONIAL LEAD
Applicability
General. The Regulation is applicable to the sale of the following grades or types of lead scrap:
(a)	Load scrap matdHals other than battery lead. The Regulation is applicable io the seller and the purchaser who is a consumer of the following grades or types: soft lead scrap, hard load scrap, battery lugs, lead content of load covered copper cable, and cable lead scrap.
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(b)	Secondary lead as defined means lead of vhich more than 50% of the lead con-bent is obtained from scrap material.
(c)	Battery	lead plates. The Regulation is applicable	to the purchase	and	the
sale by	a broker, and the sale to or purchase from	brokers.
(d)	Battery	lead scrap purchased by smelter or battery	manufacturers.	The	Regulation is applicable to the purchaser and the sale	by a broker,and the sale
to or purchase from brokers.
(e)	Primary and Secondary antimonial lead. The Regulation is applicable to the seller and the purchaser of antimonial lead.
Ludlow and linotype metal which are composed of tin, lead, and antimony are not covered by the Regulation.
Sales of battery lead scrap to dealers. The Regulation is not applicable to the sale of battery lead scrap to scrap dealers, but the sale of such scrap to smelters or battery manufacturers and the sale of battery lead plates to brokers are subject to the Regulation
Price Determination
General. The Regulation establishes dollar-and-cents maximum prices per pound f.o.b. point of shipment for the following:
(a)	Lead scrap materials other than battery lead scrap. The base price is set forth by listed basing points in Appendix F; and differentials are provided for the grade or type of scrap material.
(b)	Secondary lead. The base price is set forth by listed basing points in Ap-pendix F, and differentials are provided for sales in:
(1)	Carload lots;
(2)	less than carload lots;
(i)	by the producer of the lead sold, (ii) all other, persons, except plumbing supply houses, (iii) sales by plumbing supply houses.
(c)	Battery lead plates purchased and sold by brokers.
(d)	Battery lead scrap purchased by smelters or battery manufacturers.
(e)	Primary and secondary antimonial lead.
Transportation charges. See page 17:6.
Freight charges. Transportation charges from the seller’s plant to the local railhead may hot be added by the seller to the maximum price set for>h in the Regulation. However, if the seller loads the scrap at his plant on a common carrier for continuous transportation to the buyer on a through rate, which includes no specific charge for the cartage or the trans-shipment, then the buyer may pay the entire freight from the seller’s plant.
"Used storage batteries (in boxes)”. The term "used storage batteries (in boxes)" refers to the complete storage battery, including the structure in which the elements are hpused. When the outer housing is a part of the complete battery, and cannot be easily separated from it, the housing will be included in the term in question. This is true regardless of what substance the housing is composed. However, a structure which is a mere tray and serves as a platform to support the battery, or its parts, and can easily be detached therefrom, is not included within the term "used storage batteries (in boxes)".
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Commissions
Quality of minimum tonnage. The minimum tonnage for a broker's commission on battery lead plates may not be made up of soft lead, or hard lead, but must consist only of battery lead plates.
Shipment of battery lead plates from broker’s -warehouse. Where a broker ships a portion of; the 300-ton minimum shipment of baltery lead plates from his own warehouse, he may not charge a commission on the remaining tonnage which he has shipped from a point- other than his plant, warehouse or yard.
"Delivered within a 30-day period". See page 17:10.
Brokerage sales. Section 1355.66(b) provides for a commission on brokerage sales. This com-mission is in the nature of an addition to the maximum price and the conditions set out must be met in full in every case where this commission increases the total price to an amount in excess of the maximum price as determined under Section 1355.66 (a). An extra or commission may, however, be' added, even though the conditions are not met, provided the contract base price plus such extra or commission does not exceed the maximum price as determined under Section 1355.66(a).
Violations and Evasions	t
Refusal to ship in carload lot. The sale or delivery of antimonial lead in quantities less than requested by the buyer, in order to enable the seller to obtain a higher differential, is a violation of the Regulation, provided the buyer would have been willing to accept delivery in a single shipment. Furthermore, the carload maximum price applies when antimonial lead is sold in carload lots, even though it is shipped in less-than-carload lots.
Definitions
"Delivered within a 30-day period." The clause "delivered within a 30-day period" is com-plied with as to a broker’s commissions on battery lead plates, where the 300—ton minimum of such scrap is loaded and turned over to a common carrier not under the ownership or control of the broker, and is consigned to a smelter-purchaser within a period of 30 days.
Truck charges - zinc and lead scrap. See page 17:2.
Price Schedule No. 71
PRIMARY AND SECONDARY CADMIUM
Price Determination '
Delivered prices - extra expense due to delivery by express. Appendix A, Section 1357.9 states Tnax^mum prices as delivered prices. Where, however, a purchaser buys a quantity of cadmium which would customarily be shipped by rail freight but requests shipment by express to expedite delivery, it is permissible for the purchaser to defray thé express charges to the extent that those charges exceed rail freight. In such a case the seller may charge the maximum base price, allow for transportation at the rail freight rate, and ship the material by express, charges collect.
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Price Schedule No. 81
PRIMARY SLAB ZINC
Price Determination
TAxes
Federal transportation tax - Federal agencies. Under Supplementary Order No. 31 - Tax on Transportation of Property Imposed by Revenue Act of 1942, the 3% tax on freight is’treated by OPA as an increase in freight. Under Schedule No. 81, maximum carload prices are determined by adding the carload freight from East St. Louis to the point of delivery, regardless of the actual freight paid. The 3% tax on such freight charges, treated by OPA as an increase in freight rates, may therefore be added. It follows that a Federal agency, for example, Metals Reserve Company, even though exempt from the payment of the 3% tax, may add the amount of such tax to the transportation charges in determining its maximum price.
Classification
Zinc dross and zinc skimmings. The Schedule does not require the submission of toll con-tracts where the substance treated is zinc dross or zinc skimmings, since those materials are not regarded as ’’primary material’’ within the meaning of Section 1303.54(b) of the Schedule.
Maximum Price Regulation No. 125
NON-FERROUS CASTINGS
Price Determination
Replacement of defective Casting. A company which delivered Castings for naval vessels was advised that such castings were defective. The rejected castings were replaced after the Regulation was revised, effective February 1, 1943. The Regulation does not require the Company to give effect to the reduction in prices effected by the Regulation as revised, where the defective castings had been sold and delivered to the buyer before February 1, 1943, provided that no charge is made by the seller for the replacement of the defective casting. This interpretation was held to be applicable where the casting must be re-poured, as well as where the defect can be corrected by repairs.
Quantity discount —rate of delivery as test. Where an order is placed for amount entitlea to a quantity discount but delivery is made at a rate which is not entitled to a discount, the determination as to whether the quantity discount should be granted is ihade by reference to the rate of delivery, rather than the size of the order, see Sections 1395.3 and 1395.4.
, Maximum Price Regulation No. 126
FLUORSPAR
Price Determination
High commercial grade. Ground fluorspar meeting the specifications of 85% CaF2 and 5% SiO? ana sold for ceramic or glass uses, and ground fluorspar meeting the specifications of 90% to 95% CaF2 and 5% Si02, are ceramic grades of fluorspar, and the maximum price is the highest price which the seller had in effect for those grades on January 2, 1942. Unground fluorspar, meeting the specifications of 85% CaF2 and 1% SiO2, is a metallurgical grade of fluorspar and subject to the maximum price for that grade«.	•
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Maximum Price Régulât5.on. No. 198
IMPORTS OF SILVER BULLION
Applicability
Shipments on an in-transit bond. The shipment of silver through the United States on an in-transit bond is not an import of silver covered by the Regulation. Thus, silver which is sold while still located in Mexico, to buyers in South America, and ia thereafter shipped under such a bond through this country for delivery to the buyer abroad, is not covered by the Regulation.
Maximum Price Regulation No. 258
CHROME ORES
Violations and Evasions
Charge for weighing car before loading. The charge for weighing the car before loading may be added to the maximum price where the buyer requests it, since he is buying the ore f.o.b. railroad cars, and the weighing is for his protection. It is a violation of the Regulation to add the charge for such weighing to the maximum price unless the weighing is requested by the buyer.
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PAPER AND PAPER PRODUCTS
< / ■	I .■ £ X '' ' f a .	" i? .'	'	* ’
Maximum Price Regulation No. 30
WASTEPAPER
Applicability
General. The Regulation is applicable to the seller and the purchaser in a sale of any kind, grade or type of wastepaper in any quantity. The Regulation is not limited to persons who grade and pack wastepaper. Sales to a purchaser, who uses the paper for wrapping or packing purposes, are not sales of wastepaper and therefore not subject to the Regulation.
The Regulation covers all kinds, grades and types of wastepaper, not merely those specifically listed in the Regulation. See Section 1347.14(c), entitled Maximum Prices for unlisted grades of wastepaper.
Import sales. The Regulation applies to sales of wastepaper purchased from abroad.'
State officials. A State procurement officer may not accept bids for wastepaper in excess of maximum prices.
Unsorted paper. The Regulation exempts the sale of unsorted wastepaper which contains two or more grades, if the purchaser warrants that he will not use such paper as a consumer, but will sort and grade it for resale in^o grades listed in the Regulation, at prices not exceeding the appropriate maximum prices. If a portion of the unsorted paper is reusable and resold for printing, wrapping or writing purposes, and not as wastepaper, the sale of the reusable paper is not subject to the Regulation. The original purchaser's warrant must be as prescribed by the amendment with respect to that portion of paper which he resells as wastepaper, and must further provide that the purchaser will not resell the reusable paper at prices in excess of those provided by the General Maximum Price Regulation.
Sale for reuse as containers. While the sale of.cardboard boxes for reuse as containers is not subject to the Regulation, the sale of such boxes to paper mills for the manufacture of paperboard is subject to the Regulation. The seller should require from the purchaser satisfactory assurance that the boxes are to be used as containers, if they are sold above the maximum price.
. Cardboard boxes sold for reuse as containers are not subject to the Regulation. However, if they are sold to be manufactured into paperboard, then the Regulation is applicable.
Old corrugated containers sold to mills as raw materials to manufacture new containers are covered by the Regulation*
Old corrugated containers sold for reuse as containers are not covered by the Regulation.
Overissue newspaper which is ground by’the purchaser into a fibre, used as a^n ingredient in a floor sweeping compound is covered by the Regulation.
All sales of overissue newspaper solely for use as packing and wrapping materials are exempt from the Regulation. The seller should require from the buyer a written statement setting forth the proposed use of the paper, if the sale•is considered not subject to the Regulation. However, if only part of the lot of overissue paper sold is for exempt use?, the sale of the entire lot is subject to the Regulation.	•
Shredded paper for wrapping or packing purposes is not covered by the Regulation.
Waxed paper used for packing purposes is not subject to the Regulation*
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Sale of mixed paper before sorting» The sale before sorting of paper consisting of heavy books and magazines, mixed ledger .and white ledger mixed with a small quantity of string cannot be made at the prevailing ceiling price for each grade of paper where the buyer must perform the service of sorting. The sale must be made at the ceiling price for mixed paper and is subject to the Regulation, Otherwise, the seller would receive value in the form of services in addition to the ceiling price, ,
Community of ownership. Where there is no community of ownership between a wastepaper concern and a trucking concern, deliveries of the wastepeyper concern’s material by the trucking concern are not deliveries by“the seller, whether or not the proprietors of - the two concerns are related by blood or marriage.
Price Determination
General, The Regulation establishes maximum prices f.o.b. point of shipment. Where sales are made on a delivered basis the price may not exceed the maximum f.o.b. price, plus appropriate transportation allowances. Appropriate allowances for transportation is described in the Regulation for delivery by seller’s vehicle and by public carrier.
Sales of less than one ton. The Regulation establishes maximum prices per short ton. The maximum price for one-half ton of wastepaper is one-half the maximum price for a short ton of the particular grade,
"Machine compressed bales." A baling press consisting of any mechanical contrivance or apparatus for compressing wastepaper is a machine, even though it is hand operated. Accordingly, bales of wastepaper produced by such a press are "machine compressed bales" under the Regulation, and the $2,00 deduction per ton for failure to pack in machine compressed bales need not be made.
Use of purchaser’s employees, When the maximum f.o.b. shipping point price is paid for wastepaper, services of the purchaser’s employees in assisting in the loading of the purchaser’s truck at the seller’s place of business, constitute additional compensation to the seller and are not permissible under the Regulation, However, such services may be utilized if the sale price, plus the value of the services will not exceed the maximum price permissible under the Regulation,
Transportation charges, Where a sale is made on an f.o,b. shipping point basis, any payment by the purchaser to a third person for transporting wastepaper to the purchaser's plant subsequent to loading at the shipping point, is not to be considered in computing maximum prices under the Regulation, Thus, if the purchaser sends his own trucks to bring the wastepaper to his plant, or to have it loaded on freight cars or barges, there is no limitation in the Regulation upon the amount of the transportation charge after the material has been loaded on the trucks at the shipping point. However, if the seller has a rail siding, or barge dock upon his premises, he must load the paper upon cars or barges at his own expense, and if the loading is done by the purchaser the value of such loading must be deducted from the maximum price under the Regulation,
Shipment in seller's vehicle. The Regulation provides that when the point of shipment and the buyer* s business are not located in the same city, town or municipality and are at a distance of more than ten miles from each other by the shortest available public highway route, the maximum charge for transportation in the seller's vehicle must not exceed the lowest published rail rate. When two carload rail rates are published for different minimum quantities, the one for the larger quantity is* the one that must be used; e.g,, if the rate per cwt., for carload containing a minimum of 30,000 pounds is 80 and the rate for a carload containing a minimum of .24,000 pounds is 90 the 80 rate is applicable»
Differential for loading at team truck or public siding» A differential is allowed when freight cars are loaded at a team truck or public siding under the circumstances specified in the Regulation. A differential is not allowed when freight cars are loaded at a private siding.
Unlisted grade. Where a maximum price for an unlisted grade of wastepaper is proposed pursuant to Section 1347»14(c)» and it is subsequently approved by OPA, the maximum price is effective as of the date the application was filed.
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Export packaging. The following operations do not constitute "special packaging" within the meaning of Section 1347.4, which permits an addition for "specially packaging wastepaper for export": packaging in 500 pound bales, rather than the customary 1000 pound bales; affixing labels which show the bale number and weight of each bale; preparing a loading record showing the number and weight of each bale,
"Mixed books* sold for use in manufacture of paperboard. Where wastepaper meets the require-ments of the grade "mixed books" but is sold for use in the manufacture of paperboard, the maximum prices of the wastepaper is that of "No. 1 mixed paper", Section 1347.14 footnote 23. In accordance with the understanding of the trade, this price limitation applies only where the purchaser uses the mixed books for making paperboard, without first sorting out the higher grade fibers for other uses. Consequently, the price limitation does not apply where the purchaser sorts, out the No. 1 heavy books and magazines and uses them in the manufacture of book paper or book paper liner, even though he uses the remainder of the material in the manufacture of paperboard.
Unlisted grade - effective date of maximum price. Before an unlisted grade of wastepaper may be sold the seller is required to file a statement setting forth the facts concerning the unlisted grade, Section 1347.14(c), The maximum price for the unlisted grade is effective as of the date of the seller’s statement, provided that the statement substantially complies with the requirements of Section 1347.44(c), The maximum price so established is subject to adjustment by OPA.
Loading charges. Where a buyer arranges to have a contract carrier take delivery of wastepaper at dealer's warehouse and load the wastepaper on cars for shipment to the buyer, the buyer may pay the carrier the proper and legal rate for this service without violating the Regulation,
"No, 1 news" of the highest quality consists of 100% waste newspapers, entirely free of objectionable papers and foreign materials. Lower quantities of this grade may sell at the maximum price listed in Section 1347.14, only if they meet the minimum specifications of the grade, i.e., the packing is sufficiently free of objectionable papers, foreign materials and fibres other than newspaper? to form a commercially acceptable delivery by the customary standards of the trade.
Transportation charges - delivered sales. Where a seller makes delivery by public carrier, he may add to the established maximum f.o.b« price an amount not in excess of the "lowest established transportation rate for such shipment". This refers to the lowest rate applicable considering both the size of the delivery made (e.g.. carload or less than carload) and the type of carrier actually used (e.g., railroad or truck). Thus, where a less than carload delivery is made by railroad, the lowest established less than carload railroad rate may be added.
Commissions
Brokerage allowance. The Regulation provides for a broker's allowance when wastepaper is purchased by a consumer and when the transaction fulfills the specified reguiraments« Only one broker’s allowance may be paid for each ton purchased. A packer selling a consumer ten tons of wastepaper, two tons of which were packed by himself, and eight tons of which were packed'by others, is entitled to a brokerage allowance on the eight tons, if the transaction ’ with respect to the eight tons conforms with all the requirements of the Regulation.
Imports - broker's commissions. A domestic mill entered into a contract to purchase wastepaper through an agent residing in Canada, The agent is to pay the maximum price for the paper f.o.b. a Canadian dealer's place of business. The agent pays for the wastepaper with his check and the mill reimburses the agent this amount, plus all transportation charges to its mill, plus a specified commission of $1 per ton, or a minimum of $500 per month, plus $200 a month for the agent's increased office expenses. The contract is in violation of the Regulation because: (a) the price paid by the mill is in excess of the maximum price for imported wastepaper f.o.b. port or city of entry in the United States (the maximum price is not f.o.b. a Canadian dealer's place of business) Section 1347.5; and (b) the agent is not entitled to any commissions over and above the maximum price, since he does not perform
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the functions of a broker within the meaning of the Regulation, A brokerage operation, as contemplated by the Regulation, involves an independent operation where the broker is the actual principal and not as in this situation, an agent acting for an undisclosed principal.
Brokerage commission - inter-company sale. Under the Regulation a person may not receive brokerage commission "on wastepaper packed by him or by any person with whom he has any connection consisting of any community of ownership . * .*. Hence, a broker corporation may not receive brokerage commission over and above the maximum price, upon wastepaper purchased from a packer corporation, when the stock of both corporations is owned by the same person or persons.
Broker’s commission. (1) A wastepaper broker may take a merchandising profit as well as his commission provided he complies with all pertinent provisions of the Regulation,
(2) A wastepaper broker is not necessarily disqualified as such because a shipper loads wastepaper into a car at the broker’s place of business, provided the broker has had nothing to do with the preparation of the material for delivery.
Premiums
Premium for special packings, Charges for so-called "special packings" of the grades of wastepaper may not be added to the maximum price.
Classification
"Overissue news," Colored newspaper supplements (e.g., colored comic supplements) cannot be classified as "over-issue news" and should be classified as "No. 1 news", although, because of their color, they are not the highest quality of that grade.
Note: This interpretation applies to overissue consisting solely of the colored supplements, Where the overissue being disposed of is the entire newspaper, including colored supplements along with the regular newsprint, the "overissue news" classification applies.
Unused overissue newspapers with the rotogravure and stapled sections removed are included in the classification "overissue news".
Boxboard cutting. Overissue moving picture poster which is printed and has a regular chipboard back is included in this grade.
New 100% kraft corrugated cuttings. Cuttings from corrugated paper with two liners 100% kraft and a corrugating medium of ,009 straw are classified as a lower quality of "New 100% Kraft Corrugated Cuttings", Cuttings from corrugated paper with two liners of 80% kraft and a corrugating medium of ,009 straw are classified as "New Corrugated Cuttings,*
No, 1 assorted kraft (old kraft). This grade includes wastepaper known as empty scrap kraft chemicals bags.
Printed wall paper waste. Printed wall paper is classified as "No. 1 Mixed Paper*.
Violations and Evasions
Tying agreements. The Regulation expressly forbids the transfer of wastepaper in conjunction with any other material, if it will constitute a direct or indirect method to evade the maximum prices provided therein. A tying agreement or other device in connection with the sale of paperboard, which in effect creates a higher price for wastepaper than established in the Regulation, is an evasion thereof; where a mill forces its paperboard customers to sell to it their wastepaper, a violation of,the Regulation exists.
Furnishing of equipment by purchaser. It is a violation of the Regulation for a purchaser of wastepaper to furnish his supplier with baling equipment or other facilities free of charge
? gig. r J * < g J	y y	' <	,	. -	, j	“J	S Xi A ' , %
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while paying the supplier the ceiling price. In all such cases, the fair rental value of
the facilities loaned must be deducted from the ceiling price.
Delivery by leased truck. It is a violation of the Regulation for a mill to lease a truck from a wastepaper dealer when the effect is that the lessee gets more per ton for wastepaper he sells to the mill than he would if it was delivered in his own truck.
Return load. It is not a violation of the Regulation for a mill to give its wastepaper supplier a return load of a finished product of the consumers at common carrier rates where the supplier is operating under a license from a common carrier.
Definitions
Magazines. The term "magazines" as used in the footnotes to Section 1347.14, defining the listed grades of wastepaper, includes mail order catalogues,
"Prior to present war," Amendment 5 to the Regulation'allows certain grades of wastepaper to contain groundwood where such grades contained no groundwood "prior to the present war". The term "prior to the present war" means prior to the entry of the United States in the Second World War, December 7, 1941«
Records and Reports
Invoicing - unlisted grades. The Regulation provided that all wastepaper must be invoiced ’ by the appropriate grade name provided by the Regulation, Where the seller has obtained the approval of his maximum price for a grade not listed in the Regulation, and has been advised by OPA that his specialty is equivalent to one of the listed grades, he should use the listed grade name, adding his specialty designation if he desires. If the specialty is not equivalent to one of the listed grades, the dealer may invoice the wastepaper under the span!alty designation.
Price Schedule No, 32 t
PAPERBOARD SOLD EAST OF THE ROCKY MOUNTAINS
Applicability
General, The Schedule is applicable to the sales and purchases from any producer, agent, or representative of a producer of paperboard. Paperboard is defined to mean all kinds, grades, types, calipers, colors and patterns of paperboard, "East of the Rocky Mountains" include all the area of the continental United States except the States of California, Oregon, Washington, Idaho, Utah, Nevada, New Mexico, Arizona, Colorado, Wyoming and Montana, Corrugated boxes made from purchased corrugated sheets cut to size and ready to use, and which sheets are then put together by slotting and attaching tape, are not paperboard and are not covered by the Schedule; Regulation No, 187 (Certain Paperboard Products) applies.
Grades and types of paperboard listed in Appendix A are subject to the Schedule, whether or not they are pasted. The grades and types of paperboard listed in Appendix B are not subject to the Schedule when laminated.
Sales of less than one ton. The sale of all quantities of paperboard are regulated by the Schedule, including sales of less than one ton.
Shipment into lbs tern area. The sale of paperboard produced east of the Rocky Mountains and shipped into the Western area is subject to the Schedule,
Wholesaler« The Schedule is applicable only to sales by and purchases from any producer,
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agent or representative of a producer. Accordingly, sales of paperboard by wholesalers or
distributors who do not act, directly or indirectly, as agents of producers, are not covered.
Corrugated sheets made from paperboard are not subject to the Schedule; Regulation 187 (Certain Paperboard Products) applies.	/
Cracker shell board fulfilling all the definitions in the trade of full bending chipboard is covered by the Schedule,
Newsboard is covered by the Schedule.
Paperboard used in manufacture of corrugated sheets is subject to the Schedule.
School pads with paperboard backers are not covered since the Schedule does not apply to item: only part of which consists of paperboard.
Strawboard is subject to the Scheduled
White lined news is subject to the Schedule.
Waste from original sources. Amendment 9 to the Schedule does not prevent board mills from buying waste from original sources except when those sources are box manufacturers or similar converters and the wastepaper is riot part of the box manufacturers or converters waste resulting from his operation.
Price Determination
General. The Schedule establishes maximum prices in dollars and cents per ton or per M square feet of paperboard of the types described in Appendices A and B. These maximum prices are prices delivered to the purchaser’s plant actually using the paperboard. Freight adjustments are allowed in certain cases as is set forth in the Schedule. The maximum prices for paperboard and specialty paperboard, not covered by Appendix A or B, are the highest price per ton or per M square feet charged by the producer during the period October 1, 1940, to October 15, 1941, Appendix C. The maximum prices provided for in Appendix C are (1) either f.o.b. mill price, or (2) delivered price, or f.o.b. the mill full freight allowances, or (3) partial freight allowance.
Several shipments. The maximum price established by the Schedule is based upon the quantity or quantities deliverable in conformity with the terms of the order accepted by the seller. Thus, if delivery, in conformity with the terms of one accepted order, is made in several shipments over a period of time, the price per ton of such shipments may not exceed the maximum price established for the quantity specified in the order for that shipment.
Differentials for less than one ton sale. Sales in quantities of less than one ton must not exceed the base price, plus the proper differentials for quantities up to three tons.
Transportation charges - delivery to warehouse. The maximum prices are stated as prices for deliveries "to the purchaser’s plant actually using the paperboard." The prices so stated are applicable to deliveries to the purchaser’s warehouse and hence include the transportation costs to the warehouse.
Adjustable pricing. Under Section 1347.58a, a seller may agree to charge the maximum prices in effect at the time of delivery. Where paperboard is sold f.o.b. the mill, "delivery" takes place upon receipt of the paperboard by a carrier, not owned or controlled by the shipper, for shipment to the purchaser.
Differential for special characteristics. A producer of paperboard having special characteristics may add to the standard grade price the differential applied during the base period October 1, 1940 to October 15, 1941, if the following conditions are met:
(1)	The differential must have been charged in fact as an extra charge for special characteristics during the base period. Proof of this fact may be indicated through invoices or by any other accepted means of evidence.
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(2)	The differential must be computed on the same basis as It was charged or quoted during the base period; for example, a differential invoiced during the base period on a per thousand square feet basis may not now be computed into the equivalent base period per ton charge.
Where the producer cannot properly establish a differential under Section 1347.62(g)(1), he may apply to the Office of Price Administration for an approval of the differential under the provisions of Section 1347.62(g)(2).
Commissions
Broker’s commission. An arrangement entered into between a box plant and a broker, whereby the broker will find and acquire paperboard for the box plant and receive a commission for such services, does not contravene the provisions of thé Schedule provided that the broker has no financial connection with or interest in the board mill and his commission will not be shared by such mill.
Classification
Pinewood is under the classification of "Bogus* Corrugated Material••*
Violations and Evasions
Purchases in excess of needs. An agreement to sell paperboard, which is customarily sold on a spot or contract basis, over a period of five years, the deliveries to be in installments based on the purchaser's requirements for the term of the contract, with a proviso that the quantity delivered may in no event exceed a certain amount, is not a violation of the Schedule if the seller was prepared to sell on a spot basis but.the buyer desired the contract basis.
The requirement that the buyer obligate himself to purchase tonnage in excess of his immediate requirements is clearly a consideration moving from him in addition to the maximum price for the quantity desired and, therefore, is a price for that quantity desired and, therefore, is a price for that quantity in excess of the maximum prescribed by the Regulation.
Records and Reports
Records to be made. The recording of a purchase must be made when the purchase is completed, nol when the order is placed. A purchase has been made when the ownership of the particular material sold passes, regardless of where the material may be at that time.
Maximum Price Regulation No. 47
WASTE RAGS, WASTE ROPES, AND WASTE STRINGS
Applicability
General. The Regulation is applicable to the seller and purchaser of waste, rags, ropes, and strings in any quantity of the kinds and grades described in the Regulation.
Imports. The maximum prices established by the Regulation apply to the sale of waste rags, ropes, and strings purchased from abroad.
No, 1 manila rope broken up into fibres. The sale of fibre obtained from No. 1 Old Manila Rope by sorting, grading, and breaking up into fibres is not a sale of No. 1 Old Manila Rope, and therefore is not covered by the Regulation.
Sale of old manila rope to be reused as rope. The sale of old manila rope which is to be reused as rope is not subject to the Regulation. A seller of old manila rope for this use should require of the purchaser satisfactory proof in writing of the proposed use.
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•Wiping rags" are not subject to the Regulation.
Scrap or gunny bagging which is to be shredded and made into bagging is not subject to the
Regulation,
Price Determination
General, The Regulation establishes maximum prices per short ton f.o.b. point of shipment, Whe?e sales are on a delivered basis the maximum price is the established point of shipment price, plus transportation allowances set forth in the Regulation,
Transportation charges to the dealer’s place of business, A dealer purchased waste rags at towns A, B and 0, and shipped them to his place of business in Chicago, Illinois, The waste rags were accumulated at his place of business until he had a carload shipment, The carload of rags was sold and shipped to a consumer. The dealer may not add to thë maximum price the transportation charges from towns A, B and C to his place of business in Chicago. The Regulation provides that maximum prices are "f.o.b. point of shipment, which means that they are established at the point where the goods are first loaded on freight cars, trucks or barges for transportation to the buyer*, Section 1347.114(d)« Therefore, transportation charges from the point of origin to the dealer’s place of business Where the rags are accumulated for shipping in carload quantities may not be added to the dealer’s maximum prices»
Transportation charges - unloading. Section 1347.114(d)(1) sets forth the amount of transportation charges that may be added to the maximum f.o.b. prices by a seller who delivers in his own vehicle. Although the industry has generally considered that "delivery* is completed before unloading, and therefore the seller could require the buyer to unload; nevertheless, by trade custom, sellers who in fact did unload, have not been considered as having done any service after delivery for which they were entitled to extra payment. Hence, charges for unloading or for time spent waiting for unloading at the buyer’s plant, may not be added to the maximum price by the seller. This interpretation is based upon the customary practice of this industry, and hence is not necessarily applicable to regulations other than Regulation No. 47.
Premiums
Premiums for trimming or dressing. A premium may not be charged above the maximum prices for old rags for operations known as trimming or dressing which consists of the removal of buttons rubber, etc.
Premium for old manila rope. A premium cannot be charged above the maximum price for old manila rope because such rope is extra dïy.
Definitions
Wiping cloth. See page 18:19.
Maximum Price Regulation No, 114
WOODPULP
Applicability
Manufacture of pulpwood into items other than woodpulp« See page 18:14(a).
Effective date. The Regulation provides that on or after April 20, 1942, the effective date of the Regulation, no person in the course of trade or business shall buy or ■receive" wood-pulp in the continental limits of the United States at more than the maximum prices set forth in the Regulation. Hence, woodpulp may not be imported from Canada after April 20, 1942 at prices in excess of the maximum prices, even though title to the woodpulp passed to the purchaser in Canada prior to that date.
18:8
Price Determination
Taxes
Freight tax under 194-2 Revenue Act. Under the Regulation the producers of woodpulp may add to the maximum delivered prices any freight in excess of the appropriate basic transportation allowances specified in Section 1347.232(a)(3). Under Supplementary Order No. 31, Tax on Transportation of Property Imposed by Revenue Act of 1942, the 3% tax on freight is treated by OPA as an increase in freight. As a reshlt, producers of woodpulp must absorb the 3% tax in every case where the freight involved in a shipment, plus the tax, is less than or equal to the appropriate freight allowance. Producers need not, however, absorb more than the appropriate freight allowance in the Regulation, treating the tax as if it were freight. Consequently the consumer may absorb any excess freight including the tax, over and above the amount of the allowance,
Violations and Evasions
Advance payments. Where the Regulation makes no specific provision with regard to the terms of payment, payment of the ceiling price in advance is a violation; where the usual trade terms are net cash 30 days, the ceiling price may be demanded on delivery.
Adjustable pricing. An adjustable pricing provision does not allow for retroactive price relief; that is, adjustable contracts cannot be made effective before the date of actual filing of the petition for adjustment.
Maximum Price Regulation No. 129
MISCELLANEOUS PAPER PRODUCTS
Applicability
Manufacturer. A purchaser of base paper who treats it with a preparation to obtain a finished prodùct of gummed or waxed paper is a manufacturer of gummed or waxed paper subject to the Regulation. Waxed papers, including cutter box or household rolls, are subject to Regulation No. 307.
Paper tubes, cones and cores. The Regulation is not applicable to thé sale of paper tubes, cones and cores; Regulation No. 187 (Certain Paperboard Products) applies. .
Paper containers, "set-ups* and folding boxes. Paper containers, as that term is understood in the trade, are subject to the Regulation. However, "set-ups*, folding boxes or "knock downs".and corrugated containers are not usually regarded in the trade as paper containers and are not subject to the Regulation. They are covered by Maximum Price Regulation No. 187 (Certain Paperboard Products).
Tuck-in cartons. Tuck-in cartons are not included under the definition of "paper cups, paper containers and liquid tight containers" and therefore are not subject to the Regulation.
Tuck-in cartons are subject to Regulation No, 187,
Paper jackets for bank pass books. Paper jackets for bank pass books, whether plain or printed are subject to Regulation No. 129 as "envelopes". Where the paper jackets are printed by a person other than the manufacturer, this service is subject to Regulation No, 225 (Printing and Printed Paper Commodities),
Specialty bags. Specialty bags are not "Paper containers", Section 1347.11(a)(2), and hence are not subject to Regulation No. 129; MPR 463 applies.
Sputum cup. See page 18:10
Colored Kraft paper. See page 18:9«
Gummed tape made from cloth. See page 18:19«
1818(a)
Price Determination
Transportation charges - absorption of freight cosws by buyer. Manufacturers of industrial paper and converted paper products may not add increased freight costs to their delivered maximum prices. Manufacturers who allowed partial freight must absorb the 6-percent increase in freight rates, effected in March 1942, and any other increase in freight costs incurred as the result of wartime emergency conditions, such as the rerouting of shipments by rail instead of water, in whatever amount is necessary so that their buyers shall not pay a larger proportion of transportation costs incurred in the delivery than they paid during the applicable base period. If the manufacturer customarily paid all freight costs he must continue to do so. For example, a manufacturer of paper products who made a specific allowance of 50/ per hundred-weight during the applicable base period (October 1-5, 1941 and December 1-15, 1941) used in the Regulation, must adjust his allowance to 53/ per hundredweight.
Maximum Price Regulation No, 130
NEWSPRINT PAPER
Applicability
Product manufactured from newsprint paper. Where a company purchases newsprint,paper from which it manufacturers another product, the sale of such product is not subject to the Regulation.
"Novel news" or "Novel paper*. See page 18:19«
"Port prices* for newsprint apply where newsprint is delivered at a port, irrespective of whether the newsprint reaches the port by boat or by rail.
Price Determination
No extra charge for less than carload lot and waterlining treatment. A differential may not be added to the maximum price for deliveries in less than carload lots, or for waterlining' treatment«
Freight increase under 1942 Revenue Act. Under Section 1347.273, the 3% tax on freight bills imposed by the 1942 Revenue Act may be added to the maximum f.o.b. prices, provided that the seller invoices it separately and it is paid by the purchaser. (This Regulation is . expressly excepted from the provisions of Supplementary Order No. 31).
18:8(b)
indicate on the invoice.
Maximum Price Regulation No. 19 A
LOG-RUN SOUTHERN PINE LUMBER
Applicability
Distribution yard mark-up. The distribution yard mark-up for direct-mill sales of Southern pine lumber provided in Section 6(a)(3) of Regulation No. 19 is not applicable to sales of log-run Southern pine subject to Regulation No. 19A.
Better grades or larger sizes. Timbers larger than 8x8 are not log-run sizes and are subject to Regulation No. 19. Sales of these timbers made by mills subject to Regulation No. 19A may be made at Regulation No. 19 prices. Section 3 of Regulation No. 19A does not require the mill to sell its remaining log-run sizes at $20 per MBM because of the sale governed by Regulation No. 19.
Relation to Regulation No. 19. The Regulation and Regulation No. 19 should be considered as totally separate Regulations. For example, the wholesalers mark-up established in Regulation No. 19 does not apply to Regulation No. 19A. Average estimated weights established in Regulation No. 19 for distances are not strictly applicable but these weights may be used for purpos.es of comparison when calculating addition for long hauls.
Maximum Prioe Regulation No. 26
DOUGLAS FIR AND OTHER WEST COAST .LUMBER
Applicability
General. The Regulation applies to all sellers of Douglas fir or other West Coast lumber produced in the geographical area covered where the shipment originates at the mill rather than at a distribution yard regardless of the quantity sold.
Mills consecutively subject to Regulation.* It is quite possible for two mills to be consecutively subject to the Regulation. TKus, where the first mill processes logs into rough lumber and the second processes the same rough lumber into finished lumber, both are subject to the Regulation. Similarly, when one company operates both a sawmill and a pl»ning mill, sales out of both mills are subject to the Regulation, an 1 on any lumber which goes through both mills, the f.o.b. mill price means f.o.b. the second mill.
Pool-car shipments. See page 15 s6.
Quantity limitation. The Regulation is applicable to all sales where the. shipment originates at the mill, regardless of the quantity shipped and whether the sale is at retail or otherwise. The quantity limitation in the definition of retail sales (carload lots or sales of less than 18,000 feet) is not a limitation on the applicability of the Regulation, but is merely one of the limitations in the definition of retail sales for which the $3.50 retail premium may be charged.
Douglas fir flitches. Direct-mill sales of Douglas fir flitches are covered by the Regulation and must be priced by application under Section 12.
Price Determination
General. The Regulation establishes maximum prices in dollars-and-cents, f.o.b. the mill.
Retail sales mark-up. A mark-up not in excess of $3.50 per 1000 ft. board measure is per-
15:9(a)
mitted by the Schedule for direct-mill retail sales. A sale cannot be so classified unless the order involves less than a carload quantity or where shipment is by water or truck, less than 18,000 feet board measure, and satisfies all the other requirements of the definition. An order for a larger quantity will not constitute a "retail sale" even though delivery is made or an invoice is prepared which attempts to so indicate. The $3.50 mark-up does not include trucking expenses, which may be added to delivered prices in retail sales.
Delivered pricing. See page 15:12.
Random-length shipments. See page 15s6,
Combination grades. A grade may be quoted with specified percentages of better grades at a price which is the average of the separate grades weighted -by the respective percentages, provided that when'the lumber is shipped each grade is tallied on a board foot basis and invoiced separately at prices not exceeding the maximum prices for the respective grades.
The maximum price for lumber sold as No. 2 Common and better is the maximum price fixed for No. 2 Common lumber. Similarly, the maximum price for any other combination grade is the maximum price fixed for the lowest grade named in the canbination. But it is permissible to quote a grade with specified percentage of higher grades, provided that when the lumber is shipped, lumber of each grade is tallied on a board foot basis and invoiced separately at prices not in excess of ceiling prices for the respective grades.
Addition for pool cars. There is no addition for pool cars as such. If a pool car also qualifies as a mixed* car, the mixed car addition may be added. If however, a pool car does not qualify as a mixed car no addition to the regular schedule prices can be made.
Discounts, Under the Regulation, discount and credit terms prevailing on October 1, 1941, must be maintained by the seller. If however, the purchaser cannot or does not wish to avail himself of the discount by paying cash within the discount period, the seller may sell the lumber on a 30-day net or other basis. The option of paying cash within the discount period belongs to the purchaser.
Service charges. Charges for the following services may not be added to the maximum prices (except as specially provided for export sales):
(a)	Loading to prevent shifting in transit.
(b)	Bundling.
(c)	Marking.
(d)	Branding.	♦
(e)	Partial drying. No addition can be made for a reduction of the moisture content of green lumber, whether by air drying or kiln drying, if the moisture content or the lumber actually sold is above that prescribed by the W.C.L.A. Standard Grade Rules for dry lumber.
Charge for inspection. No charge for furnishing an inspection certificate of the West Coast Lumberman's Association may be added to the maximum prices.
Retail mark-up and pool-car shipment. See page 15:6.
Delivered pricing by use of estimated weights. A seller customarily quoted a delivered price and the purchaser paid the freight and deducted it from the total invoice billing, remitting the balance to the seller. This practice is a customary trade practice and may be continued by the seller whether he is a"mill" or wholesaler, even though estimated weights are used in such delivered sales.
Computation of transportation charges on actual cost or estimated weight basis. In selling on a delivered basis, lumber may be sold on the badis of actual transportation added to the f.o.b. mill ceiling, or on the basis of estimated weights. However, where a transaction is pending, the seller may not elect to determine the transportation charge according to which basis is the more favorable to him. Thus, where the seller quoted a price based upon estimat-
15:10
ed weights, he must carry the transaction through on that basis and if the actual weights turn out to be higher than the estimated weights, he merely suffers the usual risks present in all sales on an estimated weight basis. If the rule were otherwise, a seller would be permitted to make a quotation on the basis of the permitted estimated weights, and then ship and bill on actual weights simply because the lumber proves to be heavier than anticipated.
Mixed car and mixed truck shipments. See page 15:28.
Unlisted widths. Under footnote 4 to Table 16 the maximum price for even widths wider than those listed is determined by adding $1 for each additional inch or fraction thereof. Thus, the maximum price of a 14“ width railroad structural bridge material is the ceiling for the 12" width plus $2.00. The listed maximum price for 13 3/4" lumber may not be made the basis for pricing even widths.
Selling to Government for shipment on Government bill of lading. In case of a mill entitled under Section 7(g) to use the Portland rate for delivered sales to California, but selling to Government for shipment to California on Government bill of lading, maximum price payable f.o.b. mill is the ordinary ceiling price plus the difference between estimated weights times the Portland commercial rate and actual weight times actual (shipping point) commercial rate.
Transportation Charges
California mills. Where a shipment of lumber originates at a mill located in California, the transportation charges that may be added for sales on delivered basis must be determined in accordance with Section 7(g), even though shipment is made by a truck which is owned and controlled by the seller.
Buyer formerly in free delivery zone. See page 15:8.
Demurrage. See page 15:8.
Quotation where actual cost cannot be determined in advance. Where a seller must quote a delivered price and the exact amount of transportation charges cannot be determined in advance of shipment, the seller may bid on the ’basis of the maximum price plus maximum estimated transportation rates, if he will agree to, and does later, refund to the buyer any excess by which the estimated maximum transportation rate exceeds the actual transportation rate.
When "averaging-out" is permitted. The seller may "average-out” freight only as between shipments on a single order on which a single price was quoted or bid. Thus, if a wholesaler bids $33.00 on a hundred thousand feet of lumber, the maximum price being $30.00, and the estimated rate being one which will result in a $3 per M charge, he may ship half of it on a rate resulting in a $2 charge, and half on a rate resulting in a $4 charge. On his invoices, however, he must show that each shipment is part of a larger order, otherwise the $34*00 shipment would appear to be above the^bid price. He ¡should not show $33.00 on both invoices since this would be showing more than the maximum price plus actual freight in the case of the short haul shipment. At the completion of the transaction, he should render a final invoice, show-ing the prices of each item f.o.b. mill separately, the quantity of each item shipped from the mill, the exact amount of freight applying to each shipment and a reconciliation of the total amount so computed with the agreed delivered price and with the Schedule price.
The privilege of averaging out freight is limited to cases in which a single order is split between several sources. If in the above illustration the wholesaler had one order of 50,000 ft. of boards at $33.00 and one order of 50,000 ft. or dimension at $33.00, the maximum price on each being $30.00, and if he shipped his boards at a "$2.00 rate" and his dimension at a "$4.00 rate", he would have to absorb $1.00 of the freight on the longer haul. On the shorter haul, however, he would have to sell the boards at $32.00 regardless of the price bid. In other words, when the wholesaler has to ship an order at a higher rate than he had anticipated, he must absorb the difference; but if he happens to be able to place the order at a lower rate than he had anticipated, he still cannot sell the order at a price higher than the maximum price plus the actual transportation cost.
15:11
Incidential handling in delivery to purchaser. In sa|es of lumber on a delivered basis, the cost of transportation incurred by the seller after the lumber 'has left the mill may be added to the maximum f.o.b. mill price. Actual expenses incurred by the seller in making delivery to the purchaser are part of the cost of transportation, e. g., the cost of uni ending from a scow and reloading on trucks as well as any other necessary intermediate sorting or handling which is incidental to the Delivery.
Computation of transportation charges on actual cost or estimated weight basis. See page 15:10.
15:ll(a)
charged by the carrier is lehs than the estimated weights.
Addition for surfacing. See page 15:17.
Igugh ash_ specialty establishment. An ash establishment which is operated in conjunction with a sawmill is not a "tough ash specialty establishment" under the Regulation. Where the sawmill and ash establishment are under common ownership, the owner must demonstrate to the satisfaction of OPA (see Section 1382.112(b)(1)) that the ash establishment is operated separately from the mill and does not receive any lumber produced at the common owner’s mill before it may be classified as a "tough ash specialty establishment".
^Extras no£_orderedw. 1. No addition may be made for kiln-drying unless the purchaser specifies that the material is to be kiln-dried. The applicable addition is dependent on the moisture content specified by the purchaser and the material shipped must meet these specifications.
2.	An addition of fifty‘cents may-be made for anti-stain treatment provided that the treatment is actually applied.
3.	The five percent addition for inspection, grading and measurement after kiln-drying is not applicable unless this procedure is requested by the purchaser.
4.	The additions for "mixed cars" or small quantities may not be- made merely because the seller ships mixed grades at his own option and includes small quantities of each item. The Regulation specifically states that the additions may be made where the purchaser "...«♦ orders an item consisting of one species, thickness and grade	The additions are
not to be made under any other conditions.
Definitions
Tough ash specialty establishment. See page 15:16.
Maximum Price Regulation No, 109
AIRCRAFT LUMBER
Appli cability
—^ade* The Regulation does not apply to the sale of spruce lumber which does not meet the grade specifications of the lowest grade specified in the Regulation since grades lower than those named in the Regulation are not considered aircraft lumber.
machined to "exact tolerance". Lumber which is machined or remanufactured to the exact tolerance" required for Incorporation into aircraft is not aircraft lumber and therefore is not subject to the Regulation, see Section 1312.352(b). Stock is machined to exact tolerance" even if crosscutting remains to be done. However, if any other working is necessary before incorporation into aircraft, the stock is not machined to "exact tolerance."
Price Determination
Thin stock-weights and kiln-drying. Conversion of kiln-drying and inbound freight charges from board measure to surface measure should be made by applying the same percentages as used in the pricing table. This may be ascertained by reading the dollar price in Line 1, Table 1A, as percentage figures, i.e., Column 1, 52%pColumn 3, 63%; etc. Kiln-drying on Column 1 items would thus be 52% of $30.00, or $15.60, Column 2 items 57% or $17.00 etc. Air drying or inbound freight would be figured at similar percentages of board measure costs of such services.
15:16
Maximum Price Regulation No. 117
USED EGG CASES AND USED COMPONENT PARTS
Applicability
Sales by the Army. The Regulation applies to sales of used egg cases and used component parts by any agency of the Government including the Army.
Price Determination
Transportation Charges
Transportation charges for delivered prices. In determining maximum delivered prices, a charge may be added for the transportation of cases to the purchaser from the place from which continuous transportation to the purchaser originates. . Continuous transportation to the purchaser means that the cases do not come to rest in a warehouse or other resting place in the sense that the cases are placed in a general stock.
Labeling
Reconditioning of cases by person other than seller. Where a seller secures the services of a person to recondition cases for him, the labeling requirements are satisfied if the labels affixed by the reconditioner contain the name and address of the seller who is responsible for the reconditioning of the cases.
Violations and Evasions
Complete, unreconditioned egg cases. The Regulation applies to buyers as well as sellers of used egg cases. An egg case dealer who purchases complete unreconditioned egg cases need not examine each case to ascertain whether the cases are complete in accordance with the requirements of the Regulation. The dealer, if he is otherwise aqting in good faith and makes a reasonable examination of the lot, may rely on a statement by the seller to the effect that the cases are complete in accordance with the requirements of the Regulation.
Tying requirement. It is a violation of the Regulation, in the form of a tying requirement, if the purchaser is required to take a given amount of new eases in order to purchase used cases.
Maximum Price Regulation No. 146
APPALACHIAN HARDWOOD LUMBER
Price Determination
Addition for surfacing. The addition provided in the 'Regulation for surfacing may be added but once even if the lumber is put through the surfacing machine twice, unless the lumber is double surfaced at the written request of the purchaser and the seller separately invoices such charge.
Maximum Price Regulation No, 155
CENTRAL HARDWOOD LUMBER
Applicability
Direct mill - retail sale. See page 15:18.
15:17
Price Determination
Select red oak is a grade not specifically listed in Regulation No. 155. Therefore, the maximum price for direct-mill sales of select red oak must be speciflei«1ly authorized by OPA.
The maximum prices for distribution yard sales must be computed pursuant to Section 7 of Regulation No. 467.
Maximum Price Regulation No, 161
WEST COAST LOGS
Applicability
Spar logs. The sale of spar logs is subject to the Regulation.
Logs produced in Canada. While logs produced, purchased and delivered in Canada are not subject to the Regulation, the subsequent sale of such logs in the United States is subject to the Regulation.
Price Determination
Cost of furnishing boom gear. Boom gear must be furnished by the logger or purchaser in accordance with the particular custom in each district.
Towable waters - Snohomish River. The maximum price for deliveries in the Puget Sound district include deliveries at any point on 'the waters of the Snohomish River up to the city of Snohomish since these waters historically have been considered to be part of the Puget Sound waters for purpose of log deliveries.
15tl7(a)
Resale under alloc at ion- original sale made in Canada. Section 1981,157 provides that the maxijBian prioe on a resale of west coast logs under an allocation order of’the War Production Board shall consist of the maximum delivered price of the logs to the first buyer plus ether items specified in that Section, Where the original sale and delivery of the logs to the first buyer was made in Canada and therefore was net subject to Regulation No. 161, the maximum price on a resale in the United States is determined as follows: (1) the maximum delivered price to the first buyer is that established in the tables of Section 1381,154 at towable waters or in mill pond, whichever is the present location of the logs, (2) all additions in paragraph (b) of Section 1381.157 may bo made except inbound transportation, (3) the overtime addition in paragraph (c) may not be made, and (4) grading and scaling must be made in conformity with the Regulation and not Canadian rules.
Towing charges. The seller may not add towing charges to the maximum prices until after the logs boomed* rented &nd in condition to bo bowed to tho pwroh&sex*^
A 88118 ■tumpage to B at less than market prioe, with the understanding that the logs resulting therefrom are to be resold to A at the maximum prioe for the logs established by Regulation No. 161. This arrangement constitutes an evasion since B la in effect receiving a higher price for the logs than that established by the Regulation.
Additions and deductions to maximum prices. The maximum prices for West Coast logs listed in Section 1381.154 are the absolute maximum prices. Thus, in making the additions or deductions allowed by Section 1381.153, the resulting prices may not exceed those listed in the tables.
Maximum Prioe Regulation No. 164
RED CEDAR SHINGLES
Applicability
Unlisted items. The following items are not specifically listed in the Regulation, and there-fore maximum prices must be authorized for them pursuant to Section 1381.2: (a) Shingles subjected to staining or ether treatment or processing and (b) "Special Pak" shingles consisting of No. 2, 3 and 4 grades.
Direct-mill - retail sale. The Regulation applies to the retail sale of red cedar shingles by a mill or by a retail department of a mill. Sales by the retail department of a mill are not covered by Regulation No. 215, (Distribution Yard Sales of Softwood) since such establishment does not qualify as a "distribution yard" within the meaning of that regulation, because it does not regularly maintain varied stock of lumber from different regions, receive stooke mostly by rail shipaent, or meet other teste required by the definition of "distribution yard".
Records and Reports
Invoicing sales on a. delivered basis. Where shingles are sold on a delivered ba ci s, the in-volce must sei forth the f.o.b. mill price, the point of origin of the shipment, the destination and the applicable freight rate. If the estimated weights set forth in the Regulation are not used, the weight of the shingles must also be set forth in the invoice.
Maximum Price Regulation No. 186
WESTERN WOOD AGRICULTURAL CONTAINERS
Applicability
Army ration supply boxes. See page 15:19.	,
Manufacture of agricultural shook. The manufacturing of agricultural shook is a service; it is not covered by Regulation No. 186.
15:18
Price Determination
Octagon potato crate« The maximum price for Navy octagon potato crates set forth in Table 4 includes the cost of cutting corners since cut corners are standard with this type of crate«
Maximum Price Regulation No, 195
INDUSTRIAL WOODEN BOXES
Applicability
Cylindrical plywood containers« A container manufactured by rolling plywood into cylindrical fohm and stitching the seam and installing heads on top and bottom is an industrial wooden box under the regulation; it is not a cooperage product since it is not composed of staves«
Wooden wagon trays used by bread makers, for delivering their product to sellers are industrial wooden boxes under the Regulation«
Army ration supply boxes. The sale of any ration supply boxes is subject to this Regulation rather than Regulation No. 186 since these boxes are of different specifications than the Regular containers for canned goods and are used for general purposes and only incidentally as containers for canned goods«
Burial boxes - caskets. The sale of burial boxes is subject to Regulation No. 195; caskets are not subject to the Regulation.
Tobacco hogshead. A round tobacco hogshead ihich is composed of staves that do not have a bilge is' an "industrial woode: box* under the Regulation; it is not a cooperage product because the staves do not have a bilge«
Cigar boxes are "industrial wooden boxes" and therefore are covered by the Regulation«
Wooden reels« Reels made almost entirely of wood and used for winding wire and cable are covered by the Regulation«
Poultry boxes« Wooden poultry boxes used in shipping poultry are covered by the Regulation«
Produced lumber» The term "lumber" in Section 1377.154(b) includes veneer and plywood as well as sawn lumber«
Pallet stock» See page 15:1«
Price Determination
Increases in material costs» In determining the maximum prices under a method based on cost or the "lumber-cost method". Section 1377.153(a) and (b), increases in cost of materials other than lumber may be added in accordance with Sec. 1377.154, entitled "How to figure material costs*•
Cost of purchased lumber. In determining the manufacturer’s cost of purchased lumber under Section 1377»154(®)> lumber "under contract* must be considered along with the lumber actually in inventory. Lumber is *under contract* when it is ordered under a firm purchase commitment.
*Principal competitor* - geographical proximity. A lumber dealer who converted part of his equipment into the manufacture of wooden boxes wishes to determine the maximum prices for his boxes under Section 1377.153(c) entitled "competitor’s price method*. The only competitors in his particular* locality are well established and experienced box manufacturers» The "principal competitor* of the lumber dealer is not necessarily the competitive sellers nearest his establishment, where for instance, there is a lumber dealer in another locality, but within the same general part of the country, who also converted part of his equipment into the production of the same or Similar boxes and has an established price» Geographical proximity is not the
15119
sole test for determining "principal competitor".
Cost-plus contract. Sales of industrial wooden boxes may not be made under cost-plus contracts unless the cost plus contract price is equal to, or less than, the established maximum price.
15tl9(a)
F.o.b. mill maximum price.
Question: A mill received specific authorization pursuant to Section 7(d) of Regulation No. 19 to make an addition for truck hauls preceding rail shipment, and makes a sale under this Authorization to a distribution yard. May the distribution yard making a sale under Regulation No. 215 include the addition in computing its f.o.b.' 'mill cost before adding freight and other permissible additions?
Answer: No. The authorized additions for the truck haul preceding the rail shipment may not be included in 'computing the f.o.b. mill cost under Regulation No. 215.
Sales out of distribution yard stock. A storage yard which performs services incident to the handling of lumber and makes charges therefor on a footage basis without maintaining a stock of lumber does not meet the requirements of a distribution yard under Section 16. Therefore, sales of lumber from such a yard, whether by the operator of the yard or by any other person, are not distribution yard sales and the mark-ups provided for such sales are not applicable.
Finished flooring. Under the Regulation a distribution yard must compute its price on the basis of the end product sold if the end product is an item in a standard size of boards or dimension. Flooring is a standard item. Therefore, the maximum distribution yard price must be computed on the basis of the f.o.b. mill price for flooring. The fact that a purchaser may have ordered rough lumber and requested that the distribution yard remanufacture it into finished flooring is immaterial.
Addition of milling charges. The milling charges shown in the Regulation may be added by •the distribution yard if the service is required by the purchaser and if the end product is an item of non-standard size or is an item larger than boards or dimension. The milling additions may be made to the maximum price of the item from which the desired item can be most economically produced.
Milling-in-transit charges. Distribution yards may not pass on to its customers the cost of milling-in-transit even though the items are non-standard size or lager than boards or dimension.
Kiln-drying by distribution yards. Addition for kiln-drying is applicable only if the / distribution yard actually performs the service. Custom kiln-drying charges may not be added by yards having kiln-drying facilities.
Delivery by rail. Under Section 12(b)(s), the amount added for delivery by rail may not exceed the actual amount paid by the seller or the amount computed on the basis of estimated weight and actual rate paid by the seller. If the seller has a transit rail shipping agreement, the rate may not exceed his transit rate.
Transportation Charges
Inbound transportation charges- cost of transporting from railroad siding to yard. Appendix A provides that the maximum price for softwood lumber shall be the sum of certain specified items, one of which is inbound transportation charges to the distribution yard. Section 7. Where a distribution yard is not located at a railroad siding or dock, the expense of transporting the lumber from the siding or dock to the yard is not part of the inbound transportation charges and hence may not be added to The maximum price.
Additions for workings. See page 15:21.
Definitions
Sales to political subdivisions of State Government - public schools. Sales to public schools are within the definition of "wholesale type distribution yard sales'* as sales to agents or political subdivisions of State Governments, see Section 16(g)(2).
15:22
"Lower bracket" items. The phrase "No. 3 Common and lower" in the list of "lower bracket" items, èection 5(d), means No. 3 Common and lower in boards, and equivalent grades in other classes. For example. No. 1 dimension is equivalent to No. 3 boards.
No. 3 shop, No. 1 and 2 box and No. 1, 2, and 3 dimension in ponderosa pine are "lower bracket" items within the meaning of the Regulation.
No. 3 Common and lower California white fir under Western Pine Association rules is also in the "lower bracket" classification. No. 1 common white fir WCLA rules is the same as No. 3 common Western Pine Association rules and therefore is a "lower bracket" item.
Southern pine grades lower than No. 2 box. The term "grades lower than No. 2 box" in Southern yellow pine, which are reduced to a mark-up of $5 and 10 percent, includes No.
2 box, No. 4 common, and dunnage. It does not include No. 3 common boards and dimension.
Industrial user does not include home builders whether under individual contract or whether building for sale or rent. Classes of builders for determining "wholesale type sale" are specifically listed in the Regulation, see Section 16(g)(3).
Classification
Bridging lg and 2 feet long, cut to size, is a non-standard item under thé Regulation.
Wholesale and retail distribution yards. Total footage of softwood lumber and hardwood Mooring sold in 1Ô4Ü or 1941 determines yard classification.
Maximum Price Regulation No. 216
EASTERN PRIMARY FOREST IRODUCTS
Applicability
Used products. The Regulation does not cover the sale of used products; the General Maximum Price Regulation applies.
Price Determination
Sale on basis other than f.o.b., the cars at the railroad loading out point. The maximum prices in the Regulation are f.o.b. the cars at the railroad loading-dub point within the area of production. Where railroad ties are bought from a producer at the point of cutting and then hauled to a railroad siding in the purchaser's own truck, the maximum price must be reduced by an amount equal to the cost of trucking to the nearest available railroad loading-out point in the producer's area as well as by the deductions to be made for nonloading.
"Full time employee". A "full time employee" means an employee in addition to complying with the requisites of the definition serves one tie contractor or user exclusively, and does not engage in any other dealings in forest products for his own account or for the benefit of others.
Estimated weights. Where estimated weights are not provided for any product in the Tables of the Regulation, the maximum price of the product must be computed on the basis of actual weights.
Classification
All sizes over 6" x 7". The term "all sizes over 6" x 7" " as used in tables 3(c), 4(b) and 5(b) of Section 17, setting prioes for cross bars in certain zones, means ary size of cross bar which measures more than 42 square inches, thus a 5" x 8" piece (40 square inches) would take a price lower'than that for size "over 6" x 7", while a 5" x 9" (with 45" end
15:23
measurement) would take a higher price.
Maximum Price Regulation No. 219
NORTHEASTERN SOFTWOOD LUMBER
Price Determination
Surtax on prepaid freight may not be added to transportation charges applicable to Canadian shipments of lumber subject to the Regulation and Regulation No. 222.
Transportation charges - domestic lumber - private truck. When a mileage charge for pri-vate trucking or- a $3' flat charge for distance over 30 miles is used for round-edge white pine, the charge is to be added to the loaded-on-truck price. When comparable rail charge for distances over 30 miles is used, transportation addition may be added to the loaded-on-rail price.
Additions for "direct-mill retail sales" provided for in Section 4 of the Regulation cannot be made where the buyer makes the "pick-up at the mill". Section 3(c) is inapplicable to the sales under Section 4.
Graded lumber. Mills may not charge prices established for graded lumber based on buyer’s inspection.If the lumber is not properly inspected and graded by the mill prior to shipment, price may not exceed that for the lowest grade in the shipment or log-run price where applicable, i.e., white pine under Table 2 of the Regulation.
Maximum Prioe Regulation No. 222
NORTHERN SOFTWOOD LUMBER
Applicability
Balsam lumber. The Regulation covers all species of softwood lumber even though not specifically listed, see Section 3(b). Therefore, balsam lumber, a softwood specie, is covered by the Regulation and is priced pursuant to Section 18 by application to OPA.
Price Determination
Import duty on lumber from mills located (in Canada may not be added to maximum prices since the maximum prices for imported lumber.subject to the Regulation are f.o.b. the domestic points, Spokane, Washington and Baudette, Minnesota.
Surtax. See page 15:24.
Violations and Evasions
Invoicing under special trade name. It is not an evasion of the Regulation to invoice a standard grade of lumber under the purchaser’s special trade name for that grade provided that the standard grade name is also shown on the invoice.
Non-standard special items. Hard maple and soft elm lumber out to 5/8” thickness at the mill are ”non-standard special" items, for which maximum prices may be computed under Section 1382.165(c).
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Maximum Price Regulation No» 253
REDWOOD LUMBER AND MILLWORK
Price Determination
Delivery in Western area. Where the buyer of redwood lumber or millwork takes delivery in the Western area or the sale is f.o.b. the mill, the maximum prices for the Western area are applicable even though shipment is destined for the Eastern area.
Maximum Prioe Regulation No. 284
WESTERN PRIMARY FOREST PRODUCTS
Price Determination
Treating addition. On full length treatment with guaranteed ground-line penetration, price must be reduced 5% under footnote 2 since incising is made and included in the price in any case.
Transportation Charges
Loading out point.
Question: A purchaser buys Canadian poles at British Columbia booming and rafting grounds, ships them by water to Seattle and sells them f.o.b. Seattle. What ’’transportation addition”, if any, may he make to the f.o.b. Seattle price?
Answer« No transportation addition may be made since the poles are not sold for 'deTivery beyond Seattle. Seattle is the point of entry, and therefore is the original loading-out point within the meaning of Section 4. The maximum prioe is the "table” price listed for the applicable species and grades.
Maximum Price Regulation No. 290
SITKA SPRUCE LUMBER
Applicability
Spruce "flare stock", 3| x 3^ material cut to length and-not surfaced or further refined, is lumber" and priced under the Regulation. It is not a "prefabricated material".
Maximum Price Regulation No. 293
STOCK MILLWORK
Applicability
Storm sashes, storm doors, combination doors. The regulation applies to the sale of storm sashes'and storm doors at all levels and to the sale of combination doors at the manufacturing level. The sale of combination doors at the wholesale and retail levels is covered by Regulation No. 381.
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Special mill work.	The sale of special millwork manufactured by a distribution yard to
individual specifications are not covered by the Regulation; the General Maximum Price Regulation applies.
Price Determination
Jobbers’ increased costs. The increase which a jobber may add to his March 1942 price is limited to increases in carload direct-mill cost. For example, if since August 1, 1943, the jobber lost a price concession from a mill but the mill price to the jobber is still within the Regulation, the jobber may add the increased carload cost resulting from the loss of the concession. However, the jobber may not reflect any increased cost resulting from buying in less than carload quantities or buying through .ther distributors instead of buying directly from the mill.
Special discounts. A manufacturer who prior to the effective date of the Regulation gave special discounts in excess of those provided for in the Regulation is not required by Section 11 to continue to extend such Special discounts. The prohibition against changing discount practices refers to devices to get the effect of higher-than-ceiling prioes. No manufacturer is required to sell at less than the maximum prices f.o.b. mill full freight allowed which are established by the Regulation.
Maximum Price Regulation No. 320 EASTERN AND CENTRAL WOODEN AGRICULTURAL CONTAINERS Price Determination
Identity of seller. The maximum prices established by the Regulation do not depend on the identity of the seller but upon the type of sale made by the seller. Thus, the additions for a "warehouse sale” are applicable, regardless of whether the particular seller is a wholesaler, retailer, etc.
Basic maximum price. The basic maximum price referred to in the Regulation is the maximum price in effect in "the zone in which the producing factory is located", Section 1377.216(a). Therefore, where a manufacturer in Zone 1 sells completed, stamped baskets to a manufacturer in Zone 2 for resale, the basic maximum price to which inbound transportation charges may be added is the maximum price in effect in Zone 1 where the producing factory is located. Conversely, if a like shipment were made from a manufacturer in Zone 2 to a manufacturer in Zone 1, the basic maximum price is that in effect in Zone 2, the location of the producing factory. The same rule is applicable to markups on less than truckload quantities. The mark-up should be applied to the basic maximum price in effect at the producing factory.
Discounts. Section 1377.210(a) provides: "Any practice which is a device to get the effect of a higher-than-ceiling price without actually raising the dollar-and-cents price is as much a violation of this Regulation as an out-right over-ceiling price. This applies to devices making use of commissions . . trade understandings and the like". Section 1377.210(b)(1) further lists a specific prohibited practice: "getting the effect of a higher price by changing credit practices or cash discounts from what they were on October 1, 1941". It is, therefore, a violation of’the Regulation for a buyer systematically to forego the taking of a cash discount for payment* in 10 days, when it has been his practice in the past to take the discount unless he can show some special reason for changing his payment practice.
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Maximum Price Regulation No. 324
EASTERN FENCE POSTS
Applicability
White cedar fence posts over 14 ft. in length. The Regulation establishes specific prices for Northern white cedar fence posts up to 14 feet in length, see Section 4, Table 1. In accordance with the understanding of the trade, posts greater than 14 feet are not ’’posts’* but "poles’* which are not covered by Regulation No. 324.
Price Determination
Sales to consumers. The maximum prices for treated posts calculated under Section 7, apply only -ho sales by treating plants to buyers other than consumers. A retailer cannot ordinarily determine the maximum prices of treated posts under this Section. Therefore, the maximum prices for,treated yellow fence posts sold by retailers to consumers shall be determined by adding the allowable 25% markup under Section 3(b) to the cost of the treated posts, f.o.b. the retailer’s yard (including the transportation addition allowed by Section 5).
Inbound transportation. In computing the retail price under Section 3(c)(1), a seller may not use actual weights in figuring inbound transportation. The section specifically requires that estimated weights from Section 4 must be used.
Maximum Price Regulation No. 338
AIRCRAFT AND NO. 1 SHEET STOCK VENEER
Applicability
Aircraft propeller maple veneer. Dimension cut aircraft propeller maple veneer is not "aircraft «nd No- 1 «beet stock grade veneer" within the meaning of Section 2(a) and therefore is not covered by the Regulation.
Classification
Ponderosa pine. Since maximum prices for fence posts of Ponderosa Pine are not listed in Section 4 of the Regulation, such posts are classified as ^unlisted species".
Maximum Price Regulation No. 348
LOGS AND BOLTS
Applicability
Saw log slabs. The sale of round woods, including the upper parts of trees is covered by the Regulation. However, saw log slabs used by wood distr illation plants are not subject to price control since they are not covered by any specific regulation and are exempted from the coverage of the General Maximum Price Regulation by Section 2.10(e) of Revise.d Supplementary Regulation No. 1.
Chips, slabs and edgings. Chips, slabs and edgings are not covered by the Regulation since they are not logs or bolts; the General Maximum Price Regulation applies.
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Price Determination
Dollar-and-cents area pricing»
Question: Four or more buying plants petition for the establishment of dollar-and-cents prices by areas. Other plants wish to join in the petition but do not agree entirely with the petition. May these plants join in the petition?
Answer:	Yes. Such plants should limit or qualify their participation by indicat-
ing parts of the petition with which they do not agree.
Buying plant not in business during base period. A buying plant not in business during the base"period September and October 1942 must compute its maximum prices for logs and bolts under Section 3(c)(2).
Maximum Price Regulation No. 381
STOCK SCREEN GOODS
Applicability
Storm sashes, storm doors, combination doors. See page 15:25.
Discounts set forth in Seotion 3(b) of the Regulation apply to all patterns listed in Tables 1, 2 and 4 and patterns N and Q in Table 5.
Price Determination
Free delivery zone. Prior to and during March 1942, a company had an established list price for screen doors delivered to customer’s receiving point anywhere in Kansas or Oklahoma. The company's price list further provided that if a customer elected to call at its place of business in Wichita, Kansas, and pick up his order at the plant, the customer was allowed a five percent discount from the list price. The company contends that in view of this five percent discount for an f.o.b. warehouse sale, its customers who purchased on a delivered basis were actually paying five percent for suoh delivery service, and therefore it had no "free delivery zone" within the meaning of Section 4(a)(2).
Under these facts, the company established a free delivery zone for customers in the statea of Oklahoma and Kansas. The company’s price list shows that during the base period its delivered price to a customer in Wichita was the same as its delivered price to a customer in Oklahoma or any other town in Kansas. The fact that the company granted customers a five percent discount on‘ its list price if they took delivery at its warehouse is not controlling since free delivery service was available to any point within the two states, irrespective of actual transportation cost.
Maximum Price Regulation No. 402.
WESTERN RED CEDAR LUMBER
Price Determination
Mixed car and mixed truck shipments. Under Section 8, a mixed oar or mixed truck shipment must contain at least four different items of lumber. Where a mixed car containing both Douglas fir and Western red cedar lumber is shipped under a single order and a straight-car shipment of neither species can be made, the different classifications in each species may be counted as separate "items". Thus a oar composed of three fir and one cedar item may constitute a mixed car shipment within the meaning of the Regulation.
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Maximum Price Regulation No. 424.
TIGHT COOPERAGE STOCK AND SAWED TIGHT COOPERAGE
Applicability
New and used barrels. New barrels that fall within the definition in Section 3(b) are covered by the Regulation. Used tight barrels are covered by Maximum Price Regulation 524.
Maximum Price Regulation No. 432
NORTHERN HARDWOOD FLOORING
Price Determination
Additions for working. See page 15:21.
Maximum Price Regulation No. 458
OAK, PECAN AND MISCELIANEOUS HARDWOOD FLOORING
Price Determination
Additions for working. See page 15:21.
Maximum Price Regulation No. 491
PRESSURE PRESERVATIVE TREATMENT OF FOREST PRODUCTS AND PRESSURE TREATED FOREST PRODUCTS
Applicability
Fir piling produced and pressure treated in Canada. The Regulation does not apply to the sale of Douglas Fir Filing produced and pressure "treated in Canada. Since piling and other round primary forest products are not included in the exception of "lumber and wood shingles" in Section 1 of the Maximum Import- Regulation, the sale is covered by that Regulation.
Price Determination
Retail yard sales of pressure-treated poles. The Regulation covers sales of pressure-treated forest'products at all levels except yard sales of lumber (under Regulation No. 215) and fence posts (under Regulation No. 324). Retail yards selling pressure-treated poles must price under Section 18(b), depending upon species of the product. The General Maximum Price Regulation does not apply.
"Pole and piling distribution yards” not located at a treating plant or within production area of the species sold may request approval under Section 8 of an addition over the maximum prices in Section 18(b) or 19(b).
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Maximum Price Regulation No. 501
HARDWOOD SMALL DIMENSION
Applicability
Plywood built with core and veneer. Hardwood plywood built to thickness with hardwood core and veneer is not covered by the Regulation. The General Maximum Price Regulation applies.
Maximum Price Regulation No«513
YELLOW CYPRESS LUMBER
Definition
Green lumber as used in the Regulation, means lumber which requires further air seasoning before it is kiln-dried or used. In any case,- lumber which runs more than 15 percent over air-dried weights in the Regulation is presumed to be green.
15»29(a)
"Second-hand extra" is defined as any used attachment which is standard supplementary equipment furnished by the manufacturer at additional cost to his price of the machine tool. Extras should be sold separately and priced separately, and are subject to the same maximum price percentage that is applicable to the basic second-hand machine tool to which the extras are added. In general, the custom of the trade is to be followed in determining what is to be treated as an "extra."
Freight. The maximum price of the equipment new machine referred to in the appendix to the Regulation is the list price f.o.b. factory. Therefore, charges for freight paid by a dealer who sells a second-hand machine tool may not be added to the seller’s maximum price.
Delivery and finance charges. Outgoing delivery and finance charges may be made in addition to the maximum.price fixed' under the Regulation for the sale of second-hand No, 6 Warner and Swasey Turret Lathes, since the Regulation has been interpreted to set maximum prices f.o.b, the plant. The seller may add only such delivery charges as he actually incurred and those credit charges which he customarily imposed, and shall itemize and invoice them separately.
Machine tool unpainted pursuant to VfPB Limitation Order. Under Limitation Order L-108, a manufacturer of milling machines is restricted from painting metal equipment except as stated in the Order. A' person receiving a machine at this time with the finish as specified in the Limitation Order may pay the same price for this machine as he would have paid for the same machine with the better finish before the Limitation Order.
Loading charges. Where a second-hand machine tool is sold "as is, where is" at the maximum price for the machine, the cost of loading must be paid by the seller and may not be added to the maximum price of the machine tool. Pursuant to trade custom, used machine tools are sold f.o.b. the seller’s place of business, and hence the maximum prices under the Regulation include all dismantling and loading charges. If the purchaser elects to dismantle and load the machine tool, the selling price plus the cost of dismantling and loading may not exceed the maximum price established by the Regulation.
Lease of entire business. See page 16:22(a).
Reinstallation charges. The installation charges provided for by Section 6(c) are for services normally performed by the lessee. Reinstallation of a machine in the plant of the lessor is not such a service and therefore expense for such service must be borne by the lessor.
Sale of undivided interest.
Question: Two persons own 3 machine tools in common. One sells his undivided one-half interest to the other. How is the maximum price determined?
Answer: Since the property is subject to price control, a sale of an undivided interest in the property is likewise covered? The maximum price of a. half of a machine tool is determined by dividing the maximum price of the whole machine tool by two. Similarly, the maximum price of any other fractional undivided interest would bear to the maximum price of the entire item the same proportion that the fractional interest itself bears to the entire item.
Commissions
Professional commissions. The price paid for a used machine tool, including all ordinary selling and buying commissions, may not exceed the maximum price established by.the Regulation. The purchaser may not pay a commission to a broker in addition to the maximum price for such machine tool as established by the Regulation.. However, if the broker’s services were not ordinary, but of a professional (engineering) nature, a charge in addition to the maximum price may be made provided that the charge is bona fide and no part of such charge is paid to the seller.
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Finders» fees. No fee or commission may be paid for locating machines if the fee plus the cost of the machine exceeds the maximum price of the Regulation.
Classification
Age of machine. If the seller is unable to establish the correct age of a machine, it is necessary to classify such machines in Class li as being manufactured prior to January 1, 1920. In case the manufacturer .of the machine is no longer in business, this information can usually be obtained from the company which has taken over its lines of business. If no such company exists, it will be necessary to establish the age of the machine by other means. If the seller cannot establish the age of the machine it will be presumed for reclassification purposes that the machine was built prior to January 1, 1920.
Violations and Evasions
Sale of machine at higher than maximum price where total price of all machines sold in same transaction does not exceed aggregate maximum price. The sale of a second-hand machine tool at a price in excess of the maximum price is a violation of the Regulation even though the total price for that machine and other machines sold in the same transaction does not exceed the aggregate maximum price for all of the machines.
Auctions - sale by winning bidder of his right to buy. The winning bidder at an auction, bid the maximum price for a second-hand machine tool and sold his right to buy the machine to A. This is a violation of the Regulation by both the bidder and A. A has violated the Regulation since he paid a total consideration in excess of the maximum price for the machine, and the bidder has violated the Regulation since the total consideration he received on the sale of the machine to A (including the assumption by A of the bid price) was in excess of the maximum price.
Definitions
"Second-hand extra.” See page 16:3.
Repossessed machine is a second-hand machine tool within the meaning of the Regulation, since it has previously been used.
Records and Reports
Charges for information. The imposition of a charge for furnishing information deters the filing of reports required by the Regulation. It would not appear to be unreasonable for the manufacturer to absorb the nominal clerical cost of answering requests for such information. "While OPA is opposed to the imposition of any charge made by manufacturers to dealers and others for furnishing information necessary for reporting, a regularly established policy of making a nominal charge for furnishing information concerning old machines is not objectionable. Accurate information on old machines may permit a classification of the machine which is beneficial to the seller who requests the information.
Content of reports. The name of the purchaser is essential. It permits the tracing of a particular machine from seller to buyer and is a check on the purchaser’s inventory filed with OPA, and provides a ready verification of the report filed by the seller.
If certain information is lacking at the time a report should be filed, it should nevertheless be filed and labeled "incomplete." "When the missing data is obtained, a completed report should be filed with the notation "completed" written on it.
Photographs of machines are needed in the coordination of defense activities to assist in determining whether the machine meets the requirements of a prospective purchaser.
Extras should be listed separately on the report form ana itemized in the same order as set forth in the invoice.
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Leased machine tools. Lhere second-hand machine tools were leased prior to March 15, 194'1, such tools were not "in stock” on that date within the meaning of Section 1301.9(b)(2), and therefore, during the period of the lease, it was not necessary to file the inventory reports required by that section. However, upon the termination of the lease, the machines covered thereby are "added to stock" within the meaning of Section 1301.9(b)(2), and it is necessary to file the inventory reports required by that section.
Lump sum sales. See page 16:2.
16:4 (a)
Price Schedule No. 67
NEW MACHINE TOOIS
Applicability
General. The Schedule is applicable to every person buying or selling new machine tools and extras after January 20, 1942, except to deliveries made after the Schedule went into effect on contracts entered into by the Army, Navy, Defense Plant Corporation, Procurement Division of the Treasury, or any other agency of the United States prior to the effective date of the Schedule. The fAct that only manufacturers and dealers are required to file reports does not mean that the Schedule applies only to manufacturers and dealers.
Deliveries pursuant to letter of intent, A letter of intent issued by a governmental agency does not constitute a contract within the meaning of the Schedule. Thus, deliveries of machine tools made pursuant to a letter of intent issued by a governmental agency before the effective date of the Schedule are not exempt from the operation of the Schedule, which exempts deliveries made under contracts with governmental agencies entered into prior to the effective date of the Schedule.
Navy Department facilities contracts and Defense Plant Corporation lease agreements. See page 16:15.'"'------- ~
Agents of manufacturers of new machine tools are covered by the Schedule.
Sub-contractors who manufacture complete machines are manufacturers under the Schedule, but a person who machines certain castings for manufacturers and doew not make the castings, merely working on the castings on an hourly basis, is not a manufacturer under the Schedule,
Reconditioners, A person who reconditions or repairs machine tools is not covered by the Schedule, provided that he does not buy or sell the machine tool on which he works,
British Purchasing Coimission. The Schedule applies to sales to the British Purchasing Commission.
Brake shoe grinders. The Schedule is applicable to the sale of new pedestal type brake shoe grinders used for repairing airplane brake shoes. The grinders are regarded as machine tools by the trade.
Die-casting machinery is not subject to the Schedule because it is not a machine for cutting, abrading, shaping and forming of metals.
Plastic moulding machinery is not subject to the Schedule because it is not a machine for cutting, abrading, shaping and forming of metals.
Endless steel file of the band variety is not a machine tool and therefore is not subject to •the Schedule; it is regarded in the trade as a replaceable part or accessory; it is sold separately and under separate listing by machine tool people and persons engaged solely in supplying such parts and accessories.
"Extra". See page 16:6
Price Determination
Adjustment clauses. Paragraph (c) of Section 1301.51 permits adjustment clauses in contracts on deliveries actually made more than 9 months after the date of execution of the contract if the clause expressly 11nits payments to the maximum price established by OPA on the date of delivery. Prices may also be adjusted up to, but not in excess of
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the maximum prices of the Schedule. For instance, where the contract containing an adjustment clause is entered into after October 1, 1941 (the base date in the Schedule) and the price fixed by the contract, without adjustment, is below the October 1, 1941 prioe, the parties may renegotiate the contract to specify a price equivalent to the price of such machinery on October 1, 1941« The specified contract price may be increased by any provision in the contract for price adjustment to the price on October 1, 1941, if the adjustment provision would have been automatically applicable had delivery been made prior to October 1, 1941. If the adjustment provision provides only for an increase at the discretion of the seller, with or without the right of the buyer to cancel the contract, the seller may also require an increase in the contract price up to the maximum price. If the price fixed in the contract without adjustment is above the maximum price of the Schedule, the price adjustment clause is invalidated, and the contract price must be reduced to the maximum price of the Schedule*
Under the Schedule, prioe adjustment clauses in a contract must be limited to deliveries made more than 9 months after the date of execution of the contract* The 9 months are to b& calculated from the date the contract of sale is executed, and not from the date the order for the machine is placed unless the placement of the order constitutes a contract for sale without the seller’s express acceptance*
"Last price" at which such new machine tool or extra was sold* Section 1301.51(a)(2) provides that if there was no list price in effect on October 1, 1941, the maximum price shall be the "last price" at which such new machine tool or extra was sold from January 1, 1941 to October 1, 1941. The term "last price" refers to the prioe of the pricing method designated in the contract of sale last entered into between January 1, 1941 and October 1, 1941 for the sale of the particular machine tool or extra being priced*
Definitions
"Extra", as defined in Section 1301.58(i), is equipment which has three components: (a) designed for use on or with a machine tool, (b) standard as to a particular tool or line of tools, and (c) furnished by the manufacturer of the machine tool at extra cost* If the equipment is manufactured by someone other than the manufacturer of the machine tool, it does not meet these requirements and is subject to Regulation No. 136 (Machines and Parts, and Machinery Services)*
"Last price." See page 16:6, "Last price" at which such new machine tool or extra was sold*
Records and Reports
General. While all persons buying or selling new machine tools and extras after January 20, 1942 are subject to the Schedule, only manufacturers and dealers are required to keep records or to file reports*
Replacement of motors* Where complete motors are replaced, the cost of the new motor and bhe allowance made on the old motor must be set forth separately in the sellers' records and in the invoice given the buyer*
Re-wiring charges are extras, and the records kept and the reports filed must show such charges separately*
Prioe Schedule No* 82
WIRE, CABLE AND CABLE ACCESSORIES
Applioability
Electrotrim* Since the Schedule is applicable to the sale of all copper wire used for
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conducting electricity, "electrotrim," which is basically a copper wire used for conducting electricity, is covered by the Schedule.
Coaxial cable. See page 16:18.
Battery cable. The sale of molded battery cables is covered by the Schedule; Regulation No. 111? (Mechanical Rubber Goods) is not applicable.
Compounding of synthetic rubber. The service of compounding synthetic rubber for a manufacturer of wire who has supplied certain chemicals used in the process is not a service governed by Section 1349.1(c)(2). The subparagraph applies to the processes involved in the assembly or component parts and not to processing of materials used in the assembly.
Ironing cord. The sale of an ironing cord at the manufacturers’, distributors’ and wholesalers' levels is covered by the Regulation. Its sale at the retailers' level (except by the manufacturer thereof) is subject to the General Maximum Price Regulation.
Price Determination
Used wire and cable. In determining maximum prices for used wire and cables, if a seller sold used wire and	cable on	October	15,	1941,	he should apply to his sales the average percentage margin over his net	invoice	and	cost,	see Section 1349.20(c); if the seller did not
sell used wire and	cable on	October	15,	1941,	he must report to OPA his proposed price, which
may be disapproved	by OPA within 30	days after receipt of the report, see Section 1349.20(d).
Sales and excise taxes. Where the manufacturer did not include sales and excise taxes in his price sheet in effect on October 15, 1941, he may add the amount of the taxes actually paid, but the manufacturer mav not add to his maximum price any excise or sales taxes on products used in his manufacturing operations.
Records and Reports
Sales and excise taxes. Where sales and excise taxes may properly be added to the maximum price by the seller, they must be set forth separately in the invoice.
Price Schedule No. 85
NEW PASSENGER AUTOMOBILES
Applicability
Used 1942 cars. The Schedule is applicable to the sale of all 1942 model a”*omobiles, whether new or used, including repossessed automobiles. »
Sales to Army. Sales of 1942 model passenger automobiles to the Army are covered by the Schedule.
Acquisition of title to car pursuant to option under a rental agreement. A person rented a 1942 model automobile under a rental agreement, and after using it forsome time acquired title to the automobile pursuant to an option under the rental agreement. The acquisition of title pursuant to the option was a sale subject to the Schedule.
Ambulances. The sale of an ambulance is not covered by the Schedule; the General Maximum Price Regulation applies.
Maintenance - cooling system. In localities having war climates where antifreeze is never used or necessary, a rust—inhibiting solution, even though not antifreeze, need not be drained from the cooling system, see Item 13, Section 1360.62(b).
Used 1942 model year jeeps. 1942 model year jeeps would be subject to Schedule No. 85 if
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list prices, f.o.b. factory, for sales at retail of such vehicles were included in Appendix A of that Schedule, or it were possible to obtain a price for a sale at wholesale under Section 1360.51. No prices for jeeps are listed in Appendix A, nor is it possible to obtain a'price at wholesale under Section 1360.51. These vehicles, therefore are under the General Maximum Price Regulation which exempts used passenger automobiles from price control. Therefore, jeeps of all model years are not subject to price control.
Price Determination
Extra equipment. Where new passenger automobiles are sold with extra equipment and the equipment is list ed in-the invoice or bill of sale, the allowance of 5% permitted by Section 1360.52(d) and the allowance of 1% permitted by Section 1360.52(e) are based on the list price for automobiles with standard equipment as of October 15, 1941, see Appendix A; such allowances may not be based on a figure higher than the list price, whether or not the automobile has extra equipment.' .
Two-color paint job. The cost of a ,special two color paint job for passenger automobiles may be added to the maximum price. Pursuant to Section 1360.52c, the cost of such additional extra or nonstandard ’’equipment” must be separately listed on the invoice given the buyer.
Maintenance operations - storage allowance - cars in display rooms. Cars which are kept in sales rooms by dealers who are using sales room space forstorage purposes are "in storage," and are subject to the maintenance provisions of Section 1360.62, and the stbrage allowance of Section 1360.51(c) and Section 1360.52(e).
Maintenance operations - turning engine over. Where cars are stored with gasoline completely drained or where dealers are not permitted to start the engines indoors, the maintenance operation required under Item 6(b) of Section 1360.62, may be complied with by turning the engine over while the spark plugs are removed with (1) the starter, or (2) revolving the rear wheel with the car in gear. The latter may be done by a portable electric motor or manually, but if turned manually the wheel must be turned a sufficient, number of times so that the interior surfaces of the crankcase will be thoroughly covered with rust-inhibitor.
Allowance for carrying period. The allowance permitted by Section 1360.52(e), "for each calendar month, or greater part thereof, within the period from February 1, 1942 up to and including, whichever is earlier, April 30, 1944 or the date of the delivery of the automobile to the purchaser," may not be added for any period after title to the automobile has passed to the purchaser, even though physical possession of the automobile remains with the seller. Where a contract permits the purchaser to inspect the automobile and accept or reject it, the allowance does not stop with the making of the contract. If, as is usually, the case, title does not pass until delivery and acceptance, and the risk of loss is until then on the seller, the allowance continues until the date of the delivery and acceptance.
Transportation allowance. An automobile manufacturer’s zone freight charge does not determine the maximum transportation allowance which may be added to the retail price, since Section 1360.52(c) provided that the allowance "shall not exceed the actual rail freight charge at carload rate, by the most direct route," etc. Thus, a Los Angeles dealer who pays a manufacturer’s zone freight charge of $132.75, may charge $141.75 although he actually pays only $132.75, since the actual rail freight charge at carload rate by the most direct route from Detroit to Los Angeles is $141.75. However, an Arizona dealer who is required to pay a manufacturer’s zone freight charge of $132.75, while the actual of published rail freight charge from Detroit to his place of business is less than that amount, may not include an allowance of $132.75 in the computation of his maximm retail price, but only the actual or published rail freight charge at carload rate by the most direct route from Detroit to his place of business in Arizona.
Freight allowance. No amount may be charged under paragraph (c) of Section 1360.52 for moving an automobile from a warehouse to the dealer’s floor. Such expense is included
16s8
in the handling charge allowed under paragraph (d) of Section 1360.52.
Maintenance operations - sales between dealers. A dealer purchased a new automobile in December 1942 from another dealer. The automobile received, while in storage from October 31, 1942 until the date of delivery to the purchasing dealer, all the maintenance operations set forth in Appendix B of the Schedule. The selling dealer may add the alowance provided for in Section 1360.52(e), and the purchasing dealer may on resale of the automobile add these allowances to the maximum price, plus the allowance for maintenance operations which he has performed since December 1942. The allowance is based
16:8(a)
upon maintenance operations .which "the automobile shall have received” rather than the
operations which the seller has performed.
Advertising costs. Advertising costs incurred by a retailer may not be added to the maximum prices of new automobiles.
Termination of increment. Under Section 1360.52(e), an increment is permitted for the period "from February 1, 1942, up to and including, whichever is earlier, April 30, 1944, or the date of the delivery of the automobile to the purchaser”. ”Date of the delivery” is synonymous with the date of sale. Date of sale is the date on which title passes.
.	Taxes
Federal excise taxes. The retailer’s allowance for "Federal excise taxes,” Section 1360.52 (b), is 7% of the list price of the automobile set forth in Appendix A; tire tax, extra overhead charge, or other cost factors may not be included in determining this allowance.
Maximum Price Regulation No, 133
RETAIL PRICES FOR FARM EQUIPMENT
Applicability
Retail sales. The Regulation is applicable to all retail sales of farm equipment, including retail sales made by manufacturers. Other sales of farm equipment by manufacturers are covered by Regulation No. 246 (Manufacturers’ and Wholesale Prices for Farm Equipment).
Manufacturers who sell to users. Section 1361.9(a)(2), which defines "retail dealer” as any person engaged in the business of selling farm equipment to users, does not exclude manufacturers who'sell to users. Hence, if a manufacturer has issued a suggested list price, this determines the maximum price for its company stores as well as for dealers,
*Farm equipment”. In determining whether or not certain equipment is "farm equipment" subject to the Regulation, reference should be made to the general use of the equipment as sold by the entire industry and not the use by the particular purchaser. Thus, if a hammer mill is of a type designed for and usually sold for farm use, it is included in the term "farm equipment” as used in the Regulation, even though it may be sold to a feed manufacturer. Conversely, food machinery designed for and usually sold at retail for industrial use is not ■farm equipment,” and sales thereof are subject to Regulation No. 136 (Machines and Parts, and Machinery Services), even though the particular sale may be for agricultural purposes.
Hatchery equipment. The Regulation is applicable to retail sales of hatchery equipment; Regulation No, 246(Manufacturers' and Wholesale Prices for Farm Equipment) is applicable to sales by the manufacturer of such equipment.
Farm fencing, gates and poultry netting. The Regulation is applicable to the sale at retail of farm fencing, gates, poultry netting and barbed wire.
Cotton rope and tarpaulins. The Regulation is not applicable to cotton rope sold to a farmer at retail for use as plow lines, or to tarpaulins sold by a dealer to farmers for use in covering machinery, wagons and farm crops, since the general use of these items as sold by the entire industry ^is not for farm use.
"Back bands," which are cotton textile materials made in web form and used as part of the harness for horses and mules, are subject to the Regulation as "harness and saddlery," see Section 1361.9(a)(3)*
Sale by a farmer of a used farm tractor (except a crawler tractor)' to an implement company is subject to the maximum price established by the Regulation, Section 1361.3a(b), since this section applies to sales of the eight items listed in paragraph (a) thereof by any person other than the retail dealer.
16:9
Electric fence controllers. See page 16:28.
Tin dairy pails and milk cans. The Regulation applies to tin dairy pails and milk cans under the classification "dairy farm equipment," see Section 1361.9(a)(3).
Disinfecting duster, a hand spray used for spraying powder on garden produce, is not covered by the Regulation as "agricultural spraying equipment"; the General Maximum Price Regulation applies.
Power operated churns. A sale at retail of power operated churns is subject to the Regulation as "a sale of dairy farm equipment." If used in connection with creamery operations, power operated churns are considered dairy machinery covered by Regulation No. 136 (Machinery and Parts and Machinery Services), <	*
Resale by a farmer of new farm equipment and machinery purchased for use. New farm machinery or equipment which has been purchased for use but has never been used is new farm machinery or equipment. The resale of such machinery by a farmer is not covered by the Regulation, since the only sellers of new machinery and equipment subject to that Regulation are "retail dealers". Farmers are not "retail dealers" within the meaning of Section 1361.9(a)(2), and therefore sales of such machinery by farmers are covered by the General Maximum Price Regulation,
Galvanized pipe, A portable, galvanized sheet metal pipe manufactured with holes to be used as sprinkler pipe is a "farm equipment" within the Regulation, since it is used primarily in the production of agricultural products. The sale of this pipe at the retailer’s level is covered by Regulation No, 133, and at the manufacturer’s or wholesaler’s level by Regulation No. 246 (Manufacturer’s and Wholesale Prices for Farm Equipment)«
Hay baling wire. Retail sales of hay baling wire in quantities of 2500 pounds or less are covered by Regulation No. 133, Section 1361.9(a)(3),
Used woven-wire hog fencing. The sale of used woven-wire hog fencing by a%retail dealer is not covered by the Regulation since it is not a "complete item of used farm equipment" within the meaning of Section 1361.3a(a); the General Maximum Price Regulation applies.
Price Determination
Manufacturer's increased freight costs. See page 16:28,
Manufacturer’s suggested retail price - discounts. Section 1361.4 forbids changes in discounts only for items for which the manufacturer has no Suggested retail price. Discounts on sales of items for which the manufacturer has issued a suggested'retail price need not be continued,
/
Where a manufacturer has issued a suggested retail price together with recommendations for cash discount, the retail dealer need not adopt the suggested discounts. The trade does not consider such discounts to be part of the suggested retail price. Transportation costs, Section 1361.3(a)(2) permits the retailer dealer to add to the manufacturer*s suggested retail price f.o.b. factory, actual transportation costs "from the factory to the dealer". Where a retail dealer sells a machine which he purchased from a second retail dealer, only the actual transportation costs from the factory to the second dealer may be added; the transportation costs from the second dealer's establishment to the first dealer’s place of business may not be added.
Increase in transportation costs since April 1, 1942 is not an increased cost within the meaning of Section 1361.3(c)(¿)ii).
16:10
Violations and Evasions
Purchase in the course of business - purchase by a farmer. The Regulation provides that "no person in the course of trade or business shall buy or receive any farm equipment at a price higher than the maximum fixed by this Regulation," see Section 1361.1(a)(2). Farm equipment purchased by a farmer is a purchase "in the course of trade or business" since the farmer operates his farm as a commercial activity and purchases the equipment for use in carrying on that activity.
16:10(a)
Tying agreement. The refused, of a dealer to sell a spare part to a purchaser unless he also, buys another item or part constitutes a violation of the Regulation, Section 1361.4« However, an unconditional refusal to sell spare parts is not a violation or evasion*
Definitions
"Retail dealer." See page 16:9, Manufacturers who sell to users.
"Farm equipment." See page 16:9.
"In the course of business." See page 16:10(a), Purchase in the course of business - purchase by a farmer.
"Back bands." See page 16:9.
Records and Reports
Parts* While the Regulation requires the seller to keep a record of each individual sale of farm implement parts, when a group of parts is sold as an assembled unit it is not necessary to list each part separately.
Invoice. The itemized invoice required by Section 1361.5 must be funished in connection with every retail sale of farm equipment for $15 or more for which there is a suggested retail price, whether or not the particular sale is below the suggested retail price or below the maximum price established by the Regulation.
Filing of notices by auctioneer* Section 1361.6(d) requires an auctioneer of used farm equi-ment to send a notice six days before the sale to the nearest district office of the Office of Price Administration* Where an auctioneer resides in one OPA district and sells machinery located in another OPA district, the notice should be filed with the OPA district where the machinery to be sold is located*
Maximum Price Regulation No, 134
CONSTRUCTION AND ROAD MAINTENANCE EQUIPMENT RENTAL PRICES AND CHARGES FOR OPERATING AND MAINTENANCE OR REPAIR AND
REBUILDING SERVICES
Applicability
Lease made prior to effective date of Regulation* The Regulation applies to rental charges after the effective date of the Regulation, even though the lease was made and the equipment delivered before that date*
Maintenance services formerly subject to Regulation No, 136* Pursuant to Amendment No. 3, effective October 22, 1942, Regulation No. 134 is applicable to maximum charges for operating or maintenance services and services rendered on "fully operated" and similar service contracts on construction and road maintenance equipment; such services are no longer subject to Regulation No. 136 (Machines and Parts, and Machinery Services)* Therefore, the maximum charges for such services are established by Regulation No. 134» even though th?y are lower than the rates which were specifically approved under the then applicable provisions of Regulation No. 136*
Sale pursuant to rental contract* See page 16:15«
Rental of lighting plants* See page 16:19.
Pile driving equipment, hammers* The Regulation is applicable to hammers attached to pile driving equipment*
Jacks. See page 16:23*
"Integral* and "combination" trucks. See page 16:1*
16:11
Price Determination
Sale pursuant to rental contract» See page 16:15»
Contract price less than maximum price. The Regulation was extensively revised by Amendment No. 5/effective October 22, 1942, and the maximum rental prices were increased in some instances. Where equipment was rented prior to October 22, 1942, at contract prices equal to the maximum prices then in effect, and was on the job continuously until after that date, Amendment No. 3 does not permit the lessor to increase the contract price to the new maximum price, unless the lessee consents.
Change of rates in contract continuing through October 22, 1942» Where equipment was rented prior to October 22; 1942, the effective date of Amendment No»3, and worked, or was in possession of the lessee continuously until some time after that date, the maxi mum rental for the equipment is computed by treating the time elapsing before and w after October 22, 1942, as a single period of a week, or month, or a fraction thereof, and applying pro rata to that portion of the period elapsing prior to October 22, 1942, the pertinent rates for such period prior to Amendment No. 3, and applying pro rata to that portion of the period elapsing after October 22, 1942, the pertinent rates subsequent to Amendment No. 3»	■	. .
Hourly rental. The rental of construction and maintenance equipment on an hourly basis may be continued under the Regulation, so long as the rental charge does not exceed the maximum daily, weekly, or monthly rental charge established by the Regulation. The maxi mum rental price for equipment rented by the hour and used for less than eight hours in one day is the applicable daily rate under the Regulation.
Additional accessories for welding machine. The maximum rental rates for an equipped welding machine include on helmet, 60 feet of cable, and one electrode holder; charges for additional accessories except extra cable are subject to Regulation No. 136 (Machines and Parts, and Machinery Services). Where a lessee does not require all the accessories included in an equipped welding machine, the lessor may charge any rental rate which does not exceed the maximum rental for the equipped machine.
Standby equipment. Construction and road maintenance equipment which is merely standby equipment for emergency purposes is not in "actual use" for the entire daily period under the Regulation, and therefore a charge may only be made for "possession" rental, i.e., rental not exceeding 8 hours per day, 48 hours per week, or 240 hours per month. However, the actual use of jack hammers, pumps, and similar small equipment which are on the job and ready for use, but ordinarily used at irregular and intermittent periods and to which a specific operator is not assigned, shall be determined by job hours.
Centrifugal pumps. The rental established under the Regulation for centrifugal pumps operated by gasoline engines does not include the rental of the hose. A separate rental for the hose may be charged.
Transportation charges. Transportation charges which were customarily added, prior to the effective date of the Regulation, to the rental price of the equipment for the first month may continue to be charged. However, any new or additional transportation charge, put in effect after the effective date of the Regulation, is an evasion of the Regulation.'
Itental of truck crane - liability for maintenance and repair.
(1)	'Where a truck crane was rented on an hourly basis, in any period prior to October 22, 1942, (effective date of Amendment No. 3 which substantially revised the Regulation), the burden of all maintenance was specifically imposed upon tne lessor; the burden of all repair, including repair due to normal wear and tear as well as that due to other causes, was also upon the lessor.
16:12
(2)	Where a truck crane is rented on an hourly basis in any period on or after October 22, 1942, the burden of all maintenance and all repair continues to be upon the lessor, except as is set forth in (4) below.
(3)	Where a truck crane is rented on a daily, weekly or monthly basis in any
16:12(a)
prioe of the item, as a used mechanical refrigerator under Regulation No. 139 is only $22.
The transaction between S and T involves the sale of a used mechanical refrigerator. Therefore, the consideration for it may not,be in excess of the maximum price for the refrigerator under the Regulation, i.e. $22. The result would be the same if the transaction were framed as an assignment of P's right to pay the balance instead of as an assignment of S's right to recapture the refrigerator.
Maximum Price Regulation No. 1S8
RESALE OF WAR BICYCLES - DISTRIBUTORS AND DEALERS
Price Determination
Carrying charges. A dealer may add a carrying charge to the maximum price established by the Regulation, not in excess of his customary credit charges. The customary free time during which credit charges have not been made should be continued, and the receipt to the purchaser should specifically set forth any additional charge for the extension of credit.
Retail stores owned by wholesaler. A company sells war bicycles at both wholesale and retail. Its retail sales are made through company-owned retail stores; its wholesale establishments sell to company-owned stores and to independent affiliated retailers. The company-owned stores and the affiliated stores customarily sell at the same prices.
Maximum Brice Regulation No. 162 ,
CEILING PRICES FOR THE SALE AND RENTAL, OF USED TYPEWRITERS
Applicability
Front-feed typewriters. A used typewriter equipped with Elliott Stencil Cutting attachment is a front feed machine and therefore not covered by the Regulation; the General Maximum Price Regulation applies.
Price Determination
Sale in which two dealers participate. In the sale of typewriters to a consumer in which two dealers participate, the first dealer supplying the typewriters to a customer of the second dealer who assumes the guarantee to the customer, the customer cannot be required to pay more than the maximum retail prioe specified in the Regulation. The extent to which the dealers share the profit on the transaction is not controlled, since there is no sale as between the two dealers.
Monthly payment for three-month rental. The maximum price for the rental of used typewriters is established on the basis of the period for which the rental is made, regardless of the time of payment. Thus, where a company rented typewriters for a period of three months and payment was made on a monthly basis, the applicable rate is that for three months.
Maximum Price Regulation No. 263
NEW PHONOGRAPH RECORDS AND.RECORD SCRAP
Applicability
Sale of records listed in a former manufacturer's catalogue for 1940. A company is the owner of the right to use a former manufacturer’s name on phonograph records, from which a number of
4:9
new pressings arc to be made. The Manufacture of the records was discontinued in 1941, and the manufacturer disposed of all its stock of records by January 1, 1942. In March 1942 no sales were made by the former manufacturer or distributors of the records, but some sales were still being made by retail stores. The last catalogue for these records was printed in 1940. The regulation does not apply to sales by the company of the new pressings since the manufacturer’s 1940 catalogue is not the "manufacturer’s catalogue during March 1942”, or ’’manufacturer’s catalogue in effect during March 1942"; the General Maximum Price Regulation,applies
Imported phonograph records. The resale of imported phonograph records in this country is not covered by the Regulation; the General Maximum Price Regulation applies.
Price Determination
Mail order house- postage. Where a dealer sells new phonograph records on a retail mail order basis, he, may require the customer to pay the postage in addition to the maximum price of the records provided that the amount of the postage is separately stated.
Discounts "generally in effect” during base period. The Regulation requires manufacturers and distributor's to maintain discounts "generally in effect” during March 1942 to a purchaser of the same class, Section 1392.54(a). The use of the term ”generally in effect” in this section permits a manufacturer or distributor to discontinue temporary or special discounts granted to a few favored purchasers and to allow such purchasers to pay a price which is as high as that generally paid by purchasers of the same class.
Violations and Evasions
Scrap records required to be turned in. It is not a violation of the Regulation in selling new phonograph records to require bhat scrap records be turned in, even though no such requirement was made during March 1942, provided that the required allowance is made for the scrap records, see Section 1392^51(b).
Maximum Price Regulation No. 294
USED HOUSEHOLD VACUUM CLEANERS AND ATTACHMENTS FOR USED HOUSEHOLD VACUUM CLEANERS
Applicability
Repossessed vacuum cleaner. Where a purchaser of a new household vacuum cleaner is unable to complete payments on bhe cleaner which he has used in his home, and the seller repossesses the cleaner for the purpose of reselling it, the cleaner is subject to Regulation No. 294 as a ’’used household vacuum cleaner” under Section 1370.79(a)(7).
Sale not ”in the course of trade or business”. A person who sells a used vacuum cleaner is subject to the Regulation whether or not the sale is made in the course of trade or business. The phrase ”in the course of trade or business” as used in Section 1370.71 refers only to purchasers of used vacuum cleaners.
Price Determination
Charge for additional work in rebuilding a used vacuum cleaner. A company performed the 14 requirements for a "rebuilt" vacuum cleaner and also' performed a buffing, polishing, finishing and painting job. An additional charge for this work may not be added to the maximum price. The 14 items listed in the Regulation are the minimum requirements for rebuilding a used vacuum cleaner.
Violations and Evasions
Purchaser required to trade in used cleaner-trade in allowance. See page 4:7
4:10
Maximum Prioe Regulation No. 320
EASTERN AND CENTRAL WOODEN AGRICULTURAL CONTAINERS
Applicability
Coverage of "cash and carry baskets". See page 26:3«
Maximum Prioe Regulation No. 429
CERTAIN USED CONSUMER DURABLE GOODS
Applicability
Factory rebuilt musical instruments. The sale of factory rebuilt musical instruments other than pianos Is covered by the Regulation, see Section l(i).
Used musical instruments. Used radios and used radio-phonograph combination sets are not used "musical instrument's" within the meaning of Section l(i), and therefore are not covered by the Regulation; the General Maximum Rrioe Regulation applies.
Exempt sale - wholesale sale. The sale of a used frozen food cabinet is covered by Section 1(b) of khe Regulation. Where the sale is made to a person who is engaged in the business of renting such cabinets it is not exempt as a wholesale sale within the meaning of Seotion 4a(4), since a purchase for the purpose of rental is not a purchase for the purpose of "reselling*.
Maximum Price Regulation No. 476
LUGGAGE
Applicability
Luggage items excepted from WPB Limitation Order L-284. Every sale of leather or non-leather luggage, whether of newly purchased items or of shock' "already on dealers* shelves, is subject to the Regulation, except small leather goods, such as billfolds, key containers, cardoases, and the like. While the War Production Board*s Limitation Order L-284 doea except from its control certain very low-priced articles of luggage, sales of all such items are still covered by the OPA Regulation.
Miscellaneous. Items such as duffle bags fall within the definition of luggage contained in Section 1. Suoh articles as laundry cases, toilet kits, brief cases, ring binders, small utility kits, and oases designed for carrying cosmetics, are not included within the purview of the definition.
Maximum Price Regulation No. 516
USED PHOTOGRAPHIC EQUIPMENT
Price Determination
"Price of a new article" - federal excise tax. In determining ceiling prices for items of used photographic equipment under Section 5, the term "price of a new article" refers to the retailer's selling prioe inclusive of the federal excise tax which was in effect in March 1942.
4 til
COTTON AND SYNTHETIC TEXTILE PRODUCTS
Price Schedule No» 7
COMBED COTTON YARNS AND THE PROCESSING
THEREOF
Applicability
General» The Schedule is applicable to (a) the seller and the purchaser of combed yarn, except where specifically excluded, and (b) the service of mercerising, bleaching, and/or gassing of combed yarn.
Intercompany sales. The Schedule applies to intercorporate sales, i.e,, sales between the various affiliates and subsidiaries of a corporation»
Dyed yarn is not subject to the Schedule.
Gassed plied yarn is subject to the Schedule even though unmercerized and unbleached.
Gassed single yarn is not subject to the Schedule.
Price Determination
General. The Schedule establishes maximum prices in dollars-and-cents. The maximum prices for sales by producers include freight up to one cent per pound to the purchaser's place of business, and the maximum prices for sales of stock yarn are f.o.b. the seller’s shipping point. "Stock yarn" is defined in footnote 1 of Section 1307.12(b) (l)(ii).
Purchase by war procurement agencies. The maximum prices for imported combed yarns listed in Section 1307.12, Table I, Column B, apply not only where the purchase is made by war procurement agencies, but also by any purchaser who has been designated by a war procurement agency as its agent for making the particular purchase. Agency designations may be used by the Anny and Navy even though they are the consumer of a product made from the yarn, rather than of ths yarn itself, as for example, where the army buys cloth from a weaver who in turn has to buy yarn from a spinner. OPA has also ruled that agency designation can be used to procure yarn for officers uniform cloth, even though the Government does not buy the cloth or the uniforms; also, that a thread converter can use agenoy designation to replenish his stock where he makes a sale of thread out of stock to a uniform manufacturer.
Premiums
Premium for "base-grade yarn." The description of "base-grade yarn" does not cover yarns which are put up to meet guaranteed dimensions. A premium may, therefore, be charged in the amount of the actual additional cost of a put-up, of guaranteed size required by a purchaser, regardless of the size of the oone or tube used.
Premium for-combed yarn. The 6% premium for combed yarn sold to a manufacturer or converter of thread for use solely in the manufacture of thread, Section 1307.12(d) (4)(vii)(c), is applicable if the seller receives a writtens tatement from the buyer that the yarn is to be used solely in the manufacture of thread. Thus, the premium may be charged even though such buyer does not manufacture the thread himself, but buys the yarn for purposes of resale to a manufacturer, provided the second buyer also certifies that the yarn is to be used solely in the manufacture of thread.
5:1
Seconds and shorts. The Schedule covers all sales of rayon grey goods irrespective of quality. Hence, the sale of seconds and shorts of rayon grey goods is subject to the Schedule.
Broker. A broker may not sell or offer to sell a construction of rayon grey goods at a higher price than the maximum price provided in the Schedule, whether or not he has title to the goods, and whether he acts on behalf of a disclosed, or undisclosed principal.
Price Determination
General. The Schedule established maximum prices in dollars-and-oents, f.o.b. seller’s mill.
Unlisted constructions. Maximum prices for constructions not specifically listed must be in line with the maximum price for the nearest related listed construction set forth in the Schedule.
Burling and sewing. A purchaser of grey goods, in a state requiring burling and sewing (inspecting and finishing worsted fabrics prior to delivery in the grey state), may add his cost of burling and sewing, even though the fabrics were purchased as first quality material. However, his selling price for the grey goods, plus the oost of burling and sewing may not exceed the maximum prices for goods upon which these operations have been performed. *
Discounts. The grade or source, of yarns to be used in manufacturing rayon oloth has not been specified in the Schedule for the reason that one manufacturer may make a very acceptable oloth with inferior yarn, properly warped and woven, whereas another mill, using first quality yarn may make a less desirable quality, due to poor workmanship. Therefore, where yarns, through processing by the manufacturer, are made serviceable for the production of a standard first quality cloth, the goods are not substandard and no discount need be made.
Violations and Evasions
Barter or exchange. In a barter or exchange of specifio lots of grey goods for other-fabrics, the barter must be on the basis of the ratio between the maximum prices of the goods involved. An exchange of goods upon "premium values" over and above the maximum prices, assigned to the goods by the persons making the exchange, is not based upon such a ratio and hence violates the Schedule.
Records and Reports
Reports by commission weavers. Section 1337.6 requires all manufacturers to make reports. Since commission weavers actually manufacture goods, they are also covered by the section and their reports should bear a notation that they are commission weavers.
Fiscal month basis. The Office of Prioe Administration has permitted the filing of reports on basis of a fiscal month, in order not to interfere with the accounting or record-keeping system of the manufacturer of rayon grey goods. However, such a report must show the exact period of time covered by the report.
Maximum Price Regulation No. 33
CARDED COTTON YARNS AND THE PROCESSING THEREOF
Applicability
Dyed yarn is not covered by the Regulation.
5:4
Sale for use as wrapping twine or for resale for ultimate use. The sale of the yarn by persons, other than producers, for use as wrapping twine, or for resale for ultimate use as wrapping twine, is not covered«
Hemp twine« The sale of hemp twine or hop twine made of hemp is exempt from the Regulation.
Sewing hag twine. The sale of sewing bag twine is subject to the Regulation.
Price Determination
Commissions
Broker's commission« The maximum prices include all commissions, therefore no broker's commission may be collected from the purchaser in addition to the maximum prices«
Premiums
Premium for chain or ball warps« A mercerizer who purchases cotton yarns put-up on chain or ball warps and who after processing the yarn delivers it on cones may charge his purchaser the 1# premium for chain or ball warps set forth in Section 1307.67(c)(5)« Section 1307.69 provides that the maximum price for processed carded cotton yarn shall be the established celling for the grey yarn adjusted in accordance with the premiums provided In Section 1307.69 plus the appropriate premium for processing« Although the yarn Is not delivered to the ultimate purchaser In chain or ball warps the mercerizer must have it in that form for mercerizing and no allowance for the extra cost of that put-up is included in the mercerizing premium Itself«
Violations and Evasions
Open price clause. It is a violation of the Regulation to sell or offer to sell carded cotton yarns for future delivery at the maximum price in effect at the time of delivery«
Price Schedule No, 35
CARDED GREY AND COLORED-YARN COTTON GOODS
Applicability
General« The Schedule Is applicable to sales and purchases of carded grey and»colored-yarn cotton goods of the types and specifications listed In Appendix A, Sales by wholesalers, jobbers, or retailers In the performance of a recognized distributive function are not covered« However, sales to converters or finishers and sales by manufacturers or an agent of the manufacturers, or an agent of the manufacturer are subject to the Schedule«
Sales to the U.S, Government or to a Government contractor are subject to the Schedule«
Sale at wholesale level« See page 5:11*
Pound goods« See page 5x10«
Jobber to jobber sale. See page 5»9«
Jobber's recognized distributive functions« See page 5x2.
Jobbers, wholesalers - not recognized distributive function« The following have been held not to be jobbers "In the performance of a recognized distributive function" within the meaning of that term In Section 1316.51s
(1)	Sales by a department store of grey cloth to a bag manufacturer. (If the grey cloth Is not normally sold by the department store in the ordinary course of its business, the sale
is subject to Regulation No* 204*)
(2)	A manufacturer of buffing and polishing wheels who occasionally sold cotton sheeting in the full bale to dispose of excess inventory, and sometimes to make profit.
(3)	Sales by one wholesaler or jobber to another wholesaler or jobber are, presumptively, not sales in the performance of a recognized distributive function,
5t5(a)
Enameled cloths and artificial leathers. The Regulation is not applicable to the sale of enameled cloths and artificial leathers, even though such materials are occasionally used for furniture coverings.
"Monks cloth" is a woven decorative fabric under the Regulation and therefore covered by it.
Linens and fabrics made from glass fibers. Woven decorative fabrics of linen or glass fiber, predominantly sold for the purposes listed in Section 1400.161(a), are within the coverage of the Regulation. It is the intent of the Regulation to regulate the maximum prices on seles of all woven decorative fabrics and the definition does not limit such coverage to fabrics composed of the fibers listed therein. The fibers listed are illustrative rather than restrictive. If this was not the case the words "such as" would be unnecessary. Stress is to be placed on the predominant use of the fabrics in question.
Price Schedule No, 89
BED LINENS
Applicability t
Same person jobber and manufacturer. A jobber who is otherwise exempt by the Schedule, but is also a manufacturer subject to the Schedule must not sell at prices in excess of the established maximum prices.
Sale at wholesale level. See page 5:11«
Sales in performance of a recognized distributive function. The following sales are usually in the performance of a recognized distributive function: Sales by a prime jobber to an institutional jobber; and institutional jobber to an institution; and by an importer to another wholesaler.
Jobber's recognized distributive function. See page 5:2.
Jobbers, wholesalers - not recognized distributive functions. See page 5:2.
Jobber to jobber sale. See page 5:9*
Grey sheeting. See page 5:10.
Pound goods. See page 5:10.
Price Determination
Pound goods or remnants. See page 5:6.
Service charges for stamping. A reasonable charge, over and above the maximum price, may be made foi the service of stamping sheets with indelible ink in accordance with the purchaser's specifications. The invoice for the goods should set forth separately, the price of the sheets and the charge for stamping.
Premiums
Premiums for hemstitching* The premium for hemstitching may be charged in addition to the maximum prices established in the Schedule. Tt is not an addition to the base prices stated in Table II of the Schedule, and therefore is not subject to the discounts provided in Table III.
Labeling
General. All bed linens must be labeled as specified in the Schedule.
Responsibility for -labeling. The obligation to affix labels is imposed on the manufacturer not the retailer. In so far as OPA is concerned, however, the manufacturer's responsibility for the accuracy of the statements made on the label extends only to the statements required by the Schedule*
5:8
Description of particular type. A statement of the warp and fill thread count on labels does not constitute a sufficient compliance with the labeling requirements of the Schedule. The particular type of bed linens, set forth in the Schedule, must be stated.
Labeling "second selection." The requirements of the Schedule concerning labeling of seconds are not met by the use of the term “second selection." Bed linens which are seconds should be labeled "second."
Use of stamp. The labeling requirements set forth in Section 1316.104, are , satisfied whereat he required information is stamped on each piece in the lot, provided that such marking is readily observable and is at least as durable as a label.
Maximum Price Regulation No. 118
COTTON PRODUCTS
Applicability	*
Import*- The Regulation expressly exempts the importation of cotton products, or their resale in this country. The exemption also applies to the sale in this country of goods finished from imported grey goods.
Note: If the goods are finished in this country in a manner which brings them under "regulation No. 127 (Finished Piece Goods), they are covered by that Regulation.
Sale at wholesale level. See page 5 s 11
Products customarily fabricated by vertical organizations. see page 5s 12
"Vertical concern." In this Regulation the term "vertical concern" means a person who, both, weaves the grey goods and sells the finished goods; it does not include an integrated converter who does not weave the goods, even though he may both finish and market them himself.
Sales in performance of a recognized distributive function. The sale of an excess stock of grey goods by a converter is not a sale in the performance of a - recognized distributive function. Such sales are subject to Regulation No. 204 (Idle or Frozen Materials Sold Under Priorities Regulation No. 13).
Jobber to jobber sale. A sale by one jobber to another jobber is, generally, subject to the Regulation, sinoe such a sale is, presumptively, not in the performance of a recognized distributive function. A jobber to jobber sale may be in the performance of a recognized distributive function, where the buying jobber is not a competitor of the selling jobber in the same line of goods, and if the buying jobber has, in the normal course of his business, previously bought goods from jobbers of the same class as the seller.
Sale by jobber to converter. The sale of cotton goods by a jobber to a converter, or finisher"'4s 'subject to the Regulation, whether or not the goods are to be used for consumption in the finishing plant or in the processing of cotton fabrics.
Sale to converter. The sale to a converter of a product subject to the Regulation is coverecT by the Regulation, even though the converter uses the product to manufacture a commodity spedifioally exempted from the Regulation.
5:9
Pound goods (remnants) of fabrics subject to the Regulation are also subject thereto. The Regulation is also applicable to pound goods of fabrics which in the full piece are subject to Price Schedule No. 35 and Price Schedule No, 89.
Grey goods exempt by another Regulation. See page 5:11.
Grey sheeting. The sale of grey sheeting, 42 inches or wider, predominantly used in the manufacture of products other than ’’domestics” is subject to Regulation No. 198 and not Regulation No. 89, or Regulation No. 157. Grey sheeting under 42 inches, predominantly used in the manufacture of products other than "domestics”, is subject to Schedule No. 35.
Waistbands, waistband canvas. See page 5:13.
Cotton interliners made from laundry padding cut and stitched to fit between innertube and tire casings are not subject to the Regulation; the General Maximum Price Regulation applies.
Carded cotton sateen. The sale of carded filling sateens in the grey is specifically covered by the Regulation. Finished, carded cotton sateen is covered by Regulation 127.
Yarn-dyed carded cotton dress goods, cotton webbing, etc. The following are covered by the Regulation: yarn-dyed carded cotton dress goods, duck for tarpaulin (wagon cover duck) and if six inches or more in width, cotton webbing and webbing straps.
Piece-dyed cottonades which are woven in a woolen or worsted mill are not covered by Regulation No. 118; such products are covered by Regulation No. 127 if they otherwise meet the definition of "finished piece goods".
Sale to industrial user. See page 18:16.
Seconds and shorts. If discounts for seconds and shorts are not specified for a particular fabric, a seller must continue to allow the same discounts from firsts as he allowed in the base period.
Filter cloth. See page 5:14»
Price Determination %	■ .1 .1
Adjustment for cotton content. Where the maximum price for a cotton product is determined by a base period price plus 5 cents per pound of cotton content, the 5-cent adjustment may be increased by the cost of the terms of purchase, e.g,, where the terms are 3% 10 days, the 5-cent adjustment may be increased by dividing it by .97, thereby increasing the adjustment to .0515. However the additional 2^-0 adjustment which is granted to bedspread manufacturers by Section 1400.118(d)(22) may not be increased by use of any division factor.
Pound goods or remnants. See page 5:6.
Enameling duck less than 38” wide. Section 1400.118(d)(8)(viii) set forth tho maximum prices for enameling duck more than 38” wide. Enameling duck, less than 38” wide is priced in accordance with Section 1400.101(b)(1)(H).
Sale of gem duck by wholesaler and jobber. The maximum prices provided in Section 1400. 118(d)(8)(iii}(e) for sales of gem ducks by wholesalers and jobbers are gross prices, and are subject to the discount and credit terms set forth in Section 1400.118(d)(8)(iii)(a).
Anticipation allowance. The seller is required to continue credit terms at least as favorable to the buyer as his base period credit terms, including the customary anticipation allowances where the purchaser is willing to anticipate payment, since Section 1400.108(b)(3) provides that: ”no seller shall discontinue or alter to the prejudice of a purchaser any discount or service granted or rendered to purchasers of the same general class during the base period”.
5:10
Remnants. Osnaburg remnants (less than 10 yards in length), accumulated by a bl eache ry from goods that are used to wrap bales of finished goods, are priced under Section 1400.101(f).
Definitions
"Vertical concern." See page 5:9
Records and Reports
Invoicing - adjustable pricing. «See page 5 s 17
Maximum Price Regulation No. 127
FINISHED PIECE GOODS
Applicability
Effective date - Worth Street Rules. The Regulation exempts from its operation the sale of goods, "if within the Verns of the Worth Street Rules, title to such« finished piece goods had passed to the purchaser prior to May 4, 1942," Whether or not title passed to the purchaser under the terms of the Worth Street Rules prior to May 4, 1942, is a question of private law, as to which OPA will not make a ruling, except under unusual circumstances.
The Regulation exempts from its operation the sale or delivery of finished piece goods, where title passed to the purchaser before May 4, 1942, within the terms of the Worth Street Rules, whether or not the particular contract of sale was made under those Rules.
Returned goods. The return of goods purchased on memorandum prior to the effective date of the Regulation pursuant to a right to return, is not a sale or delivery subject to the Regulation.
Imports. See pege 5:9	,
Exemption of fabrics covered by Regulation No. 118. Section 1400.78(c)(32) exempts "any fabric" covered by Regulation No. 116 (Cotton Products). Where the fabric is sold at wholesale in the finished state, and is covered by Regulation No. 118 because it is predominantly finished and marketed by the producer, the sale at wholesale is exempt from Regulation No. 127, but subject to the General Maximum Price Regulation. If, on the other hand, the fabric is subject to Regulation No. 118 only in the grey state and, when finished, comes within the definition of "finished piece goods," then the sale of such fabrics at wholesale is subject to Regulation No.' 127.
Grey goods exempt by another Regulation. The Regulation applies to the products described therein, even though the constituent parts of those products in the earlier stages of manufacture were subject to the General Maximum Price Regulation. Thus, piece goods which in the grey are exempt from Regulation No. 118 (Cotton Products) and therefore subject to the General Maximum Price Regulation, may be covered by Regulation No. 127 when they are sold as finished piece goods.
Sale at wholesale level. Fabrics covered at the producer level by Price Schedule No. 35 (Carded Grey and Colored-Yarn Cotton Goods), No. 89 (Bed Linens), and No. 118 (Cotton’Products) are subject to the General Maximum Price Regulation at the wholesale level (if sold in the performance of a recognized distributive function), except in specific cases where wholesalers’ prices are also established by these Schedules. In no case are such fabrics subject to g? ^ulation No. 127 at the wholesale level. Specifically, sales of the following fabrics at the wholesale level are subject to the General Maximum Price Regulation: woven awning stripes, cheesecloth, chambray,
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or by a "dressmakers’ supply house" is exempt, pursuant to Section 1400.78(h) and (i). The sale of finished piece goods to tailors, furriers and dressmakers by a jobber who fails to qualify as a "tailor trimming store" or as a "dressmakers" supply house, because his "principal business? is not done with any one of these classes of purchasers, is nevertheless within the exemption if his sales to the exempt classes constitutes his principal business. This jobber’s sales are subject to the General Maximum Price Regulation.
Exempt sales - sale of "better rayon fabrics" by converter. The word "predominantly" in Section 1400.78(1), exempting sales of "better rayon fabrics" by certain converters, refers to the dollar volume of business, not to "yardage" volume. Thus, a converter whose receipts from the sale of "better rayon fabrics" during the stated period exceeded 50% of his dollar volume of business during that period, qualifies for the exemption under this section.
Crinoline, a starched cloth predominantly finished and marketed by independent converters, is covered by the Regulation; "cheese bandages" and "cheese circles", commodities fabricated from Crinoline, are covered by the General Maximum Price Regulation.
Filter cloth yard goods are exempt from the Regulation by Section 1400.78(c)(17). Filter cloths which are of a type customarily finished, fabricated and marketed by weavers rather than independent converters should be priced under Regulation No, 118 unless sold by a jobber; other types would be subject to the General Maximum Price Regulation.
Swatches. The sale of swatches or sample pieces of cloth less than one foot square furnished to retailers is not covered by the Regulation since small pieces of this type are exempt under Section 1400.78(c)(35); the General Maximum Price Regulation applies.
Special limitations on use of entire finishing cost. Section 1400.82(e)(8) prescribes special limitations on the use of entire finishing costs in determining the converter's maximum price for printed fabrics. Section 1400.82(e)(8)(ii)(d) defines the "specified finishes" which are subject to these restrictions.
Question: Does the definition of "specified finishes" in inferior subdivision (d) cover multi-color roller printing which (1) is done on the same type of machine and copper rollers as are used by the so-called discharge printers except that the print job does not have to go through an ageing process; (2) is applied to both dyed piece goods and unfinished piece goods; (3) is applied to goods which are returned by the printer to the dyer to be finished; (4) is done by the use of emulsion such as aridye emulsion colors and not lacquer; and (5) in appearance is similar to a printed cloth converted by so-called discharge roller printers?
Answer:' No. Any type of printing which meets all the elements enumerated above is more akin to discharge roller printing than to the types of finishes expressly listed in inferior subdivision (d) and therefore is not covered by the definition.
"Finished piece goods" and "specified finishes". Free-hand painting on textile fabrics is a finish within the meaning "otherwise, finished" as that term is used in the definition of piece goods, and fabrics processed in that manner are subject to the Regulation. However, free-hand painting is not included in the "specified finishes" set forth in Section 1400.82 (e)(8)(ii)(d). Therefore, it is not subject to the special limitations prescribed in the Regulation on the use of entire finishing cost in determining the ceiling price of the fabric.
Price Determination
Jobbers who previously acted as converter-jobbers. The Regulation contains no quota restrictions upon persons who act solely as jobbers. However, if an order has been issued parmitting a converter-jobber to charge a jobber's markup on goods not converted by it, the order must be revoked before the person to whom it is applicable may act solely as jobber and charge the jobber's markup permitted in Section 1400,82(i)(l) This is the case since the order restricts the volume of goods upon which a jobber's markup may.be charged.
5113(a)
Table of division factors. In determining the maximum selling price of fabrics converted by free-hand painted brush work, the seller must use the division factor specified for "plain dye" and not the division factor specified for "printed fabrics".
Person controlled by a converter. There is no restriction on a converter’s right to charge a converter’s markup even though the sale is made to his subsidiary. On the resale of such goods by the subsidiary, however, the ceiling is the same as for the converter; the goods remain "converted" goods and do not become "jobbed" goods because the parent and the subsidiary together constitute a single converter-jobber as defined in Section 1400.81(a)(9)* If the sale is made by a person as a jobber to its subsidiary it presumably would not be a sale in the performance of a recognized distributive function since the goods presumably would not be advanced to the next stage of distribution. Therefore, the parent may not charge a jobber’s markup upon the resale of such goods to its subsidiary,
Converter-jobber subsidiary, A newly formed subsidiary of a person who has been granted permission to act as a converter-jobber is automatically extended permission to act as converter-jobber, However, in determining the amount of jobbing and converting done by the parent under the permission granted by an order under Section 1400.82(i)(3) the total converting and jobbing done by the parent and the subsidiary must be considered.
Export sales. The Maximum Export Price Regulation supersedes the provisions of Section 1400•82(i)(2)(iv}'• The effect of this ruling is that export merchants may charge a 7% premium in addition to the jobber markup applicable to a sale to the same class of purchaser in this country.
Wholesalers and jobbers, Where a retailer sells finished piece goods to another retailer, he must sell at actual cost plus transportation and cannot charge a jobber’s markup.
Example: Assume the following facts:
(1)	Retailer A purchased finished piece goods from a converter at the converter’s ceiling price of 60/ a yard and paid 1/ a yard incoming transportation,
(2)	Retailer A purchased finished piece goods from a jobber at the ceiling price of 75/ a yard and paid 1/ a yard incoming transportation,
(3)	Retailer A wishes to sell the goods to retailer B.
On the above facts:
(1)	The maximum price for retailer A sales to retailer B of the goods acquired from the converter is 61/ a yard;
(2)	The maximum price for retailer A sales to retailer B of goods acqiired from the jobber is 76/ a yard.
Where a retailer or any other Class II purchaser resells to a jobber of any other Class I purchaser, the maximum price for such a sale cannot exceed the original supplier’s maximum price for sales to a Class I purchaser, even though it is below the present seller's cost of acquisition.
Example: Assume the following facts:
A retailer purchased finished piece goods from a converter at the converter’s ceiling to a Class II purchaser of 60/ a yard. The converter’s ceiling to a Class I purchaser is 55/ a yard. The retailer wishes to sell the goods to a jobber.
On the above facts: The maximum price for retailers sales to a Class I purchaser is 55/ a yard.	,
Sale of goods purchased by subsidiary of a converter-jobber. On the resale of goods
5:13(b)
purchased from a converter of a converter-jobber by a person controlled by or under common control with the seller, the maximum price is the purchaser’s cost of acquisition and the converter’s (seller’s) ceiling price.
However, a subsidiary of a converter-jobber, who purchases finished piece goods converted by the parent organization, may apply for special permission to resell such goods at the parent’s maximum price irrespective of the cost of acquisition. This permission will be granted only in cases where the parent organization acted as a converter-jobber prior to 1942,
Manufacturer’s agent. A manufacturer’s agent who acts as selling agent for a mill or converter is deemed to be under the control of a converter, and therefore insofar as he also jobs goods, is a converter-jobber subject to the provisions of Section 1400.82 (i)(2)(v).
Retailer. A person whose business is predominantly that of a retailer is a "Class II purchaser", and the fact that he may incidentally manufacture some dresses does not make hirr a "cutter” or "manufacturer" within the meaning of Section 1400.81(a)(3).
Sale by producers. The restriction on sales of finished piece goods by producers in Section 1400.82(s) applies to all sales of finished piece goods by the producer, except as is otherwise provided in (2)(i) and (ii) of this Section,.whether or not the goods were woven in his own mill.
Sale of shoe-lining fabrics by converter-jobber. The maximum prices in Section 1400.82(p) apply to any person, including a converter-jobber, who sells shoe-lining fabrics to shoe manufacturers, and a petition for exception by a converter-jobber Section 1400.82(i)(3), need not be filed. However, Section 1400.82(i) applies to the sale of an unlisted shoe-lining fabric, or a listed one if sold to some one other than a shoe manufacturer, and in such cases a converter-jobber who wishes to charge a markup must petition for an exception pursuant to Section 1400.82(i)(3).
Evening fractional cent. Where the seller’s maximum price per yard figures at cents and a fraction, the seller may not bill the purchaser at the nearest higher fraction. Thus, where the seller’s maximum price figures .1298 cents, he may not bill for .13 cents; he may, of course, even out the figure by billing at a lower fraction, as, in the illustration given, by billing at .129 cents or .12 cents.
Jobber's actual cost. A mill agent, who also acts as a jobber, may not include his commissions as agent in computing his actual cost for purposes of determining his jobber’s maximum price.
Dividing jobber’s mark-up. In sales to Class II purchasers through two jobbers the 17% mark-up may not be divided in any ratio the jobbers desire, since the first jobber’s mark-up may not exceed 12%. A jobber, who buys from a converter, has a specific maximum price (12% mark-up) in sales to Class I purchasers, and a higher maximum price (17% markup) for sales to Class II purchasers. Because jobbers are
5:14
Class I purchasers, th© first jobber selling to a second jobber may take no greater mark-up than 12%, If the first jobber took the full 12% mark-up, then the second jobber could charge no mark-up whatever on a sale to a Class I purchaser, and he could charge a Class II purchaser no higher price than the first jobber might have charged the same purchaser.
Jobber’s mark-up - converter-jobber. A converter, who is also regularly engaged in performing in addition bo his converging business the function of a jobber, is a converter-jobber under Section 1400.81(a)(9), even though less than 1% of his sales are made as a jobber; he may not charge the jobber’s mark-up on sales of jobbed goods unless authorized under Section 1400.82(i)(3).
Salesmen’s commissions. A jobber who employes salesmen to sell finished piece goods must absorb the expenses of salesmen’s commissions.
Substandard goods. Section 1400.82(L)(1) setting forth specified discounts which must be granted on the sale of substandard goods; does not apply to goods which are substandard solely as a result of defects in the grey goods, or because they contain minor dye imperfections which are so slight that they do not warrant description as "dye house seconds."
Discounts. A jobber may not quote a gross price in excess of the maximum price established by the Regulation, even though the price paid after a discount is taken will result in a price, not in excess of the maximum price under the Regulation, since such a quotation would be an offer to sell at a price higher than the maximum price.
Distress sale of exported merchandise stopped in shipment. See page 5:6
Jobber’s "actual cost" - handling and packaging charges. The jobber’s "actual cost" for purposes of Section 1400.82(i)(1) consists of bhe invoice price, less discounts, plus actual transportation charges. No other costs, such as those for handling and packaging the goods, may be computed as items of "actual cost." However, he is now authorized to charge not more than per yard for special folding under circumstances set forth in Section 1400.82(1)(5).
Working allowance charge. The working allowance, which under Section 1400.82(d)(1) is determined by reference' to the working allowance specified in the finisher’s contract may not vary therefrom even though the working loss is actually more than the contract specification. Therefore, a contract which provides for a usual 3% working allowance, but also states that in case of excess shrinkage the working allowance would be automatically raised from 3% to 4% or 5%, does not give the finisher the right to increase his working allowance above 3%.
Charge for moireing and embossing. The restriction contained in Section 1400.82 (k) against charging for reprinting, redyeing, or overprinting subsequent to the original finishing operation, does not apply to finishing charges for moireing and embossing; such charges may be included as a part of the finishing cost.
Charge for putting up in bundles. An extra charge for putting up in bundles may not be' a deled to the maximum price since it is not authorized by either Section 1400.82 / (e)(6) dealing with special folding, or by Section 1400.82(f)(1) which restricts put-up charges to papers, boards, tubes and packing cases.
Charges for engraving and designing. A converter may not add his engraving and designing costs to the maximum price ofthe fabric, whether or not the designs are made up exclusively for a particular customer.
F.o.b. seller’s point of shipment. The term "f.o.b seller’s point of shipment," under the Regulation is to be construed in the light of the general custom prevailing throughout the finished piece goods industry. It has been the general practice
5*15
Maximum Price Regulation No. 478
COATED AND COMBINED FABRICS
Applicability
^tipM woven cotton fabric which is impregnated but not coated is not covered by the Regulation; the General Maximum Price Regulation applies.
Maximum Price Regulation No, 508
RAYON KNIT FABRICS AND THE KNITTING THEREOF
Applicability
£g£e~hand painted_raypn knit fabrics. The Regulation covers sales of converted rayon knit fabrics which are free-hand painted.
Price Determination
"Jobber". Under the Regulation the maximum price for resales of* rayon knit fabrics , r/J®? 544 ;^iC f°r outerwear covered by Table VI, by persons who did not job such fabrics in March 1942, must be a price authorized in writing by the Office of Price Administration, Washington, D. C. (Section 22(e)! The price authorized will depend on i?! A	as that term is defined in the Regulation (Section 7(a)).
The definition reads that a "jobber" is a person who resells the fabric in the "performance of a recognized distributive function". In normal times, rayon knit fabrics other than those priced under Table VI of the Regulation were in the main sold directly to cutters, retailers, and manufacturers. They have bqen jobbed in quantities only in the neriod subsequent to March 1942. Under these circumstances persons who started to job recently or 4?? wish bec0!ne jobbers of the fabric are performing no function other than the one which the producer has normally performed in the past. In other words, the operation of purchasing from a producer and selling to a cutter, manufacturer or retailer, does not, in view of former practice in this particular trade, constitute the performance of a "recognized distributive function«. Rather, since multiplication of middlemen is a natural consequence of scracity, this operation is to be regarded as one which pyramids markups with out promoting the supply or flow of merchandise. Accordingly, any maximum price authorized for jobbing sales by persons who did not job such fabrics in March 1942 cannot exceed the producer’s and converter’s maximum price.
Definitions
"Jobber*. See page 5:19(a).
5:19(a)
EXPORT-IMPORT
Maximum Export Price Regulation
Applicability
Commodities not under domestic price ceilings. The Export Regulation applies to the export price of only those commodities for which a maximum domestic price has been established by OPA. The export prices of commodities for which no domestic maximum prices are fixed by any specific Schedule or Regulation or the General Maximum Price Regulation are not regulated by the Export Regulation.
Free Trade Zone. A sale of material which is in a Free Trade Zone is not governed by the Regulation.
Resale of exported commodity in a territory or possession of the United States. The provisions of the Regulation governing resale of an exported commodity by a foreign agent or subsidiary of a domestic exporter apply when the commodity was originally exported to a foreign country and then resold by such agent or subsidiary to a person in a territory or possession of the United States.
Sale of foreign goods. The Regulation is not applicable to sales which take place in the United States of goods which never enter the United States but are routed in bond directly from the foreign source to a purchaser outside the United States; see Section 9(d).
Agent in the United States. The sale of goods located outside the United States is not an export sale even though the sale is made through an agent in the United States and despite the fact that the goods must be shipped through the United States; there is no sale of goods located in the United States.
Exporter under foreign control. The Regulation defines "export Sale" to include "any sale of the exported commodity by a corporation owned or controlled by the exporter within a period of two years after the date of shipment of the commodity from the Continental United States", Section 1375.8(a)(1). This provision is applicable even though the exporter is owned or controlled by foreign interests.
Sale of manufacturing and trade-mark rights. When an exporter sells the manufacturing rights and the use of a trade name along with some or all of the actual commodities that go into the finished products to be manufactured outside the United States, the export regulation covers only the sale of the commodities; the privilege of manufacturing and the right to use the trade name are not part of the commodity sold, and charges for such privileges must be separately invoiced.
Sales to exporters - delivering to an emergency port of exit. See page 17:1.
Price Determination
Sales of finished piece goods. An export sale by the subsidiary of finished piece goods con-verted by the parent or for his account is a sale by "an exporter who is the manufacturer or producer" thereof as defined in Section 11(a)(5).
"Manufacturer or producer". The term "manufacturer or producer" includes an exporter who has processed or otherwise substantially changed the commodity to be exported. Repackaging is not such a change.
A person may be the "manufacturer or producer" of some of the commodities he exports and an "exporter other than the manufacturer or producer" of other commodities. The exporter’s status is determined by reference to eaoh item he exports.
Resale by a foreign subsidiary. The maximum price at which a foreign subsidiary of a domestic
6:1
exporter may resell a commodity exported from the United States is the maximum price that the domestic exporter would be permitted to charge the foreign purchaser if the domestic exporter was selling directly to such purchaser. No additional premium may be added merely because the sale is by the subsidiary. However, if the subsidiary performs a necessary service or function such as warehousing or distributing, this service should be recognized in either a higher premium or in a larger allowance for expenses, depending on the kind of service involved.
Finance charges. Finance charges are not export expenses which may be added pursuant to ¿ection ISTOIb) of the Regulation; they are part of general overhead expenses. In figuring the export price, provision is made for overhead expenses by the addition of a premium to the base price, pursuant to Section 4(b) of the Regulation.
Packing charges. If the manufacturer’s domestic price includes packing charges, he may add as an export expense under Section 4(b) only the cost of export packing over and above the cost of domestic packing. This section does not permit the addition of the entire packing cost, since the manufacturer’s domestic price includes the cost of domestic packing.
Cost of acquisition - illegal price. A non-manufacturing exporter, in figuring his cost of acquisition, may not use a price which violated a domestic Regulation at the time he purchased the commodity. The provision, in the Regulation referring to ’’the price at which the commodity has acquired for’export” does not include an illegal price.
Base price. The provision in the regulation that the base price, in certain circumstances, may be the price at which the commodity was acquired for export, does not mean that the exporter must necessarily have intended to export at the time he acquired the commodity. He may use his cost of acquisition as his base in determining his maximum export price, whether or not he intended to export at the time he purchased the commodity.
Premiums
Credit charges. Where, during the base periods, the premium charged on the export of a commodity depended in part on differences in credit risks and in terms of payment, the exporter may now take those factors into consideration in figuring his premium.
Average premium. The "average premium” refers to the premium customary in the trade rather than any mathematical average of premiums charged by other exporters.
Addition of premium. The exporter may add to his base price the average premium charged in the export trade" whether or not he actually added such premium during the base periods. Likewise, the fact that several other exporters did not add a premium during the base periods does not prevent an exporter from now adding one, provided the failure to add a premium was not representative of the custom in the export trade on the particular type of sale involved. Conversely, the fact that a particular exporter added a premium in the base period does not entitle him to add a premium now if his practice was not representative of the trade practice.	'
No premium. Where the export price during either or both of base periods was less than the domestic price, the maximum export price is the domestic price plus export expenses. The export regulation does not require the exporter to sell at less than his domestic price.
Premium on imports to be exported. The average premium that may be added to the base price is not affected by ‘the.fact that the material to be exported was originally imported into the United States. Import expenses are part of the cost of acquisition, i.e., part of the base price.
Premium - service and installation charges. Service and installation charges are not export expenses^but are reflected in the average premium customarily charged during the base periods.
Manufacturer’s premium. The export premium which may be charged by manufacturers is the difference between the domestic and export prices for the same or similar commodities during the base periods, not including the export price any amount that may now be added as export expenses. However, the customary export premium charged by exporters other than
6:2
manufacturers or producers is the customary mark-up overx the cost of acquisition in the base period, again excluding any amount that may now be added as export expenses. The exporter who is not a manufacturer does not figure his premium on the same basts ss the exporter-manufacturer, because the base prices of the two types of exporters are not analogous. The manufacturer's base price (his domestic price) already includes a profit to him whereas the base price of the exporter other than a manufacturer (cost of acquisition) includes only his actual (or potential) outlay without necessarily including any profit.
Resale-by a foreign subsidiary. See page 6:1,
Finance charges. See page 6:2
Definitions,
Agent of the exporter. The resale abroad of goods exported from the United States is covered by the Regulation, if made within two years after the original export "by an agent of the Exporter", Section 1375.8(a)(1), A person acting as a distributor for the domestic exporter is such an agent where he takes orders for the exporter, attends to shipments and makes financial arrar ements. However, if he actually purchases, the material from the exporter and takes title thereto, he is no longer an agent but is an independent distributor and his resales are not governed by the Regulation, unless the agent is controlled by the exporter.
6:3
CEREALS, FEEDS AND AGRICULTURAL CHEMICALS
Prioe Schedule No. 73
FISH MEAL
Applio ab ility
Shrimp meal is not covered by the Schedule; the General Maximum Prioe Regulation applies
Price Determination
Commissions
Commission paid a distributor. A buyer can pay a distributor a commission only if the distributor takes title to Hie fish meal. If the distributor does not take title but is merely an agent of the producer, then the buyer cannot pay prioes higher than those specified in Section 1363.12 of the Regulation*
Maximum Prioe Regulation No. 74
ANIMAL PRODUCT.FEEDINGSTUFFS
Applioability
Whale scraps are meat scraps under Section 3, and therefore are subject to the Regulation. "
Maximum Prioe Regulation No. 135
MIXED FERTILIZER, SUPERPHOSPHATE AND POTASH
Applioab11ity
Collodial phosphate, composed of pure unmixed phosphate rook, is not subject to the Regulation.
Spray or dusting lime. See page 7:3.
Maximum Prioe Regulation No. 144
RETAIL PRICES OF AGRICULTURAL INSECTICIDES AND FUNGICIDES
Applioability
Blaok strap molasses.  these.
14:15
Records and Reports
Processed wool waste materials. Section 1410.71(b) requires that the invoice delivered to the buyer state the quantity of processed wool waste materials shipped and the price thereof, the aggregate quantity, and the aggregate price paid for the raw wool waste materials in the product, an itemization of each of the processing services performed, and the applicable processing margin. It is not necessary to list separately the quantity or price of each type of raw wool waste in the product, or to allocate the processing margin between the various processes,
14«15(a)
Maximum Price Regulation No. 163
WOOL AND WORSTED CIVILIAN APPAREL FABRICS	• x
Applicability
Imported fabrics. The sale of imported fabrics is not subject to the Regulation.
Military fabrics sold "for civilian use." The woolen or worsted apparel fabrics covered by the Regulation are fabrics "for civilian use." The phrase "for civilian use" has reference to the use for which the fabrics are made and not the use to which they are put* Therefore, the Regulation does not apply to sales of fabrics manufactured for military use even though sold to civilians.
Woolen fabrics. See page 1:4.
Fabrics for "civilian use." The sale of a fabric to garment manufacturers to be made into overseas caps for retail stores which will in turn sell them to soldiers is not the sale of a woolen or worsted apparel fabric for "civilian use." Since the fabric will be used in making a garment which will primarily be sold to men in the armed services, it is not a fabric for civilian use even though some sales will be made to civilians, such as legionnaires.
Sale of remnants by contractor. See page 14:20.
Under-collar cloth. Under-collar cloth is not a "woolen or worsted apparel fabric* within the definition of that term in Section 1410.115(a)(3) and, therefore, is not covered by the Regulation.
Woolen or worsted civilian fabric manufactured for use as shoe fabric. A woolen or worsted civilian fabric which is manufactured for use as a shoe fabric is not covered by the Regulation, even though it is ultimately used as apparel. If the fabric is manufactured for use as one of the types of apparel fabrics enumerated in Section 1410.115(a) (3*), and also as a shoe fabric, it is covered by the Regulation.
Imported fabrics. The definition of woolen and worsted apparel fabrics includes only •domestic" fabrics of the enumerated types. A fabric is a "domestic" one only if it is woven by a mill located within the United States. Therefore, woolen or worsted apparel fabrics imported from a foreign country in the grey are not "domestic" fabrics even though dyed and finished in this country, and are not covered by the Regulation; the Maximum Import Price Regulation applies.
Sales of fabrics by manufacturers of apparel - "special sales." Section 1410.103(e), setting forth maximum prices for sales of woolen or worsted apparel fabrics by manufacturers of apparel, applies to all such sales except those that qualify as "special sales" within the meaning of Regulation No. 204 (Special Sales of Industrial Materials). It should be noted, however, that most apparel manufacturers normally sell some piece goods in the ordinary and regular course of business and, therefore, must price the fabrics under Regulation No. 163.
Fabrics produced on the cotton or rayon systems. The Regulation does not apply to fabrics produced on the cotton or rayon systems of weaving, as distinguished from the woolen or worsted systems, even though such fabrics contain 25% or more of wool.
Price Determination
Open-price billing. A seller who applies for authority to determine a maximum price under Section 1410.119 may bill the fabrics at an open price or deliver the fabrics at a tentatively agreed price subject to adjustment to conform to the approved maximum price, if the maximum is lower than the tentatively agreed price. The seller may accept part payment of the tentative price or, if he wishes to avoid credit-risk, may have the buyer place the full tentative purchase price in escrow pending the determination of the maximum prices. However, the tentative price may not be used by "the purchaser to compute his resale price where that price is based on the cost of the fabrics.
14*13
Transfer of business. In March 1942, a new corporation acquired its factory site and machinery from the RFC» which had acquired them from a defunct corporation. In addition, the new corportation purchased the defunct corporation's raw stock, semifinished products, and other inventory, but acquired none of that corporation's accounts receivable, accounts payable, good will, customers, or other assets. The shareholders of the new corporation had no connection whatsoever with those of the defunct corporation. Since the new corporation is not the same as, nor the successor to, the defunct corporation the new corporation does not take over the base period prices of the defunct corporation formerly doing business on the same premises. If the new corporation was engaged in the business of manufacturing and selling fabrics during the base period, its maximum prioes are detemined by Section 1410.102, and if not then in business, Section 1410.119 applies.
Transfer of inventory to liquidating syndicate. A liquidating syndicate which acquires by an outright bona fide purchase the woolen fabrics inventory of a company discontinuing the manufacture of men's clothing may sell the fabrics at the maximum prices for jobbers, and the invoice prices to be used in applying the division factors are those of the original manufacturer of the fabric. If the liquidating syndicate is an agent of the manufacturer of men's clothing, the syndicate's maximum prices are the same as those of the principal.
Calendar and fiscal year. The base period 1941, as used in Section 1410.102(d) for determining the weighted average selling price and the weighted average manufacturing cost, refers to the calendar year 1941 and not the fiscal year 1941.
"Average" of manufacturer's net invoice prices. The "average" referred to in the last paragraph of Section 1410.103(a)(1) and (c), i.e., "the average of the manufacturer's net invoice prioes per yard of all the styles in the range,” is an unweighted average rather than a weighted average. This provision for averaging applies only to the case where a jobber has several different styles of the same fabric differing in cost due to the varying/Style features. It does not permit averaging the prioes at which quantities of the same style of the same fabric were purchased.
Manufacturer of apparel - interest charge. Under Section 1410.103(e)(1), in determining the maximum price for the sale of apparel fabric by a manufacturer of apparel, interest on the seller's investment in the fabric from the date of purchase to the date of sale may not be added to the maximum price.
Manufacturer of apparel fbr rental. A purchaser who buys yardage from a jobber, which he makes into articles of wearing apparel and uniforms to be rented out to the general public for use at masquerades, carnivals*, and such functions, is a manufacturer of costumes and a purchaser within categories (i), (ii), and (iii) of Section 1410.103(a) (1) and category (i) of Section 1410.103(c). Such a purchaser does not sell garments, nor are those he hires out made according to a person's individual measurements. Hence, he is not a custom or merchant tailor, or special order department of a manufacturer of apparel, or a retail establishment.
Sale by manufacturer and jobber of mill ends, seconds, remnants, etc. While the maximum price for fabrics In prime condition may be charged by the manufacturer for mill ends, seconds, remnants, etc., the jobber must purchase such goods at a price sufficiently below the maximum price to permit him to sell the goods at a profit, within the price limitations placed upon him by Section 1410.103(b).
Sale of pound goods. Mill ends, second, remnants, and other pound goods may be sold by the pound provided that each fabric sold in the lot does not exceed its applicable maximum prioe per yard. The seller and purchaser must devise a method of calculation which assures them that the charge on a poundage basis does not exceed the maximum price per yard permitted by the Regulation for each fabric. One method of calculation is for the manufacturer to detemine which of the fabrics contained in the lot has the lowest maximum price, when measured by the pound, and multiply the number of pounds in the entire mixed lot by this prioe.
34:19
Jobber's optional maximum prioe. Where the jobber is unable to determine the manufacturer's invoice price for a fabric, as in the case where the fabric was purchased some years ago, he may be able to use the optional method for determining his maximum prices pursuant to Section 1410.103(d). However, if the optional method is not applicable, he must apply for his maximum price under Section 1410.119.
Sale to merchant or cufstom tailor. The sale of fabrics to a custom shirt maker who manufactures and sells the shirts directly to consumers is not a sale to a retail store but a sale to a merchant or custom tailor, and the jobber selling to the custom shirt maker is entitled to the mark-up provided in Section 1410.103.
Sale by "tailor to the trade" to customer of a custom tailor. A sale of woolens by a "tailor to the trade" directly to a customer of a custom tailor, the customer taking the woolens to the custom tailor to have them made into a garment, is a retail sale subject to the General Maximum Price Regulation.
"Tailor to the trade." The maximum price for sales of fabrics by a tailor to the trade is determined by Section 1410.103(e).
Term discounts to jobbers - anticipation deductions. In determining the jobber's mark-up, the maximum term discount offered or allowed must be deducted from the manufacturer's selling prioe, even though it did not appear on the invoice and whether or not the purchaser has taken advantage of any terav discount offered. The most common term discount in the trade is 1% 10 days, net 60, and, therefore, the prioe to which the division factor is applied is customarily the selling prioe reduced by the 1% term discount. However, the customary practice of a seller in allowing the purchaser to pay in advance of the tenth day and receive a deduction for interest on such advance payment at the rate of 6% per annum is not considered a term discount for purposes of determining the J manufacturer's net invoice price.
"Manufacturer" of fabrics. Where a mill weaves a fabric out of yarns supplied by the seller of the fabric, the seller, rather than the mill, is the "manufacturer" of the fabric within the meaning of Section 1410.115(a)(2). The maximum prioe for the fabric is established under Section 1410.102, entitled Maximum prioes for woolen and worsted apparel fabrics sold by the manufacturer.
Sale of remnants by contractor. A contractor who retains and sells the remnant pieces of the woolen and worsted civilian apparel fabrics supplied by his principal must price the remnants in accordance with the provisions of Section 1410.119, which provides for the determination of a price by the seller after specific authorization from OPA.
Sales of odd lots of experimental fabrics. A seller may charge a single price for all fabrics in an odd lot composed of experimental fabrics, provided that the prioe does not exceed the maximum prioe applicable for the fabric in the lot which has the lowest maximum price. The price thus determined need not be reported on the forms enumerated in Section 1410.111, since sales of suoh odd lots constitute a salvage operation.
New woolen or worsted apparel fabrics. The term "woolen or worsted apparel fabrics" includes grey goods as well as dyed or finished fabrics, and, therefore, grey goods must be included in determining the manufacturer's ratio under Section 1410.102(d) of the Regulation*
New fabrics. Section 1410.102(d), entitled New woolen or worsted apparel fabrics, applies only to "new" fabrics which come within the definition of Section 1410.115(a)(6). The term "woolen or worsted apparel fabric," as used in the first sentence of Section 1410. 102(d), refers to "new woolen or worsted apparel fabrics."
Comparable fabrics. A manufacturer who has more than one base period fabric "comparable" to the fabric being priced under Section 1410.102(c) may select any one of such base period fabrics. He is not required to use the fabric of which he delivered the greatest quantity during the base period.
14:20
Comparable fabrics - customary source of supply. A company wishes to price a comparable fabric which contains waste and yarn end. The base period fabric, to which the fabric is comparable, did not contain any waste or yarn ends, and the company has never purchased such items from any of its suppliers. In order to price the comparable fabric under Section 1410. 102(c), it is not necessary that the company whould have had a customary supplier of waste and yarn ends during March 1942. It is sufficient if the company had a customary supplier of other raw material who could have supplied the company's needs for waste and yarn ends during this period.
Applicable division factor. Where the regulation establishes different division factors for men's and women's wear fabrics, and the fabric is suitable for both men's and women's wear, the divisional factor for men's wear fabrics is to be used. However, where the fabric is suitable only for women's wear in its finished state, the women's wear divisional factor is to be used, even though the fabric, before finishing, was suitable for both men's and women's wear.
Sales of fabrics by apparel manufacturer - "actual price" paid by manufacturer. Section Í410.103(e)(l) provides that the manufacturer of apparel may not exceed the "actual price" paid for the fabrics, plus cost of transportation and, in certain cases, sponging or shrinking costs. "Actual price" means net price. Thus, where the apparel manufacturer received a discount for prompt payment, he must pass on the benefits of the discount to the purchaser.
Sponging and shrinking. The additions of 4# .and 7# per yard for sponging or shrinking of fabrics, permitted by Section 1410.103(e)(i), is to be computed on the yardage before sponging or shrinking.
Averaging prices of all styles in a range. Under the last paragraphs of Section 1410.103 (a) (1) and (c), it is not permissible to select for averaging purposes from a range of fabrics some of the styles with	a	price differential not in	excess	of 25#	per	yard if the	differential
between the lowest priced	and the highest priced styles	in	this range	is	in excess of	25#
per yard. In such case	the averaging provision, may	not	be	used.
Where all the styles in	a	range have a differential	not	in	excess	of 25#	per yard	but	one	of
the styles was purchased at two or more prices, the prices at which the latter was purchased may be averaged for the sole purpose of averaging its average price with the other styles in the range.
Premiums
Premiums for cut lengths. A manufacturer of fabrics may not add to the maximum price a charge for cutting the fabrics into small yardage cuts, even though he has customarily charged for this service. Section 1410.102(f) requiring maintenance of customary discounts, etc., does not authorize increases over the applicable maximum prices.
Addition of premium prior to adjustment to closest 2^-cents or cent per yard. The premium for decorations permitted by Section 1410.102(h) must be added to the maximum price of the fabric before, rather than after, the adjustment of the maximum price to the closest 2^ cents per yard, or $ cent per yard, as the case may be.
Classifications
Stock-dyed fabric. A fabric which contains stock-dyed yarn in any quantity is classified as a stock-dyed fabric, even though such fabric has also been piece-dyed (cross-dyed).
New woolen or worsted apparel fabrics. See page 14:20.
Definitions
"Tailors to the trade" are classified as "custom or merchant tailors" under the Regulation. "Tailors to the trade" are persons who buy fabrics in small quantities and ordinarily do not carry any stock or finished garments; they make up orders for clothes according to the customer's Individual measurements which are obtained either through salesmen, custom tailor, or independent merchants.
14:21
"Manufacturer" of fabrics» See page 14:20.
"Necktie fabrics" as used in the definition of "woolen or worsted apparel fabrics," Section 1410.115(a)(3), includes the woolen linings as well as the outer material of the neckties.
"Piece lots" as used in Section 1410.103(a) refers to the standard lengths of each unit of fabrics shipped by the particular woolen or worsted mill and regarded by it as a "piece;" the length of this unit may vary in different mills.
"For civilian use." See page 14s18, Military fabrics sold "for civilian use."
Under-collar cloth» See page 14:18»
Imported fabrics. See pa States for purposes of Section 1370.12(f) which requires the granting of percentage discounts off retail price on sales "to the United States or any agency of the United States".
Labeling
Tags. In all sales of household vacuum cleaners a label must be attached reciting the legend set forth in the Regulation. The labeling requirement also applies to vacuum cleaners in the seller's stock but purchased prior to the issuance of the Regulation. The word "label" is not restricted to a gummed sticker. A tag or any other device may be attached to the vacuum cleaner, but in such a way as’to enable purchasers to examine it without difficulty.
Violations and Evasions
Purchaser required to trade in a Used oleaner - trade in allowance. Certain sellers of new and used household vacuum cleaners require that the purchaser trade in a used vacuum cleaner and in some cases require that a specified brand or model be traded-in. These sellers refuse to sell to purchasers who are unable or refuse to turn in a used cleaner. It is not a violation of Regulation No. Ill, or of Regulation No. 294 for the seller to refuse to sell to such purchasers. However, when the purchaser does turn in a used oleaner, the seller of the new vacuum cleaner may not receive more than the maximum price under Regulation No. Ill, whioh must include a fair allowance for the traded-in oleaner. The fair allowance for the txaded in cleaner is the dollar value* of the used cleaner. Regulation No. 294 specifies the minimum trade-in allowance (75% of maximum wholesale "as is" price) when a used oleaner is traded in for another used oleaner, see Section 1370,83.
4:7
Maximum Price Regulation No.- 116«
CHINA. AND POTTERY
Price Determination
Discount granted by mistake. A seller customarily allowed his purchasers a 2% discount for payment within 15 days. One company customarily received a 5% discount, but the seller added a plus differential to its price so that the net prices for the company as well as other purchasers were the same. Owing to a clerical error, the plus differential was omitted from the invoices during the base period and the company actually received a 5% discount. Even though the seller used different methods of quoting prices, his practice was to charge the same net prices to all purchasers including the company. The granting of a 5% discount by mistake did not establish the company as a separate or distinct class of purchaser. Hence the seller need not continue the 5% discount. However, he must extend the 2% discount to the company and other purchasers who are members of the same class.
Definitions
"Art pottery" includes products of the general nature of vases, flower bowls, bric-a-brac, figurines and lamp bases.
Maximum Price Regulation No. 139
USED HOUSEHOLD MECHANICAL REFRIGERATORS
Applicability
Use by buyer. The sale of a used mechanical refrigerator of 10 oubio feet capacity designed for use in homes and as an auxiliary box for commercial users is subject to the Regulation, irrespective of the use to which it is put by the purchaser, since it was designed primarily as a household refrigerator.
Sale by bank, finance company, etc., under a chattel mortgage. The sale of a repossessed used household mechanical refrigerator by a bank, finance company or other lending institution under a chattel mortgage is covered by the Regulation.
Sale of refrigerator placed by owner on floor of appliance dealer. Where a household refrigerator is placed by the owner thereof on the floor of ah appliance dealer and sold by the dealer for the owner, the sale is subject to the Regulation, since such sale by ths dealer is "in the course of trade or business" within the meaning of the Regulation, irrespective of whether the dealer aots for himself or as agent for the owner.
Ice cream oabinets. See page 4:5.
Violations and Evasions
Sale of "as -is" refrigerator with reconditioning by seller. The sal* of an "as is" refrigerator by a reoondlt loner, with th* sale contingent upon th* buyer’s willingness to have th* re conditioning don* by the seller, is a violation of the Regulation, if the "as is" price plus the reconditioning charge exceeds the maximum price for the reconditioned refrigerator.
Sale after default by conditional vendee. In August of 1941, P purchased a new mechanical refrigerator from S under a conditional sales contract which contained the usual provisions regarding title, forfeiture of payments and right to recapture the refrigerator. P has now defaulted on his installments, leaving a balance due of $72.84. 8 desired to enter into an agreement with T whereby T, upon payment of th* balance due, will be permitted to exercise S’* right to recapture the refrigerator from P, and to gain title in himself. The maximum
4t8
TABLE OF PRTGE SCHEDULES AND REGULATIONS ,IN THE COORDINATION SERVICE
Regulation	“Page	Regulation	Page Regulation	Page
1		 16:2	70 ............ 17:8	¿0 . . . . . . . ITT
2	 17:1	71.............17:10	151..........14:17
3	  17:2	73-............. 7:1	152	  9:1
H .............13:1	74...............7:1	153............1:2
6............ 13:11	76 ............. 3:3	154	  10:5
7	 5:1	79...............3:3	155..........15:17
8	........17:2 (a)	80 ............. 3:4	157 ........... 1:3
9	 14:1	81........  17:10(a)	158	...... . 4:9
1°........... 13:14	82 ............ 16:6	159 ........ 13:22 (a)
11..............5:2	83 ............. 4:3	161	 15:17
12		 17:3	84 ............. 4:4	162	  4:9
13 ........: 15:4	85 ............ 16:7	163 ......... 14:18
15............ 17:5	87 ............ 20:1	164..........15:18
I6............ 10:1	88 ............ 19:1	165	  22:1
17 ........... 17:6	89 ............. 5:8	169	  11:7
18............ 14:3	91 ....... 10:4	170	  3:5
19 ..... 15:9(a)	94.............15:13	171............3:5
1%.........15:9(a)	95 ............ . 1:1	172 ........... 1:6
20.............17:6	96.............2:3	173............ . 7:2
21	  3:1	97 ........... 15:15	177	  1:8
23	....... 5:3	98 ............. 3:4	178	...... . 1:12
26..........15:9(a)	100 ............ 2:4	179	  3:6
28	  3:1	102 . .......... 4:5	181	  9-2
30 ........... 18:1	106 .......... 14:14	182	. 18:9
31	...... 3:l(a)	109 .......... 15:16	185	  9:3
32	.    18:5	110 ...... . 4:6	186	   15:18
33..............5:4	111..............4:7	187..........18:10
35	  5:5	114 ........... 18:8	188	  26:1
36	....... 3:2	116 ............ 4:8	192	  3:6
37..............3:2	117.........15:16(a)	193...........io:6
38	  3:2	118 .............5:9	195	  15:19
39	  5:7	119 ........... 20:2	196..........15:22
40	  2:1	120 ...........21:18	198	  17:11
41	  13:15	121 .......... 21:18	200	..... .	20:4
42	  19:1	122 .......... 21:20	203	  3:6
43 .......... 13:16	123 .........«	14:14	204 .......... 26:7
44 .......... 15:12	125 ... .	17:10(a)	206	  2:4
45 ............ 2:2	126 .......... 17:11	207	  9:3
46 ....... .13:18	127 ............ 5:n	208	  1:16
47 ........... 18:7	128 ...... . 5:18	210	  26:9
49 ...........13:19	129 ........ 18:8(a)	211	...... . 5:19
50 ‘ ...... . 10:1	130..........18:8(b)	214..........13:23
51........... 10:2'	131 ........... 20:2	215	  15:21
52 ........... 10:3	133 ........... 16:9	216	   15:23
53.............11:1	134............16:11	219..........15:24
55 ........... 14:4	135 ............ 7:1	220	  20:4
56 ........... 20:1	136 .......... 16:15	221	  1:17
57..............4:1	‘	137 ..... . 19:7	222 ......... 15:24
58 ........... 14:7	139 ............ 4:8	224	...... . 2:5
59............14:n"	140 ........... 18:9	225	  18:11
60 ..........  10:3	141 .......... 14:16	230	  13:24
61............14:12	143.........20:2 (a)	231........... 10:8
62..........„	. 10:4	144	. 7:1	235 ......... 13:24
64 ............ 4:1	145 .......... 14:17	239	  11:12
65..............4:2	^6 ........... 15:17	241	  13:25
67 ........... 16:5	147 ........ 13:22 (a)	244 ......... 13:26
68 ....... 3:2	148 .............n:4	246	  16:28
69............. 17:7	149 ........... 20:3	251	  2:5
- A -
TABLE OF PRICE SCHEDULES AND REGULATIONS IN THE COORDINATION SERVICE
Regulation	Page Regulation	Page Regulation	Page
253.....................15:25	36U	......	.	11:14	523 ........... 16:31
255 ..................... 9:4	365	......	.	18:18	528 ............ 20:7
256 ..................... 9:4	367	  11:15
257 ................ 18:14(a)	369...............18:18	CPR #1.........  3:13
258 ................... 17:11	375	......	.	16:29	MEPR............. 6:1
259 .......	.	10:9	381	  15:28	GO #51........... 8:1
260 .................... 10:9	385	  1:37	CAR #1...........21:1
262 ..................... 9:5	386	  7:3
263 ..................... 4:9	387	  18:18
264 ..................... 3:7	389	  11:15
266 ...... . 18:15	390  ........... . 3:9
269 .................... 12:1	391 ............ 3:10
270	.............. 9:5	392	  3:10
271	.............. 9:5	393	  3:11
274	............. 1:18	397	  7:4
275	. .	.	.	.	.	.	10:10	398	   11:16
278	.............. 3:8	402	   15:28
279 ...... . 10:11	‘ 403 ............ 20:6
282	.............. 3:8	406	  3:12
283	......	.	10:11	409	   9:7
284	............ 15:25	411	  13:28
285	.  ............ 9:6	416	  2:8
287 ............. 1:18	418 ..............11:17
289 .................... 12:3	421 ............ . 8:1
290	............ 15:25	422	  8:6
293	...........  15:25	423	  8:7
294	....... . 4:10	424	 15:29
296	.............. 7:2	425	  9:7
300	.  ........... 20:5	426	  9:8
301	. . ........... 20:6	427	  9:9
304	............. 1:27	429	  4:11
305	.  ............ 7:3	431	  3:12
306	.............. 9:7	432	  15:29
307	............ 18:16	435	. ..........  20:6
310	............ 13:28	436	   19:9
315	.............. 7:3	438	  1:37
319	.............. 7:3	445	  10:12
320	...... . 15:26	446	. . . . . . .	3:12
323	............. 19:9	U9...............18:19
324 .................... 15:2	7	452 ........  .	16:30
329 ..............,	. . 12:4	453 ............. 16:30
330 .................... 1:27	458	.......... 15:29
332 .................... 1:32	459	......... 18:19
333 .................... 12:4	465	.......... 16:31
335 ................... 10:11	468	......... 14:22
336 ................... 11:13	469	. .......... 11:17
338 ............  .	15:27	475 ............... 9:9
339 .................... 1:34	476	............ 4:11
340 ................... 14:22	477	............ 20:6
341 ................... 16:28	478	........... 5:20
3b4 ................... 18:16	484	.......... 18:19
345 ..................... 3:9	488	........... 9:9
346 ..................... 7:3	491	... 15:29
348 ...... . 15:27	501	... 15:30
349 ..................  18:16	508	. ........... 5:20
355 ................... 11:14	510	...... . 19:11
359 ....................18:17	5X3	.......... 15:30
361 ................... 18:17	516	..... 4:11
- B -
APPAREL
Price Schedule or Regulation	Page
Maximum Price Regulation No. 95 - Women’s Nylon Hosiery. Applicability..........................................  1:1
Price Determination ..................................  1:2
Violations and Evasions ........... ................... 1:2
Maximum Price Regulation No. 153 (Revoked) - Women’s, Girls’ and Children’s Outerwear Garments•
Cross-Reference .....................................   1:2
Maximum Price Regulation No. 157 - Sales and Fabrication of Textiles, Apparel and Related Articles for Military Purposes.
Applicability . . . . . ........................   1:3
Price Determination	. . . ............  1:4
Definitions • ••••,..•.........•	•............•	1:6
Maximum Price Regulation No. 172 - Charges of Contractors in Apparel Industry.
Applicability...............•....................  1:6
Price Determination  ............................  1:6
Classification	.......... 1:8
Maximum Price Regulation No. 177 - Men’s and Boys’ Tailored Clothing.
Applicability ..... .............................	1:8
Trice Determination • •••••*..•••.........	1:9
Definitions . . .................. ••••••••••••••	1:12
Records and Reports ¿.....¿ ........... .	...... 1:12
Maximum Price Regulation No. 178 - Women’s Fur Garments. Applicability.......................	i,-.	•	1:12
Price Determination ••••.....• ................   1:12
Records and Reports •••.••.. ........... ........	1:15
Maximum Price Regulation No. 208 - Staple Work Clothing. Applicability ........................................ 1:16
Price Determination ............ ................	1:17
Maximum Price Regulation No. 221 - Manufacturers1 Prices for Fall and Winter Knitted Underwear.
Applicability •••.. .................... ........	1:17
Price Determination • ••••• , ...... ............ 1:18
Maximum Price Regulation No. 274 - Women's Silk Hosiery. Applicability .................... ..................	1:18
Maximum Price Regulation No. 287 - Manufacturers* Prices for Women's, Girls’, Children’s and Toddlers* Outerwear Garments.
Applicability ................................................ 1:18
Price Determination  .....................................     1:20
Classifications ••••••••••................... .	............ 1:26
Violations and Evasions.....................  .	............  1:26
Records and Reports...............................  .	. . . .	1:26
i:a
APPAREL, Continued
Price Schedule or Regulation	Page
Maximum Price Regulation No. 304 - Specified Utility Shirts. Applicability ......... .................................. ........	1:27
Maximum Price Regulation No. 330 - Retailers’ and Wholesalers’
Prices for Women’s, Girls’ and Children’s Outerwear Garments.
Applicability ..... ........................................... 1:27
Price Determination .... ......................... ...........	1:28
Classification . ......... .................................... 1:31
Violations and Evasions ....................................... 1:32
Definitions ...... ............................................ 1:32
Records and Reports	........ ......	1:32
Maximum Price Regulation No. 332 - Simplified Men’s and Boys’ Shirts and Pajamas. Applicability ..... .......................................... ...	1:32
Price Determination	............ 1:32
Violations and Evasions ..... .........................   ....	1:33
Maximum Price Regulation No. 339 - Women’s Rayon Hosiery* Applicability...................................................    1:34
Price Determination...........................................  1:34
Definitions..................................................   1:36
Record's and Reports .......................................... 1:36
Maximum Price Regulation No. 385 - Specified Military Uniforms. Applicability *••••.............................................    1:37
Price Determination..........................................   1:37
Maximum Price Regulation No. 438 - Manufacturers’ Prices for Certain Fall and Winter Outerwear. Price Determination ..............................................	1:37
i:b
BUILDING MATERIALS
Price Schedule or Regulation	Page
Price Schedule No. 40 - Builders' Hardware and Insect Screen Cloth Applicability .............................................     g:i
Price Determination................................... ..	2»1
Classification.................................................    2:1
Definitions....................................... * *	2:1
Price Schedule No. 45 - Asphalt or Tarred Roofing Products Applicability ............................ . .................. 2:2
Prioe Determination............................................ 2*2
Taxes «.............................................	. .* W 2:2
Violations and Evasions......................................   2:2
Records and Reports ............. ............................. 2:2
Price Schedule No. 96 - Domestic Fuel Oil Storage Tanka Applicability.............................................      2:3
Price Determination............. .............................  2:3
Violations and Evasions ....	. ....... . .......	2:3
Definitions .............................................. ,	2:3
Labeling....................................................... 2*3
Price Schedule No. 100 - Cast Iron Soil Pipe and Fittings Applicability.................................................. 2:4
Definitions ...'•............................................   2*4
Maximum Prioe Regulation No. 206 - Vitrified Clay Sewer Pipe and Allied Products
Applicability.................................................  2:4
Taxes......................................................     2:4
Maximum Prioe Regulation No. 224 - Cement Prioe Determination ••••••..................................... 2:5
Commissions .................................................   2:5
Maximum Price Regulation No. 251 - Construction and Maintenance Services and Sales of Building and Industrial Equipment and Materials on an Installed or Erected Basis
Applicability ...............................................   2:5
Prioe Determination.........................................    2:7
Taxes.......................................................... 2:8
Records and Reports ........................................    2:8
Maximum Price Regulation No. 416 - Dead-Burned Grain Magnesite Applicability .........................................    ........	2:8
ii:a
CHEMICALS AND DRUGS
Price Schedule or Regulation	Page
Price Schedule No. 21 - Formaldehyde. Applicability . . ................................     3:1
Maximum Price Regulation No. 28 - Ethyl Alcohol (Excluding West Coast Ethyl Alcohol). Applicability ......... ..................... .........3:1
Price Determination.......................    .....	3:1
Records and Reports ...........................3:1
Price Schedule No. 31 - Acetic Acid. Price Determination ....... ................. .....	3:l(a)
Maximum Price Regulation No. 36 - Acetone. Price Determination.................................  .3:2
Maximum Price Regulation No. 37 - Butyl Alcohol and Esters Thereof. Price Determination ••••••••.......... ..............  3:2
Price Schedule No. 38 - Gylcerine, z Price Determination - Taxes ••••• ....... .••••••••••••3:2
Price Schedule No. 68 - Hide Glue Stock. Applicability ..................... ..... ............. ...	3:2
Price Determination ... .....	......... .3:2
Classification ............................. 3:3
Price Schedule No. 76 - Hide Glue. Applicability ...... ........ . ....... ........... 3:3
Price Determination ••••......... ....  ............3:3
Violations and Evasions • . .............. ........ 3:3
Price Schedule No. 79 - Carbon Tetrachloride. Applicability • • •	....... 3:3
Price Determination ••••••••••••••••••••••••••• 3:4
Violations and Evasions .......................    .3:4
Price Schedule No. 80 - Lithopone. Applicability •	.................... .... 3:4
Price Determination ••••••• ....... ••••••	..... • 3:4
Price Schedule No. 98 - Titanium Pigments» Applicability •••••••••••••.••.•••••• .................. ••	3:4
Maximum Price Regulation No. 170 - Anti-Freeze. Applicability	  •••••.••••••••	3:5
Price Determination ••••••••••••••• ......... •••••	3:5
Definitions ••••• .... • ..... • ......... •••••••••3:5
Records and Reports ••••••••••••• ...............   3:5
Maximum Price Regulation No. 171 - Film Scrap« Applicability ••••• ....... •••••••••• ................. ••	3:5
Price Determination •••••• ............ ...........	3:5
Maximum Price Regulation No, 179 - Pine Oil, Price Determination ................. •••••••••••••••••••••	3:6
ili:»
CHEMICALS AND DRUGS, Continued.
Prioe Schedule or Regulation	Page
Maximum Price Regulation No. 192 - Imported Cresylic Acid. Applicability...................................................3:6
Price Determination .................t........................  3:6
Maximum Price Regulation No. 203 - Vitamin A Natural Oils And Concentrates.
Applicability.................................................  3:6
liLximum Price Regulation No. 264 - Industrial Waxes. Price Determination ............................................3:7
Maximum Price Regulation No. 278 - Totaquina and Totaquina Products.
Records and Reports • • . •.....................................3:8
Maximum Price Regulation No. 282 - Certain Private Formula Pharmaceutical Proprietary Drug and Cosmetic Products.
Applicability................................. . ...............3:8
Brice Determination.............................  .	•..........3:8
Maximum Price Regulation No. 345 - Thermoplastic Scrap. Applicability........................................................ 3:9
Price Determination .........................................   3:9
Violations & Evasions.......................................... 3:9
Maximum Price Regulation No. 390 - Household soaps and Cleaners Sold by Retail Food Stores.
Applicability  ...............................................  3:9
Price Determination..............	•...........„................3:9
Violations and Evasions........................................ 3:9
Maximum Price Regulation No. 391 - Household Soaps and Cleaners
Sold by Manufacturers And Certain Wholesalers.
Applicability..................................................3:10
Prioe Determination  ........................................  3:10
Violations and Evasions ................................'..•••••	3:10
Definitions.................. ...... ..........................3:10
Maximum Price Regulation No. 392 - Packaged Drugs. Applicability....................................................•	• 3:10
Price Determination........................................    3:11
Maximum Prioe Regulation No. 393 - Packaged Cosmetics. Applicability • .....................................................3:11
Violations and Evasions........................................3:11
Maximum Prioe Regulation No. 406 - Synthetic Resins and Plastic Materials and Substitute Rubber.
Applicability................................................  3:12
Classification........................................•••.. 3:12
Maximum Prioe Regulation No. 431 - Charcoal. Applioability........................................................3:12
Brice Determination............................................3:12
iiixb
CHEMICALS AND DRUGS, Continued.
Price Schedule or Regulation	Page
Maximum Price Regulation No. 446 - Pine Tár and Pine Tar Oil. Applicability..............7.........................................3,12
Commodities Practices Regulation No. 1 - Bar or Package Soaps or Cleaners. Applicability..........................................................
iii:c
CONSUMER DURABLE GOODS
Prioe Schedule or Regulation	Page
Prioe Schedule No. 57 - Wool Floor Coverings. Applicability •.....................................  4:1
Violations and Evasions  ..............................4:1
Price Schedule No. 64 - Domestic Cooking and Heating Stoves. Applicability ........................................4:1
Prioe Determination .................... 4:1 Taxes...............................................   4:2
Violations and Evasions ............................  4:2
Maximum Prioe Regulation No. 65 - Resale of Floor Coverings. Applicability.........................................4:2
Price Determination .................... 4:2 Violations and Evasions .............................  4:2
Prioe Schedule No. 83 - Radio Receivers and Phonographs. Applioability.....................................    4:3
Price Determination	.	•..............................  4:3
Violations and Evasions..............................  4:3
Prioe Schedule No. 84 - Radio Receivers and Phonograph Parts. Applicability ....................................    4:4
Prioe Determination	 ..................................4:5
Definitions............................................4:5
Price Schedule No. 102 - Household Mechanical Refrigerators. Applicability .................................... .......	4:5
Prioe Determination .................................  4:5
Maximum Price Regulation No. 110 - Resale of New Household Mechanical Refrigerators.
Applicability......................................... 4:6
Prioe Determination....................................4:6
Definitions.........................................   4:7
Maximum Price Regulation No. Ill - New Household Vacuum Cleaners And Attachments. Applicability . ...........................................4:7
Price Determination ...................................4:7
Labeling.............................................  4:7
Violations and Evasions • ...........................  4:7
Maximum Price Regulation No. 116 - China and Pottery. Price Determination...................................4:8
Definitions.........................................   4:8
Maximum Price Regulation No. 139 - Used Household Mechanical Refrigerators. Applicability .........................................  .	4:8
Violations and Evasions................................4:8
Maximum Brice Regulation No. 158 - Resale of War Bicycles - Distributors and Dealers.
Price Determination
4:9
iv:a
CONSUMER DURABLE GOODS, Continued.
Prioe Schedule or Regulation	Page
Maximum Prioe Regulation No. 162 - Ceiling Prices For the Sale And Rental of Used Typewriters.
Applicability.............................................	4:9
Price Determination................................... .	.	4:9
Maximum Price Regulation No. 263 - New Phonograph Records and
Record Scrap. Applicability............ ..............................••	4:9
Price Determination....................................    4:10
Violations and Evasions .................................. 4:10
Maximum Prioe Regulation No. 294 - Used Household Vacuum Cleans ere and Attachments For Used
Household Vacuum Cleaners. Applicability ...........................................  4:10
Price Determination .....................................  4:10
Violations and Evasions...................................	4:10
Maximum Prioe Regulation No. S20 - Eastern and Central Wooden Agricultural Containers.
Applicability ........ ........................ ..........	4:11
Maximum Prioe Regulation No. 429 - Certain Used Consumer
Durable Goods. Applicability .......................................  ...	4:11
Maximum Prioe Regulation No. 476 - Luggage. Applicability ....... ...................	...............4:11
Maximum Prioe Regulation No. 516 - Used Photographic Equipment. Prioe Determination........................................... 4:11
iv:b
COTTON AND SYNTHETIC TEXTILE PRODUCTS
Price Schedule or Regulation	Page
Price Schedule No. 7 - Combed Cotton Yarns And The Processing Thereof. Applicability.................................................5 si
Price Determination......................................5:1
Premiums........... . . . .................................5:1
Violations and Evasions ...............................    5:2
Definitions .............................................. 5:2
Maximum Price Regulation No. 11 - Fine Cotton Goods. Applicability.................................................  5:2
Price Determination....................................    5:3
Definitions .......................................... ...	5:3
Price Schedule No. 23 - Rayon Grey Goods. Applicability.................................................  5:3
Price Determination ..... ...... ................... .....	5:4
Violations and Evasions .................................. 5:4
Records and Reports ...... ........................... ...	5:4
Maximum Price Regulation No. 33 - Carded Cotton Yarns And The Processing Thereof Applicability ................................................. 5:4
Price Determination	- Commission...........................5:5
Premiums.................................................5:5
Violations and Evasions .................. ...............	5:5
Price Schedule No. 35 - Carded Grey and Colored-Yarn Cotton Goods Applicability	  ............	5:5
Price Determination ............................ .........	5:6
Premiums...............................................    5:6
Definitions ....... ..................................   .	5:7
Records and Reports......................................  5:7
Maximum Price Regulation No.- 39 - Woven Decorative Fabrics Applicability.................................................  5:7
Price Schedule No. 89 - Bed Linens Applicability.................................................. 5:8
Price Determination....................................    5:8
Premiums . .............. .......................... .....	5:8
Labeling ............. ................................... 5:8
Maximum Price Regulation No. 118 - Cotton Products Applicability...................................................5:9
Price Determination.....................................  5:10
Definitions ....... .................................... •	5:11
Records and Reports ....................................  5:11
Maximum Price Regulation No. 127 - Finished Piece Goods Applicability .......... ............................. .	. . . 5:11
Price Determination .................................    •	5:14
Premiums ...........................................	. . . 5:17
Classification ........................................   5:17
Violations and Evasions . ..........................  ••••	5:17
Definitions...............................................5:17
Records and Reports.....................................  5:17
v:a
COTTON AND SYNTHETIC TEXTILE PRODUCTS, Continued
Prioe Schedule or Regulation	Page
Maximum Price Regulation No. 128 - Processing Piece Goods Applicability...........................................    5:18
Price Determination.......................................  5:18
Definitions.............................................    5:18
Records and Reports ....... • ..................... ........	5:18
Maximum Price Regulation No. 211 - Cotton Ginning Services ' Applicability................................................5:19
Price Determination.......................................  5:19
Maximum Price Regulation No. 478 - Coated and Combined Fabrics Applicability . ................................*...........	. . 5:20
Maximum Price Regulation No. 508 - Rayon Knit Fabrics And The Knitting Thereof
Applicability ............................................  5:20
Price Determination ...................................    •	5:20
v:b
Price Schedule or Regulation	Page
EXPORT-IMPORT
Maximum Export Price Regulation
Applicability. . ... ..... ............... • 6:1
Price Determination ..................  6:1
Premiums .................  .	. .......6:2
Definitions ............ ....... .........	6:3
vita
Price Schedale or Regulation	Page
CEREALS, FEEDS AND AGRICULTURAL CHEMICALS
Price Schedule No. 73 - Fish Meal . Applicability . .....................................................  7:1
Price Determination-Commissions • • .........................••••••	7:1
Maximum Price Regulation No. 74 - Animal Product Feedingstuff8 Applicability ......................................................7:1
Maximum Price Regulation No. 135 - Mixed Fertilizer, Superphosphate and Potash
Applicability...................................................... 7:1
Maximum Price Regulation No. 144 - Retail Prices of Agricultural Insecticides and Fungicides
Applicability ............................................  .	.. . 7:1
Price Determination...........................................      7:2
Maximum Price Regulation No. 150 - Finished Rice and Rioe Milling By-Products
Definitions . ........... ............................... .........	7:2
Maximum Price Regulation No. 173 - Wheat Mill Feeds Applicability  ......................................................  .	7:2
Maximum Price Regulation No. 296 - Flour From Wheat, Semolina And Farina Sold By Millers And Blinders
Applicability	....................... 7:2
Price Determination ..........................................•••••	7:2
Maximum Price Regulation No. 305 - Corn Meal, Corn Flour, Corn Grits, Hominy Grits, Brewers Grits And Other Products Made By A Dry Milling Process
Applicability • . • . .........................•..................  7:3
♦
Maximum Price Regulation No. 315 - Arsenical Price Determination..................................................  .	7:3
Maximum Price Regulation No. 319 - Certain Bakery Products Applicability •  .................................................  7:3
Maximum Price Regulation No. 346 - Corn Price Determination  .............................................  7:3
Maximum Price Regulation No. 386 - Agricultural Liming Materials Applicability...................................................    7:3
Maximum Price Regulation No. 397 - Flaxseed Price Determination ••••••........................................  7:4
▼ii:a
DISTRIBUTION
Price Schedule or Regulation	Page
General Order No. 51 * Authorization to Regional Office and to such Offices as may be Authorized by Region
al Officers to Fix Conmiunity (Dollar-and-Cents) Ceiling Prices.
Applicability ................................•	•	......... 8:1
Price Determination ••••.....................................  8:1
Maximum Price Regulation No. 421 - Ceiling Prices of Certain Foods Sold at Wholesale.
Applicability.......................,......................... 8:1
Price Determination    ....................................... 8:3
Definitions................................................... 8:5
Maximum Price Regulation No. 422 - Ceiling Prices of Certain Foods Sold at Retail in Group 3 and 4 Stores•
Applicability................................................ 8:6
Price Determination ........................................  8:6
Definitions................................................   8:6
Maximum Price Regulation No. 423 - Ceiling Prices of Certain Foods Sold at Retail in Independent Stores Doing an Annual Business of Less Than $250,000 (Group 1 and Group 2 Stores).
Applicability..............................................  8:7
Price Determination...............................  .	. . .	8:7
Definitions •  ............................................  8:7
viii:a
FRUITS AND VEGETABLES
Prioe Schedule or Regulation
Page
Maximum Price Regulation No. 152 - Canned Vegetables. Applicability.....................................................  9:1
Price Determination ..............................................  9:1
Definitions..........................................*..............9:2
Records and Reports ............................................... 9:2
Maximum Price Regulation No. 181 - New Formula Condensed Soups Packed Under WPB Conservation Order M-81. Prioe Determination.............................••••...................  9:2
Maximum Price Regulation No. 185 - Canned Fruits and Canned Berries. Applicability.....................................................  9:3
Price Determination.................................................9:3
Definitions .................. . ...................... ...... 9:3
Maximum Price Regulation No. 207 - Frozen Fruits, Berries and Vegetables.
Price Determination ...................••••.........................9:3
Definitions • ...................................................   9:4
Maximum Price Regulation No. 255 - Permitted Increases for Wholesalers of Certain Foods.
Applicability..................................................••••	9:4
Price Determination................................................	9:4
Maximum Price Regulation No. 256 - Permitted Increases for Retailers of Certain Foods.
Price Determination .............................................   9:4
Maximum Price Regulation No. 262 - Seasonal and Miscellaneous Food Commodities.
Applicability............................... • • • ...............  9:5
Price Determination................................................ 9:5
Maximum Price Regulation No. 270 - Dry Edible Beans and Certain Other Dry Food Commodities.
Classification	................................... . . 9:5
Maximum Price Regulation No. 271 - Potatoes and Onions.
Applicability.....................................................  9:5
Definitions • • •................................  ••••.............9:6
Maximum Price Regulation No. 285 - Imported Fresh Bananas, Sales Except at Retail.
Applicability ••••••..............................................  9:6
Price Determination  .............................................  9:6
Violations and Evasions......................................  ••••	9:6
Maximum Price Regulation No. 306 - Certain Packed Food Products.
Prioe Determination	9:7
Violations and Evasions	.....•• .................................. 9:7
Definitions.........................................................9:7
ix:a
FRUITS AND VEGETABLES, Continued
Prioe Schedule or Regulation	Page
Maximum Price Regulation No. 409 - Frozen Fruits, Berries and Vegetables (1945 Pack and After).
Price Determination...............................,..................9»7
Violations and Evasions .... .......................................  9.7
Definitions........................... .............................  9;7
Maximum Price Regulation No. 425 - Fresh Fruits, Berries and Vegetables For Processing.
Applicability....................................... 9 »7
Price Determination..................................................9,9
Violations and Evasions..............................................9 »8
Maximum Price Regulations No. 426 - Fresh Fruits and Vegetables for Table Use, sales Except at Retail.
Applicability  ............................................... 9 »8
Prioe Determination • •••••... ................ ........... 9:8
Violations and Evasions	9:8
Maximum Prioe Regulation No. 427 — Processed Beans, Macaroni Products and Noodle Products.
Applicability ..... ............................................... ,	9,9
Maximum Price Regulation No. 475 - Dried Fruits, 1943 and Later Crops.
Applicability........................................................ 9,9
Maximum Price Regulation No. 488 - Pickles and Certain Pickled'Products.
Definitions.......................................................    9:9
ix:b
GROCERY PRODUCTS
Price Schedule or Regulation	Page
Price Schedule No. 16 - Raw Cane Sugars. Applicability....................................................   10:1
Prioe Determination............................• •........... 10 tl
Prioe Schedule No. 50 - Green Coffee. Applicability ...................................... *.....♦	10:1
Price Determination........................................... 10 »1
Definitions.......................................  *.......	10:2
Price Schedule No. 51 - Cocoa Beans And Cocoa Butter. Applicability...................................................    10:2
Price Determination........................................    10:2
Records and Reports ••••••••••• ....................... ....	10:3
Prioe Schedule No. 52 - Pepper. Applicability . •  ............................................     10*3
Price Determination............................................10:3
Price Schedule No. 60 - Direct Consumption Sugar. Applicability ....................................................   W’J
Prioe Determination .........................................  10:4
Records and Reports..........................................  10:4
Price Schedule No. 62 - Cigarettes. Applicability....................................................   I®14
Price Determination ...... ........................ ........	10:4
Price Schedule No. 91 - Tea. Applicability..................................................     l°i4
Price Determination........................................    10:5
Maximum Price Regulation No. 164 — Ice.
Price Determination........................................    10:5
Violations and Evasions......................................  10:5
Maximum Price Regulation No. 193 — Domestic Distilled Spirits. Applicability ....................................................  10*®
Price Determination •••••..................................   10:6
Taxes . • • • ...........................................     nn*«
Violations and Evasions...................................... 10:8
Maximum Price Regulation No. 231 - Raw Spices and Spice Seeds. Applicability.................................................  •	•	10:8
Price Determination •••••.••................................  10:8
Maximum Price Regulation No. 259 — Domestic Malt Beverages. Applicability ..............................................
Price Determination  ........................................ 10:9
Maximum Price Regulation No. 260 - Cigars. Price Determination  ........................................  10:9
x:a
Price Schedule or Regulation	Page
GROCERY PRODUCTS, Continued
Maximum Price Regulation No. 275 - Extracted Honey. Applicability................................................. ••••.	10:10
Price Determination ............................................10:10
Classification................................................  10:10
Maximum Price Regulation No. 279 - Hops. Price Determination-Commissions....................................  10:11
Violations and Evasions.........................................10:11
Definitions ......................................... .........	10:11
Maximum Price Regulation No. 283 - Burley (Type No. 31) Tobacco. Price Determination.................... . ..... ... .................10:11
Maximum Price Regulation No. 335 - Peanuts and Peanut Butter. Applicability......................................................  10:11
Price Determination...........................................  10:11
Definitions ................................................  .	10:12
Maximum Price Regulation No. 445 - Distilled Spirits and Wines. Records and Reports ..••••• ......................................   10:12
x:b
MEATS, FISH, FATS, AND OIL
Price Schedule or Regulation	Page
Maximum Price Regulation No. 53 - Fats and Oils Applicability ........................................     11:1
Price Determination..................................  11:2
Violations and Evasions ...........................    11:3
Maximum Price Regulation No. 148 - Dressed Hogs and Wholesale Pork Cuts
Applicability ... • • ... . • •••.. • • ..••• •	11:4
Price Determination ••••............................   11:4
Transportation Charges ........	...	..••••	11:5
Classification ...•• .................	11:5
Violations and Evasions............................    11:5
Definitions ........ .•••••••• .................. ...	11:6
Maximum Price Regulation No. 169 - Beef and Veal Carcasses and Wholesale Cuts
Applicability................................  ......	11:7
Price Determination . . ••••••••.. ................... 11:7
Violations and Evasions ............ ................ 11:11
Definitions........................•••••............. 11:12
Records and Reports ..... • •• ••••••••••• •	11:12
Maximum Price Regulation No. 239 - Lamb and Mutton Carcasses and Cuts at Wholesale and Retail
Applicability •••••••••. ............. •	......... •	11:12
Price Determination.................................  11:13
Definitions  .....................................    11:13
Maximum Price Regulation No. 336 - Retail Ceiling Prices for Pork Cuts and Processed Meat Products
Applicability  ...................................    11:13
Price Determination ••.••••••••• ................ ...	11:13
Glassification ..............................   ,••••	11:13
Violations and Evasions  ............................ 11:13
Maximum Price Regulation No. 355 - Retail Ceiling Prices for Beef, Lamb, Veal and Mutton Cuts and.all Variety Meats and Edible By-products
Applicability.....................................    11:14
Price Determination ... .................. ••••••••••	11:14
Violations and Evasions •	11:14
Maximum Price Regulation No. 364 - Frozen Fish and Seafood Applicability ...•••• ...................................	11:14
Price Determination •	11:14
Classification ........•	•.••••••••••••••	11:15
Definitions.........••••............................  11:15
Maximum Price Regulation No. 367 - Horsemeat Applicability ..••••••• ............................. ...	11:15
Definitions ............. ...... ..................   11:15
Maximum Price Regulation No. 389 - Ceiling Prices for Certain Sausage Items at Wholesale Applicability ............................................ 11:15
xi:a
MEATS, FISH, FATS, AND OIL, Continued
Price Schedule or Regulation,	Page
Maximum Price Regulation No. 389, continued.
Price Determination ........ .................... ....	11:15
Definitions................................... Ils 16
Labeling ..................... ..........	....... 11:16
Maximum Price Regulation No. 398 - Variety Meats and Edible
By-products at Wholesale Definitions .........................................  11:16
Maximum Price Regulation No. 418 - Fresh Fish and Seafood Applicability	11:17
Price Determination	....... .......................... 11:17
Definitions.............................. 11:17
Maximum Price Regulation No. 469 - Live Hogs Violations and Evasions...............................  37.17
Definitions ...................................4. 11:18
xi:b
POULTRY, EGGS AND DAIRY PRODUCTS
Price Schedule or Regulation	Page
Maximum Price Regulation No. 269 - Poultry. Applicability .................................................   12*1
Price Determination...........................................    12:1
Classification ........................................  .........	12:2
Violations and Evasions ....... ............................ .....	12:2
Definitions ........ ............................................ 12:2
Records and Reports	................ 12:3
Maximum Price Regulation No. 289 - Dairy Products. Applicability ..... ...................... .	. . . . ........ . . .. 12:3
Price Determination .. ...........................................12:3
Definitions . ..................................................  12:4
Records and Reports.............................................  12:4
Maximum Price Regulation No. 329 - Purchases of Milk from Producers for Resale as Fluid Milk. Applicability..........................................................12:4
Violations and Evasions.........................................  12:4
Maximum Price Regulation No. 333 - Eggs and Egg Products. Price Determination............................................   12:4
Definitions.......................................................12:4
xiita
IRΠAND STEEL
Price Schedule or Regulation	Page
Price Schedule No. 4 - Iron and Steel Scrap Applicability •••••• • •••••••• • • . ....... 13:1
Price Determination ..................    13:1
Commissions ........... ................. 13:7
Taxes ..................................  13:9
Classification ... • •••••••••••••••	13:9
Violations and Evasions • ••••••••••..••••• 13:10 Definitions ... ...... ................ •	13:10
Records and Reports •	•• . •• • 13:11
Licensing.....•••••....................  13:11
Price Schedule No. 6 - Iron and Steel Products» Applicability ..•.••••••«••••••••••••	13:11
Price Determination ••••••••••• ..... •••	13:12
Taxes ••».••••••.................  13:13
Violations and Evasions •••••••••• ...... 13:13
Price Schedule No. 10 • Pig Iron Applicability »•••••• ............ .........	13:14
Price Determination ....•••••...........  13:14
Taxes .»••••••••••......................  13:14
Price Schedule No» 41 - Steel Castings» Applicability •».....••••••••• ............. 13:15
Price Determination ••••••»•••••••••»••• 13:15 Violations and Evasions ••••••••••••••••«• 13:15
Maximum Price Regulation No. 43 “ Used Steel Drums, Pails and Containers, and Reconditioning of Used Steel Drums
Applicability »•••••••••••• ............. 13:16
Price Determination ••••••............... 13:17
Violations and Evasions >••••.........    13:18
Maximum Price Regulation No» 46 • Relaying Rail, Relaying Girder Rail and Used Trade Accessories.
Applicability •••••••••• ....... •••••».•	13:18
Price Determination  ...............•••••	13:18
Taxes.......................................
Definitions • • ..............• •.......  13:19
Price Schedule No» 49 - Resale of Iron or Steel Products» Applicability ••••••••••••••.............. •	13:19
Price Determination «••••••••»••••••••»• 13:20 Commissions •••• ...... ••••••	.......... 13:21
Violations and Evasions •••••••••••• ...,• 13:21
Definitions ••••••••• ........ •••••••••	13:22
Records and Reports ••••••••••••.».••»• 13:22(a)
Mewl mum Price Regulation No» 147 * Bolts, Nuts, Screws and Rivets» Applicability •.••••••••••»••••••••• 13:22(a)
xiiiîa
IRON AND STEEL, Continued
Price Schedule or Regulation
Page
Maximum Price Regulation No. 159 • Fabricated Concrete Reinforcing
Bars. Applicability . . . .  ......................................13:22(a)
Price Determination.........................................    13:23
Taxes.........................................................  13x23
Maximum Price Regulation No. 214 - High Alloy Castings.
Price Determination - Taxes •••••••••••••••••• 13:23
Records and Reports ..................	13:24
Maximum Price Regulation No. 230 - Reusable Iron and Steel Pipe and Used Structural Pipe.
Applicability •• ... • . ••••••••••• . . . . • . • 13:24
Price Determination .....................  .	. .... • • • . 13:24
Maximum Price Regulation No. 235 - Manganese Steel Castings and Manganese Steel Castings Products.
Price Determination ••••••••••• ........................ ••••••	13x24
Taxes.......................................................... 13x25
Violations and Evasions ...............................   •••••	13x25
Maximum Price Regulation No. 241 - Malleable Iron Castings.
Applicability ............ * . ........................	. 13x25
Price Determination •••..•. ............................ 13x25
Maximum Price Regulation No. 244 • Gray Iron Castings. Applicability ••••••••• ...............................   13x26
Price Determination •••••• ....................... ......	13x26
Records and Reports .............••••••••................13x27
Maximum Price Regulation No. 310 - Reusable Structural Steel Shapes and Plates, and Shafting.
Applicability	13x28
Maximum Price Regulation No. 411 - Reusable Steel Storage Tanks .(Field Assembled).
Price Determination	• • • • • 13x28
Definitions •••••••••••••••••••••••••• 13:28
xiiitb
LEATHER, WOOL AND MISCELLANEOUS FIBER PRODUCTS
Price Schedule or Regulation	Page
Price Schedule No. 9 - Hides, Kips and Calfskins. Applicability ...................•••••••......... •	14:1
Price Determination ........................... 14s 1
Commissions ................................... 14s2
Classification ••••.••••....................... 14s 2
Definitions.................................... 14s 2
Violations and Evasions	•	..................... 14s 2
Price Schedule No. 18 - Burlap. Applicability...........• ••••••..................  14:3
Price Determination • •	• ............. . .. .	14:3
Premiums ...................................    14:4
Violations and Evasions •••••• ........... ••••	14:4
Maximum Price Regulation No. 55 - Second-hand Bags. Applicability...................................    14:4
Price Determination ••••....................... 14:4
Commissions •••••• ...................   ......	14:6
Premiums ••••••••••••• ...................... •	14:6
Classification ••••^........................    14:7
Violations and Evasions ••••••••••••••••••	14:7
Definitions • •••.•••••••• .................. *	14:7
Records and Reports • •••••••••••••••••••	14:7
Price Schedule No. 58 - Wool and Wool Tops and Tarns. Applicability...........................•••••••................•	•	14:7
Price Determination	14:8
Commissions .............................................    14:10
Premiums..............................................  ••••	14:11
Classification............................................   14:11
Definitions •• ................................. •••••••••••	14:11
Price Schedule No. 59 - Kapok.
Applicability •••••..•••••••••••••••• 14:11
Price Determination - Premiums • ••••••••••••• 14:11
Price Schedule No. 61 - Leather. Applicability ................................*....14:12
Price Determination •••••••• ..................... 14:13
Premiums ••••••.................••••.............  14:13
Definitions.................................  •••••	14:13
Records and Reports •••••••••• ............... ••••	14:14
Maximum Price Regulation No. 106 - Domestic Shorn Wool.
Price Détermination • •••••••••••..........................  |4Q4
Commissions ••••••••••• ................................... *4:*4
Maximum Price Regulation No. 123 - Raw and Processed Wool Waste Materials•
Applicability  ...........................  14:14
Price Determination...................      14:15
Premiums •••••••••••••••••••••••••	14:15
Classification........................... •	14>15
Definitions «•••••••• ................. •••	14:15
Records and Reports •• ........ •••••••••••	14:15
xivta
LEATHER, WOOL AND MISCELLANEOUS FIBER PRODUCTS, Continued
Price Schedule or Regulation
Page
Maximum Price Regulation No. 141 - Domestic Raw Shearlings and Tanned Shearlings for the Armed
Forces. Applicability....................................   14:16
Price Determination-Commissions ..................•	• 14:16
Definitions .......................................	14:17
Maximum Price Regulation No. 145 - Pickled Sheepskins. Price Determination...................................  14:17
Maximum Price Regulation No. 151 - New Bags.
Applicability .  .........................  •••••••	14:17
Price Determination  .............................  14:17
Definitions •••••••• .................. •••••• 14:17
Maximum Price Regulation No. 163 * Wool and Worsted Civilian
Apparel Fabrics.
Applicability •••••••• .................. •••••••••	14:18
Price Determination ••••••••••••• ................. 14:18
Premiums •••••• ......................... .........	14:21
Classification ...•• ......... .... ••••••• 14:21
Definitions ....................................... 14:21
Records and Reports ••••••••• ............... •••••	14:22
Maximum Price Regulation No. 340 - Jute and Istle Tarn, Rove and Rope. Price Determination ...................... •••••••••••••	14:22
Maximum Price Regulation No. 468 - Broomcorn. Price Determination •••••• .................... •••••••	14:22
Violations and Evasions ......... ••••• ........... 14:22
xiv:b
LUMBER
Price Schedule or Regulation
Page
General Interpretations,
Applicability • • •............,	, •.........• •••••••• 15:1
Price Determination .....................................    .	15:1
Commissions...................................................15:1
Premiums ............... ..................... ... .......... 15:1
Taxes......................................................15:l(a)
Violations and Evasions.................................      15:3
Special Annotation	.... .................................. 15:3
Maximum Price Regulation No. 13 - Douglas Fir Plywood, Applicability ...................................  15:4
Price Determination ••••..•• .................... 15:4
Commissions.........................\...........  15:5
Violations and Evasions • •••••...••.••.••••••• 15:5 Definitions ...... .......... ••••••••• ......... 15:5
Records and Reports.............................  15:5
Maximum Price Regulation No. 19 - Southern Pine Lumber. Applicability .,.••.••..............................;...............15:5
Price Determination.....................................................15:6
Premiums ................ ...................... ...... . 15:8
Transportation Charges ••••••• .............................	15:8
Classification ........... «	............... ........ 15:9
Violations and Evasions ........ ............. ...	........ 15:9
Definitions .... .................................  ........	15:9
Records and Reports.....................................    15:9
Maximum Price Regulation No. 19A - Log-run Southern Pine Lumber. Applicability........................................................	15:9 (a)
Maximum Price Regulation No. 26 - Douglas Fir and Other West Coast Lumber. Applicability •	............................... • 15:9(a)
Price Determination............................••••................  15:9(a)
Transportation Charges ••••........................................    15:11
Violations and Evasions.................•...........,..............•...15:12
Definitions ,,.•••....................•••••........................*	.15:12
Records and Reports . • •..............................	..............15:12
Price Schedule No. 44 - Douglas Fir Doors, Applicability ............. .•••••••.•• .......................... 15:12
Price Determination..........................................  .........	15:12
Maximum Price Regulation No. 94 - Vie stern Pine and Associated
Species of Lumber. Applicability ••••..................  ..............15:13
Price Determination • ................................  15:13
Premiums...........................•••••••••••••• 15:14
Commissions • • *...................................    15:14
Transportation Charges ••••• ............. 15:14
Violations and Evasions ......... ••••••••.•••	15:14
Definitions ...... ••• .....•	••••••••••••• 15:15
xv:a
LUMBER
Continued.
Prioe Schedule or Regulation
Page
Maximum Price Regulation No. 97 - Southern Hardwood Lumber
Applicability........................................................  15:15
Price Determination ....... .......................................... 15:15
Definitions..................J.......................................  15:16
Maximum Price Regulation No. 109 - Aircraft Lumber
Applicability.....................................  '...............  .	15:16
Price Determination..................................................   15:16
Maximum Price Regulation No. 117 - Used Egg Cases and Used Component
parts Applicability....................................................15 ;16(a)
Price Determination-Transportation Charges . . ..................... ld:16(a)
Labeling . . ....................................................... 15:16(a)
Violations and Evasions ............................................... 15:17
Maximum Price Regulation No. 146 - Appalachian Hardwood Lumber Price Determination ....................................................
15:17
Maximum Price Regulation No. 155 - Central Hardwood Lumber
Applicability . . . .. . . . ................................   .	. .	15:17
Price Determination..................................................  15:17
Maximum Price Regulation No. 161 - West Coast Logs
Applicability.........................................................  15:17
Price Determination ....................................... .........	15:17
Maximum Price Regulation NO. 164 - Red Cedar Shingles
Applicability  ........................................................ 15:18
Records and Reports.................................................    15:18
Maximum Price Regulation No. 186 - Western "food Agricultural Containers
Applicability.......................................................   15:18
Price Determination ..... ................................. .........	15:19
Maximum Price Regulation Ifo. 195 - Industrial "fooden Boxes
Applicability ......................................................    15:19
Price Determination.................................................... 15:19
Taxes.................................................................  15:20
Maximum Price Regulation No. 196 - Turned or Shaped Wood Products Applicability.....................................................  15:20
Maximum Price Regulation No. 215 - Distribution Yard Sales of Softwood
Applicability ................. ....	................ ........	15:21
Price Determination.................................  ...,...........	15:21
Transportation Charges ...............................................  15:22
Definitions..........................................................   15:22
Classification .......................................................  15:23
Maximum Price Regulation No. 216 - Eastern Primary Forest Products
Applicability . . . . ...............................................   15:23
Prioe Determination  ................................................   15:23
Classification........................................................  15:23
xv :b
LUMBER, Continued.
Price Schedule or Regulation	Page
Maximum Price Regulation No. 219 - Northeastern Softwood Lumber Price Determination..................................................... 15:24
Maximum Price Regulation No. 222 - Northern Softwood Lumber . Applicability .............. ...... .................................. .	15:24
Price Determination . .................................................  15:24
Violations and Evasions................................................. 15:24
Maximum Price Regulation No. 253 - Redwood Lumber and Millwork Price Determination ...................................................  15:25
Maximum Price Regulation No. 284 -Western Primary Forest Products Price Determination .............................................. .....	15:25
Transportation Charges ..................................................15:25
Maximum Price Regulation No. 290 - Sitka Spruce Lumber Applicability ................................ ............. 15:25
Maximum Price Regulation No. 293 - Stock Millwork Applicability .......................................................... 15:25
Brice Determination  ..................................................  15:26
Maximum Price Regulation No. 320 - Eastern and Central Wooden Agricultural Containers Price Determination ..................................................   15:26
Maximum Price Regulation No. 324 - Eastern Fence Posts Applicability..................................  .	. »................  15:27
Price Determination .... ..............................................  15:27
Maximum Price Regulation No. 338 - Aircraft'And No. 1 Sheet Stock
Veneer Applicability ................... •	............. ......... 15:27
Classification .....	    15:27
Maximum Price Regulation No. 348 - Logs and Bolts Applicability .........................................................  15:27
Price Determination .................................................    15:28
Maximum Price Regulation No. 381 - Stock Screen Goods Applicability........................................................    15:28
Price Determination....................................................  15:28
Maximum Price Regulation No. 402 - Western Red Cedar Lumber Price Determination....................................................  15:28
Maximum Price Regulation No. 424 - Tight Cooperage Stock And Sawed Tight Cooperage
Applicability........................................................    15:29
Maximum Price Regulation No. 432 - Northern Hardwood Flooring Price Determintation  ..............................................     15:29
xv:o
LUMBER, Continued.
Price Schedule or Regulation	Page
Maximum Price Regulation No. 458 - Oak, Pecan and Miscellaneous Hardwood Flooring
Price Determination ...................................................  15:29
Maximum Price Regulation No. 491 - Pressure Preservative Treatment of Forest Products and Pressure Treated Forest Products
Applicability .................... ..... .........................   ...	.15:29
Price Determination ..................................................   15:29
Maximum Price Regulation No. 501 - Hardwood Small Dimension Applicability ........................................................ .	15:30
Maximum Price Regulation No. 513 - Yellow Cypress Lumber Definitions ...........................................................  15:30
xv:d
MACHINERY
Price Schedule or Regulation	Page
General Applicability •..........................................  16:1
Maximum Price Regulation No. 1 - Second-hand Machine Tools Applicability . . . ......................................   .	. 16:2
Price Determination...........................................    .	16:2
Commissions • • ........................................... .......	16:3
Classification ..................... . . . 16:3(a)
Violations and Evasions .......................................    16:4
Definitions  ......................................................16:4
Records and Reports . .......................................  .	. 16:4
Price Schedule No. 67 - New Machine Tools. Applicability ..... ..................... . .................... .....	16:5
Price Determination .................................... ..........	16:5
Definitions................................................       .	16:6
Records and Reports .............................................  16:6
Price Schedule No. 82 - Wire, Cable and Cable Accessories. Applicability.............................................      16:6
Price Determination............................................    16:7
Records and Reports............................................... 16:7
Price Schedule No. 85 - New Passenger Automobiles. Applicability..................................................  16:7
Price Determination .............................................. 16:8
Taxes...........................................................   16:9
Maximum Price Regulation No. 133 - Retail Prices for Farm Equipment.
Applicability...........................................................  16:9
Price Determination	16:10
Violations and Evasions .... ........................................ 16:10(a)
Definitions .......................................................      16:11
Records and Reports ....................................	. .............16:11
Maximum Price Regulation No. 134 - Construction and Road Maintenance Equipment Rental Prices and Charges for Operating and Maintenance or Repair and Rebuilding Services.
Applicability ............................................ ....... 16:11
Price Determination ...... ............................... ..... 16:ll(a)
Taxes. •	............... . ........... 16:14(a)
Classification	......... • . • 16:14(a)
Violations and Evasions...................................    .	. . . 16:14(a)
Maximum Price Regulation No. 136 - Machines and Parts, and
Machinery Service* Applicability................................................    16:15
Price Determination •••.....•• .............................. .... 16:23(a)
Taxes.............................................................. 16:26(a)
Classification .	. ........................................ 16:26(a)
Violations and Evasions .................................. ........ 16:27
Definitions............................................................. 16:27
xvita
MACHINERY, Continued
Price Schedule or Regulation
Page
Maximum Price Regulation No. 246 - Manufacturers’ and Wholesale Prices for Farm Equipment.
Applicability..................................................   16:28
Price Determination •••••....................................••••	16:28
Maximum Price Regulation No. 341 - Maximum Prices for Used Commercial Motor Vehicles.
Applicability.................................................... 16:28
Price Determination	16:29
Classification •••.. ............................................ 16:29
Definition. .•••••••••• ........................... •	.......... 16:29
Maximum Price Regulation No. 375 - Sales of Used Industrial Sewing Machines and Rental Rates for New and Used Industrial Sewing Machines.
Applicability .............................................. 16:29
Maximum Price Regulation No. 452 - Manufacturers’ Maximum Prices for Automotive Parts,
Applicability .................................................    16:30
Maximum Price Regulation No, 453 - Wholesalers1 and Retailers’ Maximum Prices for Automotive Parts,
Applicability....................................................  16:30
Maximum Price Regulation No, 465 - Used Pressure Vessels and Used Enclosed Atmospheric Pressure
Vessels, Price Determination •	........ • • • • 16:31
Maximum Price Regulation No, 523 • Plastic Products, Applicability ................................................  16:31
xvi:b
NON-FERROUS METALS
Price Schedule or Regulation	Page
General Interpretations Prioe Determination •	......... ........ 17:1
Prioe Schedule No. 2 - Aluminum Sorup and Secondary Aluminum Ingot« Applicability............................................   17:1
Price Determination .................................................	17:1
Commissions ..........................>...............................17:1
Premiums •• . . ..................................... ...............	17:1
Taxes ..............................................................  17:1
Classification......................................................  17:1
Violations and Evasions .............................................	17:2
Maximum Price Regulation No. 3 - Zino Scrap Materials and Secondary Slab Zino.
Applicability..................................................	. . . 17:2
Prioe Determination .................................................	17:2
Definitions.........................................................  17:2
Prioe Schedule No« 8 - Pure Nickel Sorup, Monel Metal Scrap, Stainless Steel Scrap, Nickel Steel Scrap, and Other Sorup Material Con- • taining Nickel: Secondary Monel Ingot, Secondary Monel Shot, and Secondary Copper-Nickel Shot.
Applicability .................................................... 17:2(a)
Prioe Determination ••••«............................................ 17:3
Premiums ................................................  ........	17:3
Price Schedule No. 12 - Brass Mill Scrap.
Appl ioability.....................................................   17:3
Prioe Determination •••.............................................  17:3
Premiums....................................................  •••'•	17:4
Violations and Evasions . . . •....................................   17:5
Price Schedule No. 15 - Copper. Applicability......................... • .................  17:5
Prioe Determination ...... . •• ................................«••«.	17:5
Commissions . . . ....................................................17:5
Prioe Schedule No. 17 - Pig Tin. Price Determination • . ... • ...........*. . . . 17:8 Violations and Evasions . •...............................  17:6
♦
Maximum Prioe Regulation No. 20 - Copper Scrap and Copper Scrap Alloy.
Applicability.......................................................  17:6
Price Determination .........................................••••••••	17:6
Premiums .......................................................    •	17:7
Classifications ............................................   ......	17:7
Definitions ....................... ......	............... . • • • 17:7
Violations and Evasions..........................................  ..	17:7
xvii:a
NON-FERROUS METALS, Continued.
Price Schedule or Regulation	Page
Price Schedule No. 69 - Primary Lead. Applicability............................................    17:7
Price Determination ••••.......................................	17:8
Premiums.....................................................    17:8
Maximum Price Regulation No. 70 - Lead Sorap Materials; Secondary Lead; Battery Lead Scrap; and Primary and Secondary Antimonial Lead.
Applicability.................................................	. 17:8
Price Determination . .......................................    17:9
Commissions ...... ....... .............................. •••••	17:10
Violations and Evasions.......................................  17:10
Definitions.......................".............................17:10
Price Schedule No. 71 - Primary and Secondary Cadmium. Price Determination •••«. .......................... ......	17:10
Price Schedule No. 81 - Primary Slab Zino. Price Determination-Taxes  ...............................17:10(a)
Classifications . .......................................... 17:10(a)
Maximum Price Regulation No. 125 - Non-Ferrous Castings. Price Determination.....................................  17:10(a)
Maximum Price Regulation No. 126 - Fluorspar. Price Determination......................................   17:11
Maximum Price Regulation No. 198 - Imports of Silver Bullion. Applicability  .............................................. 17:11
Maximum Price Regulation No. 258 - Chrome Ores. Violations and Evasions  .................................. 17:11
xvii:b
PAPER AND PAPER PRODUCTS
Price Schedule or Regulation	Page
Maximum Price Regulation No, 30 - Wastepaper Applicability  ............................................  18:1
Price Determination	...... ...... 18:2
Commissions ..................................  ,	................18:3
Premiums • •*•••••••.•..........................................  18:4
Classification...............	. . , ...........................  18:4
Violations and Evasions.........................................  18:4
Definitions ••••• ............................................... ,	18:5
Records and Reports , ..........................................  18:5
Price Schedule No, 32 • Paper board Sold East of the Rocky Mountains
Applicability	....... 18:5
Price Determination ......................................  .......	18:6
Commissions...............................  .	...................18:7
Classification , .............................................    18:7
Violations and Evasions .............. . ................... ......	18:7
Records and Reports •• .................................. .........	18:7
Maximum Price Regulation No. 47 - Waste Rags, Waste Ropes, and Waste Strings Applicability • ................................ ................	18:7
Price Determination................. V •••••• .................	. 18:8
Premiums . • ..................................... ...............18:8
Definitions ••••................................................  18:8
Maximum Price Regulation No, 114 - Woodpulp Applicability •••••• ............................. ...............	18:8
Price Determination - Taxes .......... . .............. .......	18:8(a)
Violations and Evasions ........................... ...........	18:8(a)
Maximum Price Regulation No. .129 - Miscellaneous Paper
Products
Applicability . .............................................. 18:8(a)
Price Determination .......................................... 18:8(b)
Maximum Price Regulation No, 130 • Newsprint Paper Applicability ••••••. .................... . ........... ••••••	18:8(b)
Price Determination , ............................... .........	18:8(b)
Definitions . .......... ................................. ........	18:9
Records and Reports , • . .....................................   18:9
Maximum Price Regulation No, 140 - Sanitary Napkins Price Determination...........>	..........................  18:9
Maximum Price Regulation No, 182 - Kraft Wrapping Papers and
Certain Bag Papers and
Certain Bags Applicability «•••..........................................  18:9
Violations and Evasions *••.••••• ............................... •	18:10
Maximum Price Regulation No, 187 - Certain Paperboard Products Applicability.............................................  18:10
Price Determination •••••• ............................... ••••••••	18:11
Maximum Price Regulation No, 225 - Printing and Printed Paper Commodities
Applicability «••••••••••• .................................. •••••	18:11
xviii:a
PAPER AND PAPER PRODUCTS, Continued
Price Schedule or Regulation
Maximum Price Regulation No, 225 • Printing and Printed Paper Commodities, Continued
Price Determination • •••••••................................^8:13
Records and Reports	1®:14
Violations and Evasions • • • . ...........................  18:14
Maximum Price Regulation No, 257 - Pulpwood Produced in or Sold into the States of Minnesota, Michigan, and Wisconsin
Applicability • •••••••••• ......................... • •	18t14(a)
Commissions • • ............ ....... ............... ......	18:15
Violations and Evasions..................................• • 18:15
Maximum Price Regulation No. 266 - Certain Tissue Paper Products Applicability ••• ................... • •••••••••••• 18:15
Price Determination • ••••••••••••••. .................. ••	18:15
Maximum Price Regulation No, 307 - Waxed Paper Price Determination ................... .......... 18:16
Maximum Price Regulation No. 344 • New Cotton, Linen and Underwear Cuttings
Applicability . ................................J......I8»1®
Maximum Price Regulation No, 349 - Distributors’ Maximum Prices for Certain Coarse Paper Products
Applicability \	•............•	• 18:16
Price Determination ••••«•••••••••*••*••••• 18:16
Definitions • • • • • .............. •	•••,•••••♦ • 18:16
Maximum Price Regulation No, 359 - Certain Converted Paper Products
Price Determination • ••••••••••••••••••••• 18:17
Maximum Price Regulation No. 361 - Pulpwood Produced in or Sold into the States of Maine, Vermont, New Hampshire and New York
Price Determination •••••• ............ ........... 18:17
Classification • ••...••• ............. .......... 18:17
Maximum Price Regulation No. 365 - Wood Matches and Resale Book Matches
Applicability ••••••••••••«•••• ...................... 18:18
Classification ..............................."•.......I8«18
Maximum Price Regulation No. 369 - Dry Roofing Felt Applicability ••••••••'•.............................10:18
Maximum Price Regulation No. 387 • Pulpwood Produced in the States of South Carolina, Georgia, Florida, Tennessee, Mississippi, Alabama and Louisiana East of the Mississippi River
Price Determination ... • • • • ... • • . .. ........  18:18
Taxes .............................................    18:18
xviii:b
PAPER AND PAPER PRODUCTS, Continued
Price Schedule or Regulation	Page
Maximum Price Regulation No. 449 - Groundwood Specialty Papers Applicability ................................*........... 18:19
Maximum Price Regulation No. 459 - Gummed Kraft Sealing Tape Applicability . .......................................... 18:19
Maximum Price Regulation No, 484 - Unwashed and Washed Wiping Cloths
Applicability ...........................»................ 18:19
Price Determination • ••••.••• .................. ••••	18:19
xviii:c
PETROLEUM AND PETROLEUM PRODUCTS
Price Schedule or Regulation	Page
Price Schedule No. 42 - Paraffin Wax. Price Determination..................................................19:1
Maximum Price Regulation No. 88 - Fuel Oil, Gasoline, And Liquefied Petroleum Gas.
Applicability........................................................19:1
Price Determination..................................................19:3
Commissions..........................................................19:7
Classification...................................................	. 19:7
Violations and Evasions...........................................   19:7
Definitions.....................................................     19:7
Records and Reports..................................................19:7
Maximum Price Regulation No. 137 - Petroleum Products Sold At Retail Establishments.
Applicability ....	... . . ....................................19:7
Price Determination................................................  19:8
Classification.......................................................19:9
Violations and Evasions ...........................................  19:9
Records and Reports..................................................19:9
Maximum Price Regulation No. 323 - Asphalt and Asphalt Products. Applicability............................ .......................19:9
Price Determination................................................  19:9
Maximum Price Regulation No. 436 - Crude Petroleum, And Petroleum And Natural Gas. Applicability....................................................  •	19:9
Price Determination ............................................    19:10
Maximum Price Regulation No. 510 - Lubricating Oils, Greases, And
Certain Other Petroleum Products.
Applicability.......................................................19:11
Price Determination...............................................  19:11
xixra
RUBBER
Price Schedule or Regulation
*222.
Price Schedule No, 56 - Reclaimed Rubber. Applicability..........................................   20:1
Records and Reports........................................  ..••••	20:1
Price Schedule No, 87 - Scrap Rubber, Applicability ,.,. ... • • . • • • ... • ...............  20:1
Price Determination............................................    20:1
Maximum Price Regulation No, 119 - Original Equipment, Tires And Tubes, Applicability ... .............. • ••••. ................. •••»•	20:2
Maximum Price Regulation No, 131 - Camelback and Tire And Tube Repair Materials, Price Determination ............................................ 20:2
Classification .............................. .. ............ .....	20:2
Records and Reports ...............................................	20:2,
Maximum Price Regulation No, 143 - Wholesale Prices For New Rubber Tires and Tubes.'
Applicability .......................................................... 20:2(a)
Violations and Evasions .......................... •••..	............... . 20:2(a)
Maximum Price Regulation No, 149 - Mechanical, Rubber Goods.
Applicability •• ..................... ........	............. 20:3
Price Determination.......................................     20:3
Definitions ,.•••• ........................ .........	........ 20:3
Records and Reports .......................................    20:4
Violations and Evasions ............. ...................... 20:4(a)
Maximum Price Regulation No. 200 - Rubber Heels, Rubber Heels Attached, and Attaching of Rubber Heels,
Applicability ................ ............................ ...,	20:4
Price Determination ...............................••••••........20:4
Maximum Price Regulation No, 220 - Certain Rubber Commodities.
Applicability ••••••••••• ...................... • ............. 20:4
Price Determination	20:4
Taxes  .......................................................   20:5
Maximum Price Regulation No, 300 - Maximum Manufacturers’ Prices For Rubber Drug Sundries,
Applicability ...........................................    .	. 20:5
Price Determination • • • ...................• •...............  20:5
Taxes	.....................•....................	20:5
Definitions ...................................................  20:5
Maximum Price Regulation No, 301 - Retail and Wholesale Prices for Rubber Drug Sundries,
Applicability •«••••.••••.,.•. ................................. 20:6
Marking and Posting , ........................................   20:6
Maximum Price Regulation No, 403 - Certain Rubber Commodities Purchased for Governmental Use,
Applicability .................................................  20:6
xxta
Price Schedule or Regulation	Page
RUBBER, Continued
Maximum Price Regulation No, 435 - New Bicycle Tires and Tubes.
Price Determination ............ ........... .................... 20:6
Maximum Price Regulation No. 477 - Sales of Rubber Heels and Soles in the Shoe Factory and Home Replacement Trade.
Applicability . . ............................................... 20:6
Maximum Price Regulation No. 528 - Tires And Tubes, Recapping And Repairing.
Applicability ................................................ 20:7
Price Determination ............................................ 20:7
Taxes	......................................... 20:8
Classification ................................................. 20:8
Violations and Evasions......................................... 20; 8
xx tb
Prioe Schedule or Regulation	Page
SOLID FUELS
General Interpretations ........ ........................... ....	21:1
Compensatory Adjustment Regulation No. 1 - Wartime Increases in the
Cost of Transporting Bituminous Coal.
Eligibility for Compensation............................................21:1
Bituminous Coal Delivered from Mine or Preparation Plant............... , 21:2
Adjustable Pricing Agreements . . . ......... ..........  .	. . . . . . . 21:2
Applicability........................................ .	...............21:2
Classifications and Size Groups......................................  .21:4
Computation of Maximum Prices .......................................... . 21:4
Effect on Contracts..................................................  .21:5
Crushed Coal .... ......................................................21:5
Distributors ........ ........................................... . ... 21:6
Export Coal.......................................................  ....21:7
Interest ............................................................   21:8
Mixed Coals . ..........................................................21:8
Protests - Procedural Regulation No. 1 . . . ...........................21:8
Rail Shipments .......................................................  21:8
Railroad Fuel ..........................................................21:9
Reports............................................................  ...21:9
Retail Transaction..................................................   21:10
Sales Agency......................................................     21:11
Smithing Coal..........................................................21:12
Special Services ..... ..............................................  21:13
Taxes................................................................  21:15
Trade Discounts • .................................................    21:16
Transportation Costs ................................................21:16
Maximum Price Regulation No. 120 - Bituminous Coal Delivered from Mine or Preparation Plant
Applicability ......................................... ..............	21:18
Price Determination..................................................  21:18
Maximum Price Regulation No. 121 - Miscellaneous Solid Fuels Delivered
From Producing Facilities Applicability ...........................'.....................21:18
Price Determination • ...............................................•	21:19
Maximum Price Regulation No. 122 - Solid Fuels Sold and Delivered By
Dealers Applicability ..............................................    21:20
Price Determination..................................................  21:20
Taxes................................................................  21:24
Definitions ..... .................................................... 21:24
Records and Reports.................................................   21:25
xxi :&
SERVICES TRADES
Maximum Price Regulation No. 165	Page
Services Applicability ...............	•............  22:1
Price Determination ................. ....	22:5
Records and Reports ....... ..............	22:7
Exemptions ............ ............   ..22:7
xxiita
REGULATIONS OF GENERAL APPLICABILITY
Price Schedule or Regulation	Page
Maximum Price Regulation No. 188 - dianufacturers ’ Maximum Prioes For Specified Building Materials and Consumers* Goods Other
Than Apparel. Applioability ...........................................  26:1
Price Determination....................................... 26:3
Classification ... ............. ......................... 26:5
Definitions.............................................   26:5
Records and Reports .....................................  26:6
Maximum Price Regulation No. 204 - Special Sales of Industrial Materials. Applioability................................................   26:7
Price Determination......................................  26:7
Classification ........................................    26:8
Maximum Prioe Regulation No. 210 - Retail And Wholesale Prioes For Fall And Winter Seasonal Commodities.
Applioability ............................................  26:9
Prioe Determination ..•••................................  26:10
Transportation . ..........................................26:13
Definitions............................................    26:13
Records and Reports......................................  26:13
xxvi:a
TABLE OF CONTENTS
DIGESTS OF INTERPRETATIONS