October 1951 COMMERCIAL FISHERIES REVIEW

FEDERAL ACTIONS

Department of Commerce NATIONAL PRODUCTION AUTHORITY

41

C;U; ORDER (M-25) REVISED: The revised can order (M-25), which goes into ef­fect on October 1, makes three major changes in the original can regulfl.tion:

1. PUTS QUOTAS ON A 12-MONTH, INSTEAD or A QUARTERLY BASIS.

2. DIVIDES ALL USES OF CANS BY CANNERS INTO THREE GROUPS, INSTEAD OF TWO.

3. FORBIDS CANNERS FROM SWITCHING THEIR CAN QUOTA FROM ONE PRODUCT TO ANOTHER.

Under the new revised order, the quotas for many fishery products have been re­vised j however, the use of cans for most major items has not been curtailed.

The NPA order amended by that agency on August 23 also:

Eliminates manufacturing and delivery preferences for cans, except with re­spect to DO-rated orders and any other orders under NPA directives.

Eliminates restrictions on the use of cans and parts of cans made entirely of black-plate rejects, tin-plate waste, or terneplate waste.

States that all adjustments or exceptions authorized with respect to 1951 not heretofore discontinued or terminate'd, including adjustments made pursuant to Direction 1, shall expire and terminate not later than December 31, 1951.

Is effective, unless otherwise amended, from October 1, 1951, to September 30, 1952.

Continues the previous requirement that a packer choose as his base year either the calendar year 1949 or 1950.

Prohibits a packer, unless authorized by NPA, to use cans for packing in ex­cess of an amount of cans determined by applying the percentage for the product to the amount of cans which he used for packing that particular product during the corresponding quarter of his selected base year.

Permits the packers of "unlimited" products to use cans in unlimited q,uantity to pack that particular product.

f'rohibits a ventory exceeds of his currentl~

packer from accepting delivery of any cans at a time when his in­or the delivery would cre&te, a practicable minimum on the basis scheduled method and rate of delivery.

Allows a packer who used less than the limi~d amount of cans permitted for packing a ~articular :p.rod.uc.t dur.iD.& the. !.1r.a.t .. s.e..c..QIld, Of third q,uar.tar of. 1951

Cru.::.zRChL ~IspERIES REVll'S Vol. 13. 0 0

t _se .~e ~~sed ~~~t fo= acking that ~roduct at any t~e during the balan~ of t~e Blendar year 1951.

?er.!.i ts a raCAer ;ho use s Ie ss the.n the l i n:i ted amo'.mt for a parti cular p ri g either t!le first or second quarter of 1952 to use the unused amount

ster perio~ but no later than September 30 , 1952.

Pro :bits a packer from assigning, tr1:.nsferring, or surrendering to. or for .~ ene it c:' , any other parson any part or part s of h is permissable can quota

for any eele dar quarter.

Exerr: ts frO!:. tn!s order any person who purchases cans for packing and not for resale whose total use for packing all product s in any calendar year is les8 than 250 base boxes of tin plate , terr..eplate, and black plate. A packer in this cate50ry must , hOv.Ever, con.ply in full with the material specification of this order.

Exen:pts orde rs ~aving a DO rating froffi the inventory and quantity liltits of this order.

oe s not apply to the sale or de livery of cans where the person selling or delivering the same has received a validated irr;port license from the Office of International Trade or has received from another person a certificate signed mana: ally.

Rb'luires, as did the previou s Order M-25, that a manufacturer, jobber, or distributor sell or deliver cans only when he has received from the purchaser a certificate signed Qanually.

~uotas established for some fishery products by the revised order indicate that the quota for fish and seafood (frozen or refrigerated) waS increased from 100 percent to unlimited, \..nile the quotas for the following \\Ere reduced from 100 percent to 90 percent: chowder (all varieties), clam juice (1 gallon and larger cans) , crab and crabmeat (deviled), crawfish, finnanhaddie, fish balls an1 cakes, fish frankfurters , fish livers, fish oil, fish paste, mullet, mussels, rocessed mussels , processed scallops, squid, and turtle. The following were re­

duced from 100 percent to 70 percent: clam juice (under I-galIon-sized cans), lobster (processed or newberg), and menhaden.

The fu:l text of M-25 follows (but only fishery th origlnal Schedule I in the order):

1-25- CA. 5

r.m nded 01 d r IS found necessary ppropriatc to promote the natIOnal e a d I ued pur uant to au-

t:dect Au st 7. 195 1. shall remain in full force and etrect until this amended order (hereinafter referred to as "this order") becomes elIectlve on October 1. 1951.

This order alIects NPA Order M-25. as amended July 1. 1951 . and Amendment No. 1 thereto. as follows : It establishes three separate groups of products. with new quotns of cans for the packmg thereof which may be accepted and used by p clters: It elIminates manufacturing nnd delivery preferences for cans except '\I.'lth resp ct to DO rated orders and any oth r orders under NPA directIVes' It

lm nates restnctlOns on the u e of c~ns n d parts of c ns made entirely of black plate r jects ltn plate ",aste. or terne­pI tf' '\I.·aste; it mcludes n~w provisions

tl that all adJu tments or excep-

tlons authOrized with respect to IV not heretofore discontinued or ttnn nated. including adjustments made p suant to Direction 1. shall exp I't 1111 terminate not later than Ot'cemMr 3 I 1951' and It makes provisIOn tor t fourth quarter of 1951. and for the fin; second. and third Quarters of 1952 Tb order Includes all provl5lona .1fee cans (as herein defined ) ex~pt DtrtCnd tlon 1 to NPA Order M-25. u &me ).fay I, 1951. Bec.

1. What tbls ord~r doee. 2 . o.,dnlt1ons. II . R~6trlct1ona on UM o! cana. 4 , Other r~.trlct1on.. til I &, ~trlct1onl on am<7Unt ot callt •

be f\CCtptNI. till' _ e R lrlctJolJ. 00 amount of calli

~ ~d tor packle

October 1951

sr.·certaln aiSJustments and tbelr termina-tion.

8. Restrlcttons on can manu!acturel'tl. 9 Exception •.

10' Cert11!catlon or delivery ot cans. 11: ApplicatiOns tor adjustment or excep-

tion. 12. Records and reports. 13. communications. 14. Violations.

AUTHORrrT: Sections 1 tQ 14 Issued under sec. 704. 64 stat. 816, as amended; 50 U. S . C. App. Sup. 2154 . Interpret or apply sec. 101. M Stat. 799, as amended; 50 U. S . C. App. Eup. 2071 , sec. 101, E. O. 101M, Sept. 9, 1950. I~ 1'. R. 6105, a CFR, 1950 Sup., 500. 2. E. O. 10200, Jan. 3, 1951, 16 P. R. 61.

SECTION 1. What this order does. This order places restrictions upon the ac­ceptance of, the delivery of. and the uses of cans. Scl:\edule I sets out required plate specifications which vary accord­ing to the produ9ts packed. NPA Order 14-24 permits the use of tin plate and terneplate for cans in accordance with the tenns of this order. NPA Order M-8 sets forth speclfications for solder that may be used in the manufacture of cans. Under the Controlled Materials Plan (eMF), allotments of tin plate. terne­plate, and black plate are made to can manufacturers for the production of cans.

SIC. 2. Def!niti01t$. As used in this order:

(II) "Can" means any unused con­tainer made In whole 01' in part of tin jllate, terneplate, or black' plate,. which Is suitable for packing any product. The term Includes l\ny container which ha.s a closure or fitting. made in wbole or in part of tin plate, terneplate, or black plate, but doeS not include a glass con­tainer having such a closure or tIttlng. The term does not include lluid milk shipping containers. nor crown closures fOr cone-topped cans. .

(b) "Tin plate" means steel sheets coated with tin, and includes "primes," "seconds," and all other forms of tin .Jllate, except waste and waste-waste.

(e) "Terneplate" means steel sheets -coated with. terne metal and jncludes "'primes" and "seconds." • The term does :not include terneplate waste, or teme­a>late waste-waste. "Terne metal" means -the lead-tin alloy used as the coating :for terneplate, but does not include lead. .. ecovered from secondary sources, which :~tams less than 1.5 percent residual

(d) "SCMT" means special coated lIIlanufacturers' terneplate.

(e) "Waste" means scrap tin plate or !!Crap terneplate (Including strips and Cllrcles) produced in the ordinarY course CDf manufacturing call8, or tin plate striPS or terneplate strips produced in the or<11-111&11 course Of manufacturing ~ plat. ~r terneplate. The term also includes

In plate or terneplate parts recovered !from Used cans.

(f) "Waste-waste" means hot-dipped or electrolytic tin-COR ted steel sheets or steel sheets coated with terne metal ~hlch have been i'ejected during process-.ng

tby the producer because of imper­

ec lOns which disqualify such sheets rom sale as primes or seconds.

CO:rv:w.:sRCLu, FISRERIES REVIEW

(g) "Black plate" means steel sheets (other than tin plate or terneplate) 29-gage (128 pounds ) or lighter. The term inclt,1des can manufacturing quality black.plate (CMQ). "black plate rejects," chemically treated blaA:k plate (CTBl . waste-waste. and waste.

(h) "Pa~ker" means any person who either (1) purchases empty cans and fills such cans i1l pac.king any product or (2) purchases empty cans and has them filled for his account by another party. but who controls sale and distribution of the finished product after packing.

(1) "Person" means any individual. corporation, pa.rtnership, association, or any other organized group of persons. and includes any agency of the United states or any other government.

BEC. !. Re$trictions on use of cans. Subject to the exceptions set forth 1n section 9 of this order. no packer l!hall purcllase. accept delivery of. or use cans tor any purpose other than for packing. in accordance with the groupings, the quota. per~entage limitations. and the 'ca.n material speclfications set out in Schedule I appearing at the end of this order. a product listed in Schedule I.

SEC. 4. Other restrictionl. No person shall manufacture, sell. or deliver cans which he knOws or has reason to believe will be accepted or used in violation of the terms of this order or allY other order or regulation of the National Production Authority (hereinafter called "NPA"). No person shall sell or deliver cans wWch be knows or has reason to believe will be exported outside of the continental lim­its Df the United states, its territories and possessions (unless such export is to Canada) . except as permitted under paragraph (i) of section 9 of this order.

SZC. 5. Restrictions on amount of cans that may be accepted.. No person shall accept delivery of any cans at a time when his inventory thereof exceeds, or by acceptance of such deli~ery would be made to exceed. a. practicable minimum working inventory of cans required by him for packing products listed in Sched­ule I of this order in accordance with the provisions of said Schedule L As used herein "practicable minimum working inventory" means the smallest quant1ty of C&IlS with which a. person can reason­ably meet his deliveries or supply hiI

.lel'Viees on tile basis of his currently scheduled method t1.nd rate of operation.

SEC. 6. Restrictions on amount of ca1l;s that may be used JOT packing. (a) ~hlB order. by previOUS amendments. reqUlred a packer, commencing wlth .the second quarter of 1951. to choose as hlS base year either the calendar year 194.9 or the cal­endar year 1950. Such reqUlrement con­tinues to apply to all packers. Any packer who has so cho~eIl: his base year for computing his permlsslble can quotas for a calendar quarter, and any packer who has not heretofore chosen but here­after chooses a base year. for such pur­pose must predicate on hlS base year so chos~n all computations required by paragraph (b) of this section for the four th calendar quarter of 1951 and for all succeeding quar~ers through the thrrd calendar quarter of 1952.

J

(b) During the fourth calendar quar­ter of 1951 and each calendar quart r thereafter, to and including the third calendar quarter of 1952, no packer, un­less or until otherwise authorized by NPA, may use cans for packing any par­ticular product listed in Schedule I of this order in excess of an amount of cans determined by applying the per­centage listed in Column (2) of SChedule I opposite a particular product to the amount of cans which he used for pack­ing that particular product during the corresponding quarter of his selected base year. "The amount of cans," as the phrase is used in the preceding sen­tence and elsewhere in this order when applied to'the corresponding quarter of his base year, means the total area or tonnage of tin plate, terneplate, and black plate (excluding the area or ton­nage of tin plate waste, terneplate waste, and black plate rejects) used in the manufacture of such cans and parts of cans. Where the word "unlimited" ap­pears in Column (2) of SChedule I op­~osite a particular product, a packer may use the specified cans in an un­limited quantity to pack that partlcular product, subject to the inventory restrlC­tion contained in section 5 of this order. If a packer used less than the limited amount of cans permitted for packing a particular product during the first, sec­ond, or third quarter of 1951, he may, unless otherwise directed by NPA, use the unused amount for packing that par­ticular product at any time during the balance of the calendar year 1951. Com­mencing with the first calendar quarter of 1952. if a packer uses less than the limited amount of cans permitted for packing a particular product during either the first or second quarter or 1952, he may, unless otherwise direct.ed by NPA, use the unused amount for pack­ing that particular product durmg a later period but in no event aiter Sep­tember 30, 1952. No packer may assign, transfer or surrender, to or for the bene­fit of a~y other person, his permissible can quota for any calendar quarter or any part or parts of such quota.

(c) In certain instances Column (2)

of Sc.hedule I of this order authorizes one quota if a particular product lS packed in cans of a larger- size or sizes and a ditIerent quota. if such product is packed in ca.ns of smaller" size or SIzes. In such instances, the packer's ba period usage for-po.tlliDi that product jn cans of larger aaa or stzes determinES his permitted base for packing such product in such larger size or sIzes dur­ing the fourth quarter of 1951 and there­after and his base period usage for pack­ing s~ch product in cans of smaller size or sizes determines hlS permitted base for packing such product in such smaller size or sizes during the fourth quarter of 1951 and thereafter.

SEC. 7. Certain adjustments and th r termination. In any ca e where pr or to December 31, 1951, the proviSiOns of section il of this order may be sub e to adjustment because of any cf the r set forth in D rection 1 to PA 0 M-25 as amended May 1 1951 or from'time to t1llle hereafter am nd d.

44

determinations of adjustmen ts efl'ectlve until a date not later than December 31. 1951, may be made by the packer In ac­cordance with the standards and subject to the conditions stated In said Direction 1: Provided, however, That aU adJust­ments, exceptions, and grants author ­ized by NPA with respect to any portion of the calendar year 1951 which have not heretofore expired, terminated, or been discontinued, Including any adjust­ments made pursuant to said Direction 1, whether as issued March 12, 195 1, or as amended May 1, 1951, or as hereafter amended, shall expire, terminate, and be discontinued as of December 31, 195 1, unless the same sooner expire or termi­nate by their own terms or are discon­tinued by appropriate action of NPA. and upon the expiration, termination, or dis­continuance of any adjustment, excep­tion, or grant. no packer shall rely upon, claim the benefit of, or use the same as a basis for his acceptance or use of cans: Provided further, That In any case where the provisions of section 6 of thiS order may be subject to adjustment with re­spect to the year 1952 because of any of the reasons set forth In Direction 1 to NPA Order M-25, as amended May 1, 1951, or as from time to time thereafter amended. determinations of adjustments may be made by the packer after Janu­ary I, 1952, In accordance with the stand­ards and subject to the conditions stated In said Direction 1.

SEC. 8. Restrictions on can manufac­turers. So far as practicable, every can manufacturer shall schedule his o'pera­tions (including his ordering of tin plate, terneplate, and black plate) so as to per­mit delivery of cans in the Quantities and at the times he reasonably antici­pates will be required to bring about full deliveries as permitted in Schedule I of tqis order for packing products listed in each of the Groups, I, II, and m. In any event, he shall schedule hiS opera­tions to insure delivery for aU DO rated orders and any other orders under NP A directives.

SEC. 9. Exceptions. (a) The can ma­terial speCifications set out In Schedule I of this order do not apply to the use ot any cans which were in the inventory ot a packer or in the inventory of a can manufacturer or in process of manuf9.c­t ure on January 27, 1951, or to tin pla te or terneplate which was either in proc­ess at a tin mill, or in the inventory of a tin mill for the account of a can man­ufacturer, or in the inventory of a. can manufacturer, on January 27, 1951. It is the intent of this paragraph tfiif any tin plate or terneplate intended for use ' in the manufacture of cans in inventory or in process on January 27, 1951, as aforesaid, shall be used notWithstanding the can material specifications of t h is order. However, the restrictions of sec­tion 6 of this order are not excepted by this paragraph.

(b) The restrictions and limitations of this order do not apply to cans or parts of cans made entirely of t in plate waste or terneplate waste :Jr black plate rejects, or entirely of any combination thereof.

(c) Any person who purchases cans for packing and not for r esale and whose

COJoaiERCIAL FISHERIES REVJEW

total use of cans for packing all products In any calendar year reQulres leM than 250 base boxes of tin plate, tcrneplate, and black plate shall be ex mpt from thc use limitations ot 8 ctlon 6 of th1B order but not from the cnn mnterlalsJ;lCc­Iflcniions ot Sch dule I of thl.s ord r. ThJa cxemptlon do s not apply to any person who buys empty can.s or parta t hereof nnd sells such can.s or parLs ther eof to a packer, • ( d ) The u llmlta tlol1.'l at s etlon 6 of this order and th e ca.n materia.l l!peel­ficatlons In Schedule I do not apply to enns used to pack any product In home cannlnK, community ca nning, or Institu­tional (meanlng such Institutions M prisons, r eform school, nnd l.nsane asylum ) canning where the product Is n ot to be sold. T~ls ex mp on also ap­plies to cn~ for r-acklng laboratory IIBm­pIes and control mpl , but not to cans for packing samples distributed for the purpose of advertlslng or tor promotln the sale of a product, nor to a ny cans u.ed for p cking products v. h ch are lIter repacked nd sold.

(r) Orders hnylng a DO rating re ex­empt from the re trlctions In cttons 5 and 6 of thIS order on the mount of cans that may be accepted and

If) The u e of c ns for p eking any product which 8 required to be p cked in cans, set aside, and res ryed tor pur­cha e by any authorized Government agency Is exempt trom the usc lI1I1J ta ­tlOns of this order. but not from the can mateTlal spec11lcatlons In chedule I of this order; Provided. howe cr, T hat whenever the product 0 to be packed by a packer. set aside, and ro erved for purcha e by any authorized Government agency any vne of the follo\; lng:

Bean!, lima. Beans, string Carrots. Catsup. Corn. PelUl .

Eplnacb .. Sweetpc' toe1'I To aIR.> Tomato Juice. Tomato peate. Tomato puree.

then all or any No 10 cans or larger , or any part or parts thereof. which the packer uses for packing that produc t, whether all or less than all of his pack in No. 10 cans or larger of that product is so set aside and reserved, may be made of 0.50 electrolytic tin plate instead of 0.25 electrolytic tin plate In any r espect for which 0.25 electrolytic tID plate ls prescribed by the applicable can material specifications In Schedule I of this order.

(g) The can material specifica tions set out in Schedule I of t his order shall n ot apply to orders having a DO rating requiring the packing of products In ac­cordance ~ith Military Specifications of t he Department of Defense fo r use out­side the 48 States of the Uni ted States I a nd the District of Columbia by the Armed Forces of the Uni ted S ta tes, in­cluding the United S tates Coast Guard. Th e can material specifications set out in 'SChedule I sh all apply, however, to all other orders h aving a DO rating.

ih) The restrictions of this order shall -not a.pply to mili tary requirements for cans of a special design or style not nor­mally produced or used commerCially, nor to cans for emergency rations and supplies for lifeboats.

(i) The proVisions of this order shall not apply to the sale or delivery of cans

Vol. 13. No. 10

whe{c thl! person aeDflla or cIeII.a_ the sam~ has retelved a YalkIated ftIIOrt llc(' e therefor from Ule omce of ID­t rnattonnl Trade, or baa rece1Yed fraa. another person a cerWk:ate IIcDecI manu lly. ThIJ certl1lcate iliaD be .", I tt r In Bub tantla.lly the followlnl form the Inapplicable wordl ItrtcteD tbere­from. and hall be filed with eICh par_ ch order .... lh the penon.um, or dellvcrln to uc~ oUler IlCI'IIOD cans fo .. export : T o _______ ____ - .--- ----___________ , 8e\Ier TIl UDCI eel purcbAKr CVUAe., 1Ubjee1!

to crlmtnal pen&1Uee for zm-sn-nta­tlOD. that (b r_hed a C81IIIcatloo 1 rom an ~r paaon \bat) tile 0IIce O!I I. rna Ional Tnde baa luued to (him, ( Iu cb h r penon valJ4a1e4 apart ll-c o. ________ for ~aport IIIIpment en!

II of t~ ltelDl InclUded In tile aRacbed pur r. &nd that all parchueIa t rom ,au of Ilema Inc! udad In tile I&Id P cb Ol'Cltr aDd the acceptance of tile aam UI be tn pilaDCII WIth tile I81d

Idated export lIceme

In c of e port to those countries where lh Offic of International Trade Q not require an exJ)Ort llcenae, lII» e r 'ocate 6h II be req red unUi sucm t me as a n xport license Is requlred b,. t he 0 ce df International Trade.

Sr:c. 10. Ctrt iJlcatlQ1l of delrt1try 0" C4Tl.f. 0 m nUCac urer, jobber, or dls­tributor sh 11 11 or dellYer cans l1IlIesI h e has r c Ivcd Crom the purchaser a­c rtificate gned manually. ThIs cer­tl flea te U be by 1 ttn In robl!taDtlallr the follo\\ Illg Corm and. once filed by a. purchnur with a m nulaeturer. jobber~ or dls tnbutor, covers all future dellveries. oC cans trom the manufacturer, jobber. or distributor to that purchaser: T o _______ ___ __ ________ • lI1&IIutKtUrW. job-

ber , or d1strtbutor ' The und~ 19n(o(\ parchuer certlJlel, IUbJect

to criminal pen &1Ues for DUlltpreotDta-tlen, tbat he tamlll&r.nUl Order 11-25 lbe N t lonal Pr uctlon Authority. an" tha t aU purcb from you of Items regu _ la ted by t hat -dtr. d the acceptance an,= us.. 01 t he me by the undentgned. wU_ be 10 ccmpll ce h sald order and anli amendmen ts tht~

SEC. 11. ApplICatIOn! for iU11IUtmen-01' exception . An..v person a!ect..od b!i' IUlY proVl.SlOn of this order may file a request for adjustment or exception upoc:. the ground that his business operation was commenced during or after t.t!C base period. that any pt'Ovlsion otherv;!SEe works an undue or exceptional hard­shlp upon him not suJIered generallY b~ others in the same trade or mdustJT. or that its enforcement against hm::l would not be ill the interest of the nat;' tiona! de! ense or in the public Interes -i In examining requests for adjustmen claiming that the public interest IS preJ­udiced by the application of anY =~ sion of this order, coDSlderatlOn blill: given to the requirements of the pu d health and safet.y, civilian defense, :_ dislocation of labor and res~t~e de­employment that would IlIlPall'sh II b.e fense program. Each request NP~-3JIl in writing, submitted on Form II r­in triplicate, and shall set forth ~ r~e:i tinent facts and the nature ?f ~catiOI:1 sought, and shall state the Jus t be ex.­therefor. Form NPAF-38 mus ecuted as therein required.

October 1951 COW.ZRCIAL FISHERIES rtEVIEV;

SEC. 12. Records and r epor t s. (a) I (c) Persons subject to this order shall Each person participating in any trans. make such records and submit such re­action covered by this order shall retain ports to NPA as It shall require, subject in his possession for at least 2 years I to the terms of the Federal Reports Act reoords of receipts, deliveries, inven- of 1942 (5 U. S. C. 139-13£F) . toi"es, and use, in sufficie~t detail to .SEC: 13. Communications. All commu­permit an audit that det~rffil~es for eac~ I rocatlOns concerning this order shall be transactlOn that the PlOVISIOns of t his addressed to the National Production order have been met. ThIS d?es Authority, Containers and Packaging Di. not specify any -partlc~ accountmg vision, Washington 25, D. C. , Ref: M-25.

NOTE' All reporting and record-keeping re­qUIrements of thiS order have been approved

. by the Bureau of the Budget In accordance With the Federal Reports Act of 1942.

Schedule I is hereto attached and made a ~rt of this order.

method and does not reqUITe alteratIOn SEC 14 V' I . of the system of records customarily . . '. to atwns. Any person who maintained provided such records sup. wilfully vIOlates any provision of this ply an adeQuate basis for audit. Rec. order or any other order or regulation of ()rds may be retained in the form of NPA 01: who :VIlfully conceals a material

:microfilm or other photographic. copies fact 01 furmshes. false mformatlOn In jnstead of the originals by those persons ~he course of operatIOn under thIS order

. . . . t. IS gUIlty of a cnme and, upon conviction ...,ho have mamtamed or may mam am may be punI'shed b fi ' . ' . . t h ' h t . h ' Y n~ or Impnsonment :such mICrofilm or 0 el p 0 ograp IC or both. In addition, administrative ac-.. ecor~ m the regular and usual course tion may be taken against any such per. of busmess: . . '., son to suspend his privilege of making

(b) All Iecords requll ed by thlS Older or receiving further deliveries of mate-shall be made avaIlable at the usual place rl'als 01' usmg' facm·t· d ··t . . t· d f . Ies un er pnol'l y or of busmess where mam ame . or mspec- allocation control and to deprive him of tlOn and audit by duly authonzed repre- further priorities s' t sentatives of NPA. a SIS ance.

SCHEDULE I-CAN SPECIFICATIONS

This order, issued August 23 1951 shall take effect on October 1 1951 at 12:01 a. m. Eastern Standa~d Ti~e Until such time, NPA Order M-25 a~ amended July 1, 1951 and Amend~ent No. 1 thereto in effect August 7, 1951 shall remain in full force and effect. '

NATIONAL PRODUCTION AUTHORITY,

MANL Y FLEISCHMANN,

AdministratcT.

coiumns (3) and (4) specify the weight of tin-coating per base box of tin plate or t erneplate which may be used for the parts of cans for the products listed in Column (1). Any packer may also use for packlng a listed product black plate cans or cans with a tin­coating lighter than that specified for that product. He may also use, without restriction or Ilmlta tion, cans, or parts ot cans, made entirely ot tin plate waste or terneplate waste or black plate rejects, or entirely of any combination thereof, Wherever 0.25 pound electrolytic tin plate Is specified, SCMT may be used, Tin plate menders arising in the production of electrolytic tin plate may be used only where hot-dipped tin plate is permitted in this schedule. When only a figure is given in Columns (3) and (4). this means that tin plate may be used for the part, and the figure given Indicates the maximum weight of tin-coating on each base box of plate. Electrolytic 0.25 pound tin plate may be u sed In place o! b;ack plate in that part ot a CF-a which, after filling, is required to be hermetically closed by soldering, or in that part of a can to which a nozzle Is required to be attached by soldering. Nozzles and fittings so attached may also be made of 0.25 pound electrolytic tin plate, except that 0.50 pound electrolytic tin plate may be used for drawn soldered fittings. However, the total area or tonnage of 0.25 pound or 0.50 pound electrolytic tin plate or. both used in the parts described or specified In either or both tbe two preceding sentences Is limited to .not more than the permitted quota percent, as shown in Column (2) of Schedule I, of the total area or tonnage of plate used in such parts for packing a particular product during the corresponding period of 1949 or 1950.

Product

(1)

Groupings and quota percen tages

(2)

I Group Group

Ca materbls

Soldered or welded

parts

(3)

Non­soldered

part.

(4)

Fi8h and .h,llji3h Group I l II III 85. CaviaL .................................... .................... . .•...... "" 70 ,25 .25 86. ChofdeJ' all varit~cs............................... ................ 90 ·······.-25·

87. Cla!~f~~:b~~!.~~~.;:~~::::::::::::::::::::::::::: :::::::::::::::: :::::::: :::::::: 1: ~~ ········:25

.25 ,25

~: 8~~~~~j{tf~It~m~II~~~~~~~~~~~~~~~~n~~~~~~ ~~~~~~~~~L~~ ~~~~~;r~ :::::;;. ::::::::i ........ :2.5 . 25 . 25

Deviled......... ................... ... .......... ................ 90 ....... . Pro('ess~d _______________________________________ Unlimited _____ -------- --------

~: l~~::~~~ii~::::~:::::::::::::::::::::::::::::::: :::::::::::::::: ..... :. :::::~~: Round cans. ____________________ .. . ______________________________ ---.---- --- .----Drawn cans. ____________________________________________________ -------- --------

94. Fish and seafood, fr.oz.en. or refrigerated ______________ Unlimited _____ -------- --------95. Fishballs and c3kcs_________________________________ ________________ 90 --------

.25 ········:25

.25 ,25

·······.-25· ·········.-25 . 50 .50 .25 .25 . 25 .25

96. Fisb flakes aod ~round fish for buman coosumption : .25 .25

~~: ~11~:¥~tK~~~~~I~;~i~~~s~I~~~:if~~~~~~~~~~~~~~~~~~~ :~~~~~~~~~~~~~~ :::::~~: ~~~~~~~~ ··· .... i:~· ········i:~ Ins~~n=~_~l~_~~~~l_l~~~:~~~~~~s_~~_~.~~a~~~ ________________ _______ ________ .50 .60

L6 CO~.:ERCIAL FISHERIES REVIEW

1'ro,1,,<1

(I)

Or ... " I

Vol. 13. No. 10

l'

.25

:,.,

..

M~~ __ ~ l 174 Animal an,! POl food ........ ee .. e.ee ...... e e l . 17a. B aby food ........ ............. .. .. e • nllmtvd e

l·· .. ·_ . .

~ Cbt:~~:~ .. e: .. ::::::.::::::::e:: ...... t:e:e:::.: ... :e L ,

how mein. I I I 197. Dle~ :%l.~~~ Iornmla _ .... e .. e .... e .. ::-1 :::::. :e .. e:: I .. e .. :. \ ._e .. I .... ·· r .... e .. !>! e

~~::::: ... :::::::::::e::.:::::::::::::: ...... I ... e .. \e ..... ee ' e ..... e.:e ... f .... e... .. .. . 21Q. Soups, d.hydl1l~ • . ............ ..

,.. lion quare ""'" only ._ .... e .... .

~. SollJ's,h uld ,·oo-.onal.. ... , . ::: I .... I .. ::....... .7 .. _ .....

AUoth.cl1.O ..... _ - .... I.

~: ~ll ~~~<~ ~~n~'roce lo:!ds~~:::::::::::-..... 1 ::.: .. :::::e:' j' : ... • 'on/cod " rod"d.

Ttl. oUa l':;g:l.'lfil.: or v ... l3ble ............................ _e ..... . ~raUOD square .. ............. ...... .. .. ..... ..... • ..... . A U otll r mt!. .. _ .............. ....... ................ e - .. .. . . '"' . .

~D1JENT TO CAN ORDER M-2'" CLARIFIES SEIECTIO. F BASE ?!;'.:CS: An amend-ment to NPA Order M-25 (cans~or1fieS certain misunderstand ings :!'e~arding the selection of base periods. Amendment 1 to W.-25 states that pLcKers of ~anned goods may choose one base period for one product and another base period for an­other product in dete~ining the number of cans they will be pe~itted to use fo~ any spec i fic product.

For details see: M-25 (Cansl, Amdt. 1 dated Oct. 8, 1951 .

• * * * * MARINE kJKTENANCE , REPAIR , AIill OPERAT~G stIPPLES ORDER EXTIYDED: Priority

assistance for procurement of marine ffiaintenaDce , repair, end operating supplies (MHOl and minor capital aeditions by ship operators, marine suppliers, fu~d ship-

october 1951 COM1::ERCIAL FISHERIES REVIEW 47

repair yard s has been extended in to the fourth qUarter, pend ing fur ther change s nOW being prepared, NP A announced on October 1.

M-70, as arr~nded, authorizes water transportation syste~s (any domesticclly­owned American flag vesse l of any type): (1) to apply for CMP allot'!lent numbers to obtain steel, copper, and alUffiinur.l arrd a DO-R-9 rating for non-controlled rra­terialsj and (2) to build up their inventories irr advance of orders to 120 Der­cent of their base period (fourth quarter 1950, or--for domestic vesse: ope~a­tors--an option to use the first quarter as the base).

Ship operators, marine suppliers, and ship-repair yards were permit ted to apply a DO-rating or GMt' allotment number for MRO suH,1ies and minor capital ad­d! tions during the third Ciuarter.

For details see: M-70 (Marine Maintenance, Repair, and Operating Suprlies and Minor Capital Addi tions). as amended Oct. 1, 1951. NOT E: FULL TE XTS OF MATERIA LS ORDERS MAY BE OBTAINED FROM NATIONAL PRODUCTION AUTHORITY

WASHINGTON 25, C.C" OR FROM ANY DEPARTMENT OF COMMERCE REGIONAL OR FIELD OFFICE:

Economic Stabilization Agency OFFICE OF PRICE STABILI LATI ON

CEILING PRICES OF CERTAIN FOODS SOLD AT RETAIL: Repuhlished by OPS in Octo­ber were Ceiling Price Regulation 15 (Ceiling Prices of Certain Foods Sold at Re­tail in Group 3 and Group 4 Stores) to incorporate the text of Amendments J. throw")l 6, and Ceiling Price Regulation 16 (Ceiling Prices .... in Group 1 and GrolJl 2 Stores) to also incorporate the text of Amendments 1 through 6. These regu lations fix ceiling prices for "dry groceries" listed in Table A and the "perishables" listed in Table B for Group 3 and 4 retail stores (all retail stores, other than "inde­pendent" retail store s, doing an annual business of less than $375,000 and for all retail stores, whether "independent" or not, doing :o.n annual business of $375 , 000 or more) and Group 1 and 2 stores (all "independent" retail stores doing an annual business of under $375,000). These regulations were originally iSf,ued on March 28, 1951.

Only tables A of both orders contain food commodities of interest to the fishing and allied industries. These commodities and the mark-ups over "net cost" allowed by these regulations are as follows:

Mark ups Ov N - ar " et Cost Allowe d f D G i C v l"ed by These Regulations by Group of Stores and Commodities or ry rocer ss o e Allowed Mar -ups Over Net Cost

Ceiling PriCE Regulation 15 Ceiling Price R~ation 16

Group 3--Retailer Group 4--Any re- Group l--Independent Group 2--Independent

Food Commodities other than inde- tailer with annual retailers with net retailers witn net

pendent with an- volume of $375,000 annual volume of under annual volume of $75,000 $75,000 or more, but

nual volume under or IIDre less than $375 000

$375 000 Percent Percent

Percent Percent 1. Baby foods ••••••••• •• -1-6- 25 23

18 27 7. Dog and cat foods ••• • 24 24 27 B, Fish , processed •••••• 21 27 27

10, 21 27 27 Frozen foods ••••••••• 27 27 26 27 . Soups,' canned •••• •• •• 19 19 27

~, 40 40 Miscellaneous foods •• 35 35

For those specific commodities listed above of interest to the fish~r:,' ,3ll:l allied industries on the following "'age are given the corm:::odity definitlons (ep­

..P licable to both domestic and import;d i te'Ins), cornnodi ties excluded froE these

COMMERCIAL FISHERIES REVTI::W Vol. 13, Nc. l()

regulations but subject to GCPR or other applicable regulations, and commodities excluded from price control at wholesale and retail:

(b) Commodity definitions. These defini­tions apply to both domestic and im­ported items

(1) "Raby foods" means "baby" or ' ~un­lor" cereals, fruits. veg('tahlc~, mrats, pudding, soups and mixtures thC'reof,

~~~~~J~l~~d~~ti~g~!Y ~;~~Cj~i~~D !~!nd~~ 'baby cereals.

(7) "D.1g and cal food" shall not include any item prepared 1Iy you for pet food, or any IrtJzel1 dug or cat food.

(8) .. Fish, proCfs.ed" ineluces canned fish, canued sl'ufood, and salted or otherwise processed fish, Stich 8S fish cakes. 1\ot illc1l1ded in this definition are frozen food products in which fish or seafood aTe combined wit.h other ingredients, clams, crab meat, lobster. lobster bisque, and oysters.

(c) Com modi/i .. acluded from this regllial ion. b,,1 subject to nCPR OT other applicable regulations

(I) "Raby foods". Excluded arc:

Dry baby cereals.

(7) "Dog and cat food". Excluded are:

None.

(8) "Fish, processed". Excludeli are:

Frozen fish and seafood, canned clams: and kippered, marinated. dried or smoked fish and seafood (el cept sar­dines).

(d) Commodifies excluded fro m price control at wholuale an~ reta"il

(I) " Raby foods". r :xcluded are:

None.

(7) "Dog and emfood". Excluded are:

None.

(8) .. Fish, proc .... d ... Elcluded are:

Fresh fish and seafood, canned clam juice, fish and seafood pates, pastes and purees, sauce COD taining fish and sea· food, fish roe, caviar, fish and seafood bars d'oeuvres; and imported "fish, processed" if imported in consumer size containers, except tuna, crab meat and salmon.

--------------------~-~-----_11-----------------------~----------------------(10) "Frozen food." menns packa~ed

quick-frozen or cold-packed food s sold from refrigerated cnbinets or lockers, in· eluding, bllt not limited to all fruits, berriC's. fruit or b('rry juices, and mix· tures (except any of the forC',:!oing in can· toJners of a capacity of more than 50 pounds) , vegetah les, vegetable juices, and mixtures, including mushrooms, dog and cat food s not prepared by you for pet foojls, applesauce, macaroni and spaKhetti products, chop suey, chow mein, grades, pork-und·hcans, soups, food products in which meat, chicken, turkey, fisb or seafood are combined with other ingredients, meat stews, and corned hpef hnsh, frozen instant coffee, cOllt't>lltJ';.!ted frozen fresh milk, (rozen lll t>ut pies, frozen pies and pastries.

(27) "8ollps. canned" inclurles soups, broths and rllOwner. Xol Included in this nefini[iull :.lre llleat stews, "baby" or "junior" soups, dehydrated soups, and frozen soups.

(36) " M;"cdlalleous foods" sball include all other dry grocery items except thOEe specifically excluded in para­grapbs (c) and (d) of this section. Among the items included under this b~9-~nJ; are tpe fOllpwing:

Crah meat Oysten, (canne<!)

(10) "FrozC1I foods". Excluded are:

Frozen frUits, berries, fruit or berry juices and mixtures in container~ of a capacity of mnr£' than 50 pounds, frozen fi s h and seafood, frozen meat. poultry, ice cream, sb~rbet and frozen confee· tiODS.

(27) "Soups, canned". Excluded are:

All bisques (except tomato, chicken, celery and musb· room), vichysoisse, mines· trone and bouillabaisse.

(36) "Miscellaneous foods". Excluded are:

"eed, anfmal or poultry lotber than pet food).

Frozen_fish ~nd seafood.

(10) "Proz(7I foods". Excluded arc:

Frozen bollandalse sauce.

(27) "SOUPI, canntd", Excluded are:

Turtle, wine and sberry flavored, fish or seafood soups (except clam chowder). smoked turkey and game bird soups; almond, arti· choke, broccoli, cucumber and watercress soups; all imported .oups if imported in consumer size containers,

(36) " _\Ii.cellaneous foods" Excluded are:

Truffles, capers, canned snails, cane or beet sugar, rattle· snake meat, ea.o;;ter egg dye, and olive oil.

For details see: CPR 15, Collation 1, Includi~g Amdts. 1-6 (Ceiling Prices of Certain Foods Sold at Retail in Group 3 and Group 4 Stores) and CPR 16, Col­lation 1, Including Amdts. 1-6 (Ceiling Prices of Certain Foods Sold at Retail i Group 1 9.Ild Group 2 Store s).

* * * * * IMPORTS CZnI:;G ~ REm;LATI ON: CPR 31 (Imports), republished to incor­

porate the text of Amendments 1 through 9 by OPS OL. Septerr_ber 26, provides a for­mula whereby importers, wholesalers, and retailers of imported commodities shal~ compute their ceiling prices for sales thereof on the ba sis of prices in effect during a base period extending from July 1, 1949, to June 30, 1950. All of the provisions of the GCPR, except section 14, heretofore applicable to importers ana to the sale of imported cormnod i ties are superseded by this order except with re­spect to t!:le sale of certain cOI!lID.odities. Fishery produ cts and by-products 1illp~rt come under CPR 31. The effective date of this regulation waS September 1, 1951 •

October 1951 COw...ERCIAL FISHE:! IES fu.-VIEW

Wi th respect to the sal e by othe r thWl if. porters of import d co wholesale and retail l evel s J CPR 7 shall govern the pri cing of all imported non-food commodities specifically COve d . r by, 15. and 16 shall govern t he pr icing at the who l esele an retei 1 ported food commodities spe cif ically covered tt~reby. Any impor which does not specifically fall wi thin the cove rase 0 R 7 I

shall be priced for wholesale or retail sale under sectio~s

For details see: CPR 31 • Collation 1, including Amdts. -9, d 1951•

• • • • • ADJUS'.IMENT OF CEILING PRICES FOR CERTAIN INSTIWTlm:/J. SELIERS:

grocers who sell to institu t ions were authorized by OPS to use heir b ill volume for either the ir most r ecent fiscal year before May 1 , 1951 , or • calendar year in Ciualifying for a special markup for per orr.:ing ex r r 1c in mstitutional sales. This adjustcent is contained in Amendment 9 to CPR 1 issued on October 15. eff e ctive October 20.

In order to Ciualif y f or the extra markup. wholesalers ~us sho th ir total gross margin on insti tutional sales of foods listed in table "\" wholesal e grocery regulation (CPR 14) was at least 19 {:ercent of ross for 1950 or the fiscal year.

For details see: tional .Sellers) to CPR issued Oct. 15, 1951.

Amdt. 9 (Adjustment of Ceiling Prices for Cert in I.s 1 14 (Ce iling Prices of Certain Foods Sold at 0 es >,

• 'I'< • • •

llimPRETATION OF EFFE CT OF FREIGHT INCREASES , _CE_I ____ --interpretation of thee f f ect ofrecent freight increases issued by OPS on September 10 for the information of sel ers opera 1 regulations.

The full text of General Interpretat ion 3 follows:

GEN I N! 3-I NC REASE IN R AI LROAD .

FREI GHT R ATES

A number of sellers have inquired as v.hether they may add to their ceiling, ces the increases In railroad rates

· centJy authorized by the Interstate mmerce CommiSSion (Ex Parte 175.

us 2.195 1) InclUSIOn of freig ht In ceiling prices ' determmed by the specifiC regu­

.. tlon which may be a pplicable to the II r, and mcreases in freight rates rna\'

dd~d to a ceiling pnce only where h re ulatlon permits thiS· addition

~I h repect to eliers under the Gen­I Ce hng Pnce Regulation . Interpre-

• • • • •

~ ;(ATIRI . .;LS cosr ADJTSThS~Tr ~ PR hlnery and Re l ated 1:anufactured Goods) iss. ej on

na t i ve method of de terr::ining r::.e.teri a;'s cost s n t uread~r f iled their con:putatioLs. ( '30 as

r

50 COMMERCIAL FISHERIES REVIEW Vol. 13. No. IQ

ships. Ships are defined as "any sh ip or boat powered by an inboard engine and barges and cargo-carrying barp:es whether powered or not. II Sales of ships by others than manufacturers are covered by GCPR. )

Designed to simplify the calculations necessary to determine materials cost adjustmen ts. this new amendment permits manufacturers to compute their materials cost adjustments by making required computations only for those materials which account for 75 percent of the cost of all materials. However, manufacturers mus include in their computations each manufacturing material which accounts for 3 percent or more of their total manufacturing materials costs.

For details see: Amdt. 17 (Alterz;ative Method of Determining Materials Cos Adjustment) dated Oct. 8. 1951, to CPR 30 (Machinery and Related Manufectured Goods).

* .... * * NEW SHIPS .AND REPAIR AND CONVERSION OF SHIPS TEMPORARILY NOT UNDER PRICE

CONTROL: Application of price controls to-sales by shipbuilders-of cert~ew ships and to repair and conversion of ships was temporarily suspended by OPS on October 11 by the issuance of GOR 9. Arndt. 7 (Temporary SuspenSion of Appl1catiolll of Ceiling Price Regulations to Sales of Certain New Ships by Shipbuilders and to Repair and Conversion of Ships).

J

This action is taken )ending a study be ing made by OPS to deve lop a price regulation tailored to 'the pricing practices and needs of the shipbuilding indust~

Shipbuilders have been covered by Ceiling Price Regulation 30 (Machinery) 0

by the General Ceiling Price Regulation (GCPR) if they do not use CPR 30. Becau of the peculiar pricing problems related to this industry, pricing under the ap­plicable regUlations has been found to be impractical.

The suspension of price control in this instance will run for sixty days fro! the effective date of the amendment, or such earlier date as niay be specified by a regUlation issued by OPS. The regulation became effective on October 15. and applies only to sale s, by the builder, of any new ship, barge, canal boat, light or tug, 65 feet or nore in length and to the repair and conversion of the same type of craft of 65 feet or more in length.

For details see: GOR 9, Arndt. 7 (Temporary Suspension of Application of Ceiling Price Regulations to Sales of Certain New Ships by Shipbuilders ane to Repair and Conversion of Ships), issued Oct. 10, 1951.

* .. .. .. ..

HAWAIlz:,."J V.HOIESALE GROCERY REGULATION INCLUDES FISHERY PRODUCTS: CPR 69, issued by OPS on September 6, fixes ceiling prices for listed items when sold at wholesale in the Terri tory of Hawaii. Since the Terri torie s of the United sts.te5 were excluded from the coyerage of CPR-14. sales of grocerie s at ,wholesale in Hawaii had continued subject to CPR 9 except in the case of locally-produced, ~~ fectured. or processed i terns which were covered by GCPR. Among the con:modi ties included in the listed items are frozen nieats (including fish ), canned seafood (includin3 all processed fish and seafood packed in metal glass or any other

. , • k containers. and includes. but is not limited to oysters, codfish cakes, fIa eSt barracuda. squid. mackerel. abalone. crab meat. lobster, salmon. sardines. shrirr...p. canned clam juice a!ld broth), and dried 8Jld shredded seafood (includes but is not limited to fish, shrimp and cod in a dried condition) and imported . • c , h r foods (l.nclude s al1.Y food item imported dire ctly in to Hawaii from a country ot e

october 1951 COMhlERCIAL F I .sJ.-lE :UES REVIlL';

then the United States, its Territories and Posse s sions) . V:ith certain r::.inor ex­ceptions, the IT,ar g ins provide d by this r egulation for the i terr:.s li3:ed are iden­tical with thfi regular OPS mar gins.

For details sea: CPR 69 (Hawaiian "Who l e sale Grocery Regulation), issued Sept. 6, 1951•

* * * * * CONStJMER ADVISORY COMMI TTEE REQUESTS ~ FORN.AL CONSULTATION OH REGULATIO~S:

A formal statement, suggesting that it be given an opportuni ty to review and of­fer ~ggest ions on proposed pri cing regulations, is being drawn up by the Policiee and Regulations Sub c OILIni t tee of the Consumer Advisory Commit tee of the Office of Price Stabilization, members s a i d on Sept ember 12.

The statement, authorized by the fu l l commi ttee in a meeting on September 11 in affi Headquarters, wil l be pre sented to t he Ass i stant Dir ector of Price Stabil­ization. Members of the committee were t old that while OPS felt the consumer's interest was now represented by OPS officials i n de liberations on pricing regula­tions, the pos sibilities of more formal con sume r consultation would be considered.

The Assistant Director also told the meeting that OPS recognized that, in order to fac1li tate compliance with ceiling pri ce regulations and assist the con­~er in knowing whethe r or not se l ling pr ice s are authorized by OPS, the Agency

:::must issue more tailored regUlations setting up easily identifiable ceiling prices. This process is a current goal of the Agency. NOTE: FULL TEXTS OF PRI CE ORDERS MAY BE OBTA I NED FROM THE OFFICE OF PRICE STABILIZATION,

WA SH I NGTON 25, D . C., OR FROM T HE REG I ONAL OPS OFFICE IN YOUR AREA.

~ General Services Administration

~ CAI.'mED SALMON FEDERAL SPECIFICATIONS ISSUED: New canned sallI:on spe cifi­<lations for use by all Federal agencies i n procuring this cOIlllLodity were issued tOn August 8 by the Gene r al Services Admi nistration. The new specificat ions, FP-S-31b dated August 8, 1951, supersede PF-s..)la dated. July 29, 1941.

The requirements of "the new spec ifications indicate that canned salmon shall lle of the latest pack, and shall not h ave been pre-pared from frozen salmon unless o therwise specified in t he invitation f or bids. The only major change is the pro­wision that natural salmon " oil may be added.

Copies of PF-S-31b are for sale by the Superintendent of Documents, Washing­t on 25. D. C" at 5 cents per copy .

Department of the Interior DEFENSE FISHERIES ADMINISTRATION

T L B'Y CP' -' jET PRIORITY ASSIST illiCE FOR COl\"'VERSION A.~D CONSTRUCl'IO~ OF BRISTO --:::.-~ -" -

BOA""" • -- . -- d Shipbuild ing Dl Vlsion ~. Arrangements h ave been made Wl t h t he Ordnance an 1 or NPA to expedite the i ssuance of priori t ies for the conversion and con st!" .. c t n

52 COMMERCIAL FISHERIES R!!."'VIEW 'Io!.. 13. No. 10

of Bristol Bay gill-net boats, the Defense Fisheries Administration announ~d early in October.

Priorities for the conversion of these craft will be granted in aCCOMenc8 wi th the provisions of NPA Regulation M-70. Since the ccet of the conversion wi­be in excess of the quota provisions of M-70, and the capital addition will be greater than $750. the maximum allowed in the order, it vlill be necessary for 8a firm wi th a program for converting gill-ne t ve sse Is to power to !toke 6ppl1cation in triplicate to NPA at Washington, D. C., for adjustment in its Y.RO quota 1n ac­cordance with the provisions of Section 16 of Order M-70.

Officials of the Ordnance and Shipbuilding Division of NPA have i~dica~d that they expect to be able to provide the materials re uired for the constructi of new Bristol Bay gill-net boats. Application for the controlled materials "­quired for the construction of these craft and a preference r&.ting to be used in obtaining the other items required shculd be requeste from NPA on Form ~-4B. 'Ibis application can be filed either with the loc 1 office of iPA or the ashing ton office, depending upon the amount of materials re uired. The applications are to be filed by the firm actually engaged in ccnstructing the new boats. If the builders' requirements of controlled mat3rials do no exceed 100 tons of car bon steel per quarter, 5 tons of alloy, 500 po nds of stainless steel, 2 tonsot copper products, and 1,000 pounds of alUffiinum, the epplication should be filed with the local NPA office. If a greater amount of controlled rna erials U'8 re­quired, the application should be subffiitted to ashington , D. C.

In subrr.itting ChlP-4B applications. builders sho ld submit separate applica­tions for the various types of craft they propose to build; tha is, req est tor materials for Bristol Bay gill-net boats should be re ue sted separately from ma­terials required for purse-seiners. In filing a "'plications wi th the ~'PA Washing ton office for the conversion of Bristol Bay gill-net boets or for the construc­tion of new boats, it is requested that copies be forwarded to he Defen~ f1M­eries Administration, Washington 25, D. C., so that they can sssist in e~ditw approval.

Eighty-Second Congress (First Sessm) ~t.PTEMBER 1951

Listed below are public bills end resolutions introduced and. referred to c mittees, or passed by the Eighty-Second Congress (First Session) and signed by t President, that affect in any way the fisheries and. allied industries. PubliC bil and resolutions are shown in this section only when introduced end if passed wh they are signed by the Pre sident. The more pertinent reports, hearings, or chBO~ actions on some of the bills shov.rn in this section from month to month are 8.

listed.

~ ~ RESOIDTIONS iNmOIXJCED:

Ceiling Prioes--Prov1eions!2.t Increased ~:. §: ~ (Capehart, for huself, Bricker, Schoeppel, and Dirksen)" - A bill to amend the Defense Production Act of 1950, as amended; to the Oommi ttee on Banking and Cur­rency. (Provides for the President,60 days after enactment, to issue regulations estab­lishing manufacturers' and processors' prices

at the highest level prevailing during 81'8 resentative base period between JaDuary 1, 1950, and June 24, 1950, adjusted for i~1'8e or decreases in costs between such per1

111nE July 26, 1951. Thereafter, no price c: ee ahall be increased except to the exten 1 ~or essary to reflect direct and indirect \95 cost increases occurring after July 26, and paid by the seller. )

o I

Octoter 1951 C01,J.2RCIAL FISHERIES REVIEW 53

Defense Production Act of !22Q ~­ment: S. 2170 (I4aybank. for himself, Ful­bright ,-Rob'e"i=tscn, Sparkman, Freer, Douglas, Benton, and Moody) - A bill to amend the De­fense Production Act of 19 50 , as amended; to the Corrmi ttee on Banking and Currency. Reported to the Senate on the same date wi th­out amendment. (Provides that ceiling prices for sales of manufacturers or processors sbbll not be lower than those prevailing be­fore the date of issuance of a regu lat ion, or lower than those preVailing during .Janu­ery 25,1951, to February 24,1951. Howev6:'., this shall not prohi bi t the establishment or maintenance of a ceiling price applicable to the sales of manufacturers or processors which (1) reflects the highest level of prices prevailing during a representative base period between .January 1, 1950, and June 24, 1950, inclusive , adjusted for in­creases or decreases in costs between such period and July 26, 1951, or (2) is estab­lished under a regulation issued prior to the enactment of this paragraph. The ad­juatment for increases or decreases in costs as prescribed in (1) shall include adjust­ment for changes in necessary and unavoidable costs, including all labor, material , and transportation costs and a reasonable al­lowance, as de terroined by the Pre sident, for ~banges in all other necessary and unavoid­e.ble costs, including selling, advertising, office and all other product ion, di str ibu­tion, and adininistration costs, which he finds are properly allocable to the produc­tion and sale of the materials sold by the manufacturers and processors . President is to make appropriate provision for adjust-nent for any manufacturer or processor whose ceiling prices result in financial hardShip. )

~ 2 ~ Import Control.Amendment Repeal~ ~. 2104 (lliaybank) - A bill to re­peal section 104 of the Defense Production Act of 1950, as amended j to the Committee on. Banking and Currency. ('!his section deals with certain import controls on fats ~ Oils, including oil-bearing materials, fatty acids, butter , ..... )

Fishermen's Organizations Have Voice l£. !!-vessel Sales of Fish: S. 2176 (Mag­nuson)~iIIt'O ~k~ar -that"7isher­lllen's organizations, regardless of their technic!l.l legal status, have a voice in the ex-vessel sale of fish or other aqua­tic prOducts on which the livelihood of their members dependsj to the Committee

'on Interst~te and Foreign COl!ULerce. (A­mends sectlon 1 of Public Law 4h4, 73rd Congress, entitled "An Act authorizing as­sociations of producers of aquatic prod­ucts. "

Also: ~.~. 22£L (Shelley) ...

~ Investigation of Fishing Facilities ~~: li'~' ~ (O'Toole) - A reso­lution to investigate practices in the fishing industry involving vessels of less than 20 tonsj to the Committee on Rules. (Calls for the investigation of the "prac­tices of the business that offers fishing facilities for h ire in vessels of less than twenty tons.")

Social Security Coverage for Fisher­~: li· g. ~ (Mitchell) - A bill to extend coverage under the Federal old-age and survivors insurance system to employees performing service~ in the catching, taking, harvesting, cultivating, or farming of any kind of fish, shellfish, and other aquatic forms of animal or vegetable lifej to the Corn:ni ttee on Ways and Means.

~ Import Duty: !!:~. ~ (Scud­der) - A bill to amend the Tariff Act of 1930, so as to impose certain duties upon the importation o~.~~fiShj to the Com­mittee on Ways and Me~s. (Provides for an import duty ot 5 cents per pound on fresh and frozen tuna. )

'!\ma Import DUty: H.~. 2l!il. (McKin­non) - A bill to amend the Tariff Act of 1930, so as to impose certain duties upon the importation of tuna fishj to the Com­mittee on Ways and Means. (Provides for a duty of 30 percent ad valorem for fresh and frozen tuna except that for 15 percent of the average annua l consumption of tuna during the preceding three calendar years the rate of duty shall be 15 percent ad valorem. ' Average apparent annual consump­tion of tuna in any calendar year shall be the amount of fresh and frozen tuna landed in the United states on U. S. vess;ls _lus the quantity imported, reduced to a rourtd­weight basis. )

Also H. R. 2lLl (Tollefson) .. . H. R . .22§Q (Bramblett .. . H. R. ~ (Mitchell) .. . H. R. ~ (King) ...

Tuna Import Duty: £!..~. IDi (Poul­son) _ A bill to &~end the Tariff Act of 193 0 , so as to impose certein duties upon

54 COl::'ERCIAL FltEErtIES REV IE ':1 Vo . 13. c. II)

the importation of tuna fish; to the Com­mi ttee on Ways and Means. (Provi des for a 5 cents per pound. duty on all fresh and fro­zen tuna and tuna-like fish, and a duty of 45 percent ad valorem for t na and tuna-like fish prepared or preserved in any m~ner when packad in air-tight containers weighing with their coutents not more than fiftaen pounds each. )

Tuna (Albacore) Import Duty: [.~. 2llQ. (TollefSOn) - A bill to amend the Tariff Act of 1930, so as to impose certain duties upon the importation of albacore; to the Coamittee on ' Ways and Means. (Provisions are the same as H· R. 5367, except that a duty of 45 per­cent aa valorem for fresh and frozen Albacore shall be imposed, but the duty for 15 percent of the average annual consumption ot albacore shall be 2~ percent ad valorem. )

~ Pollution Prevention: !!.. E,. ID.i (Byrnes of Wisconsin) - A bill to encourage the prevention of water pollution by allo~­ing amounts paid for industrial waste treat­ment works to be amoFtlzed at an accelerated rate for income-tax purposes; to the Commit­tee on V;ays and Means.

Cli.AWlER AC TI ONS :

Collisions At Sea: Senate reported (Sept. 26) [. ~. 5013, ~ authorize the President to proclaim regulations for pre­venting collisions involving water-borne craft upon the high seas ~~d in waters con­ne cted therewith (!!. Rept . B38).

Defense Production--President's Mes­~. Received a message (Sept. 12)-­trom the President submitting certain rec­ommendations to revise and strengthen the stabilization program by amending the De­fense Production Act. The message ~8 re­ferred to the Committee on Banking and Cur­rency.

~ ~ 2..!l! Import Controls: Senate C9mmlttee 0.:1 Banking and Currency (Sept 20) vb~ed to report without amendment ~. 2104, to repeal section 104 of the Defense Pro­ductiun ACt of 1950, re lati ve to import con­trols Gn fats and oils and related producta.

Senate reported (Sept. 20) §.. 2104'

Marketing Facilities for Perishable Commodities: House report;r- (Sept. 14) [. ~. l2., to encourage the improvement and development of marketing facilltles for

handl1ng per ishable a gricultural cOlllllOdiU. ([ . Rept . ml..

Pous voted on Se pt . 26 (180 to 1(2) to recoI:Jllit to the COIm:littee on Agriculture ti.: B: li, to encourage the improvement and development of mark e t1 ng facil1ties for handling jlerishable a r 1culturel CCl!lllOdlt1.

Price Call1ngs-- ~od lf1cetion of llaDu­factux:era-and Processors' Costs PrQ;"li1Oiia' Senate Committee on B nk ing and Currency . (Sept. 20) voted to r eport with 8Itendment. ~. 2092, to amend the Defense Prod'Jction Act of 1950, regarding pr i ce cellings tor tr.anufacturers end processors . (The aund­ments are designed to make the so-called Capehart amendment to the Defense Produc­tion Act more workable.)

Senate reported (Sept . 24)~. 2170, to amend the Defen'3e Product1 on Act ot 1950, regarding price ce1..in s f or IIl3nutacturer. and processors, with cinor ty view. ~. Re 1!lfl) .

CON RESSIONAL REPORTS:

Amend inS the Defense Prod ctt on Act of l.22.Q, As Amended,' Senate Report No . 7i£­(Septembe r 24, 1951. 82d Congre 8S, let Ses­sion), 18 p., printed, pu r suant to~. 2170 (B2d Congress, 1st Sess10n ) , to amend the Defense Production Act of 1950. ae amended. COlIlI!li ttee on Banking and Cu rrency recom­mended passa e of the b i ll.

Authorizing tr,e Pres ident ~ Proclaim Regulat10ns for Preven t ne Collisions at Sea, Senate Report .'0 ...l§. (September 26, 1951, Et2d Congress, 1st Sess i on), 9 p .• printed. pursuant to H. R. 2.Qll (82d COD­gress. 1st Session). to -;- thori:z.e the President to proclaim regu lations torpre­ven t1nS collis10ns at sea. COII:ti ttee on Interstate and Foreign COlIllterce recom:;end­ed passage of the b1ll wi thOt:.t a:Ilf!ndmeDt and accepted House Report No. 807 dated August 20 , 1951, on th is seme_ bill. The purpose of the bill is to authorize the President to proclaim reguletio:ls for pre­venting colli~ions involving water-borne craft l'Ihether aircraft or surfa·~e ves-

, i 11 waters S6 1s, upon the high seas and n a connected therewith except certain desig-

, ft in nated inland water ereas and aircl'a Terri tori6.1 waters of the United Statesj and authorizes the President to accept, on behalf of the Un1ted States, the revised

. international regulations drafted at the

October 1951 C011.iERCIAL Fl.:.> • ..EnIES ill.:: "- .

lnternational Conference on Safety of Life at Sea wbich convened in London in 1948 .

Marketing Facilitles Improvement ~, lieu!! Report No. 111.. (September 14. 1951, S2d Congress. 1st Session). 10 p., pr1nted pursuant to [. R· 22 (82d Congress, 1st Ses­aion), to encourage the improvement and de­'Telopment of marketing facilities for handl­~ perishable agricultural commodities. eomm1 ttee on Agri cuI ture re commended passage ()t the b1ll without amendment. This report explains the purpose of the bill and point s out that no federal loans or grants are 1n­"Volved. an~ that it would result in poten­tial savings to conlJ.illlflrs and benef1 t farm­era. An analysis of the bill 1s included. ~thougb mainly intended for agricultural ()CIIIIlodi ties the bill defines "Perishable agricultural commodit ie sIt as follows: ''means agricultural commodities and products there­ot, consisting principally of fresh fruits and vegetables, handled alone or in comb1na­tion with poultr'y, eggs, meats, seafoOd, and c1a1ry produ cta. "

Repea11ng Sectlon 104 2! ~ Defense Production ~ 2! lliQ, A! Amended, Senate Report No. 11Q (September 20, 1951, 82d

Congr ess, 1st Session), pursuant to ~. ~ (8~d

.Se ssi n), to repeal sec fe n se Production Act of C~ittee on BaLkin an mended paEsage of the bl reads as tollows in art: of fats and 011s (incl~d oi1- r n;.ateria1s, tatty acids, and ... )t . ne ce s sary for the protection tial se curity inter sts and Uni t e d State s In the exlstin e r ney i n ternational r elations , end no in;.por any su ch commodity or product shall b m1tted to t he Un i t ed States nttl af June 30 . 1952 . ... "

~ SIGNED BY THE PRESIDE T:

Certain Mollusk Imports Berred: H R. ~, to prevent the entry of c rteln It.01-lusks Into the U. S. Sl ned Se tem or , 1951 (P. L. 152). Proh1b1ts en ry of t r­re str lal or frash-water molluSKS.

Interlor Appropriations for ~: [ . R· J12Q, Interior Appropriations for 1952. S1gned August 31, 1951 (E· 1· !12)'

~ ~

U. S. PAl.1{AtJt,U FISH PRODUCfION· ·1950

DO YOU KNOW ••••

That fresh and frozen packaged fish product1Qn (fillets, s es B, and spU t butterfly) in the continental United St6:tes duriL 195 otsled 191,524,111 pounds, valued at $53 ,482,794 to the pro~essor. +

decrease of 1 percent in quantity but an increase of .1 percen. as compared with the previous year.

The principal items produced we re oce an rerch (rosefish) #1 (63,128,125 pounds, valued at $1 5,126 ,456) and haddock: fl lets (~ , pounds, valued at $14,275,193)·

Production of groundfish f i lle t s (cod , cusk, naddocK, huk , and ocean perch or rosefish ) dur ing lQ50 ~ounted to 3~,5 , valued at $34,044 ,854' Imports of these fil'ets d r1 t e to 64,799,711 pounds, val~ed at $11,?35,58 0 .

It is estimated tha t about 5 5,~O ,n c po n required for the 191,524 , 11l pounds of pack~ed ~is

Feckaged Fish- -

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