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APPENDIX

EXHIBIT 1

EXPORT TRADE ACT (WEBB-POMERENE. LAW,

40 STAT. 516)

[PUBLIC_No. 126—65TH CONGRESS]

(H. R. 23161

AN ACT To promote export trade, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the words "export trade” wherever used in this Act mean solely trade or commerce in goods, wares, or merchandise exported, or in the course of being exported from the United States or any Territory thereof to any foreign nation; but the words "export trade” shall not be deemed to include the production, manufacture, or selling for consumption or for resale, within the United States or any Territory thereof, of such goods, wares, or merchandise, or any act in the course of such production, manufacture, or selling for consumption or for resale.

That the words "trade within the United States” wherever used in this Act mean trade or commerce among the several States or in any Territory of the United States, or in the District of Columbia, or between any such Territory and another, or between any such Territory or Territories and any State or States or the District of Columbia, or between the District of Columbia and any State ori States.

That the word "association" wherever used in this Act means any corporation or combination, by contract or otherwise, of two or more persons, partnerships, or corporations.

Sec. 2. That nothing contained in the Act entitled “An Act to protect trade and commerce against unlawful restraints and monopolies," approved July

second, eighteen hundred and ninety, shall be construed as declaring to be illegal an association entered into for the sole purpose of engaging in export trade and actually engaged solely in such export trade, or an agreement made or act done in the course of export trade by such association, provided such association, agreement, or act is not in restraint of trade within the United States, and is not in restraint of the export trade of any domestic competitor of such association: And provided further, That such association does not, either in the United States or elsewhere, enter into any agreement, understanding, or conspiracy, or do any act which artificially or intentionally enhances or depresses prices within the

United States of commodities of the class exported by such association, or which substantially lessens competition within the United States or otherwise restrains trade therein.

SEC. 3. That nothing contained in section seven of the Act entitled “An Act to supplement existing laws against unlawful restraints and monopolies, and for other purposes," approved October fifteenth, nineteen hundred and fourteen, shall be construed to forbid the acquisition or ownership by any corporation of the whole or any part of the stock or other capital of any corporation organized solely for the purpose of engaging in export trade, and actually engaged solely in such export trade, unless the effect of such acquisition or ownership may be to restrain trade or substantially lessen competition within the United States.

SEC. 4. That the prohibition against “unfair methods of competition” and the remedies provided for enforcing said prohibition contained in the Act entitled "An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes, approved September twenty-sixth, nineteen hundred and fourteen, shall be construed as extending to unfair methods of competition used in export trade against competitors engaged in export trade, even though the acts constituting such unfair methods are done without the territorial jurisdiction of the United States.

Sec. 5. That every association now engaged solely in export trade, within sixty days after the passage of this Act, and every association entered into hereafter which engages solely in export trade, within thirty days after its creation, shall file with the Federal Trade Commission a verified written statement setting forth the location of its offices or places of business and the names and addresses of all its officers and of all its stockholders or members, and if a corporation, a copy of its certificate or articles of incorporation and bylaws, and if unincorporated, a copy of its articles or contract of association, and on the first day of January of each year thereafter it shall make a like statement of the location of its officers or places of business and the names and addresses of all its officers and of all its stockholders or members and, of all amendments to and changes in its articles or certificate of incorporation or in its articles or contract of association. It shall also furnish to the commission such information as the commission may require as to its organization, business, conduct, practices, management, and relation to other associations, corporations, partnerships, and individuals. Any association which shall fail so to do shall not have the benefit of the provisions of section two and section three of this Act, and it shall also forfeit to the United States the sum of $100 for each and every day of the continuance of such failure, which forfeiture shall be payable into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States brought in the district where the association has its principal office, or in any district in which it shall do business. It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States to prosecute for the recovery of the forfeiture. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.

Whenever the Federal Trade Commission shall have reason to believe that an association or any agreement made or act done by

such association is in restraint of trade within the United States or in restraint of the export trade of any domestic competitor of such association, or that an association either in the United States or elsewhere has entered into any agreement, understanding, or conspiracy, or done any act which artificially or intentionally enhances or depresses prices within the United States of commodities of the class exported by such association, or which substantially lessens competition within the United States or otherwise restrains trade therein, it shall summon such association, its officers, and agents to appear before it, and thereafter conduct an investigation into the alleged violations of law. Upon investigation, if it shall conclude that the law has been violated, it may make to such association recommendations for the readjustment of its business, in order that it may thereafter maintain its organization and management and conduct its business in accordance with law. If such association fails to comply with the recommendations of the Federal Trade Commission, said commission shall refer its findings and recommendations to the Attorney General of the United States for such action thereon as he may deem proper.

For the purpose of enforcing these provisions the Federal Trade Commission shall have all the powers, so far as applicable, given it in “An Act to create a Federal Trade Commission, to define its powers and duties, and for other purposes."

Approved, April 10, 1918.

EXHIBIT 2

44 ASSOCIATIONS REPRESENTING 434 MEMBER COM

PANIES FILING PAPERS UNDER THE EXPORT TRADE ACT, FEBRUARY 1940

Products American Box Shook Export Association, Barr Bldg., Wooden box shooks.

Washington, D. C.
American Hardwood Exporters, Inc., Carondelet Bldg., Hardwood lumber.

New Orleans, La.
American Paper Exports, Inc., 75 West St., New York --- Paper products.
American Provisions Export Co., 80 East Jackson Blvd., Meat products.

Chicago, Ill.
American Soda Pulp Export Association, 230 Park Ave., Soda pulp.

New York.
American Spring Manufacturers Export Association, 30 Railway springs.

Church St., New York.
American Tire Manufacturers Export Association, 30 Railway tires.

Church St., New York.
California Alkali Export Association, 530 West 6th St., Alkali.

Los Angeles, Calif.
California Dried Fruit Export Association, 1 Drumm St., Dried fruit.

San Francisco, Calif.
California Prune Export Association, 1 Drumm St., San Dried prunes.

Francisco, Calif.
California Rice Exporters, 351 California St., San Fran- Rice.

cisco, Calif.
Carbon Black Export, Inc., 500 5th Ave., New York.-- Carbon black.
Cement Export Co., Inc., The, 150 Broadway, New York. Cement.
Copper Exporters, Inc., 50 Broadway, New York --- Copper.
Douglas Fir Export Co., Henry Bldg., Seattle, Wash. Lumber, fir, etc.
Durex Abrasives Corporation, 63 Wall St., New York--- Abrasives.
Electrical Apparatus Export Association, 70 Pine St., Electrical apparatus.

New York.
Electrical Export Corporation, 100 West 10th St., Wil- Do.

mington, Del.
Export Screw Association of the United States, 23 Acorn Screws.

St., Providence, R. I. Florida Hard Rock Phosphate Export Association, Phosphate, hard rock.

Savannah Bank & Trust Bldg., Savannah, Ga. General Milk Co., Inc., 19 Rector St., New York.--- Milk, condensed. Goodyear Tire & Rubber Export Co., The, 1144 East Rubber products.

Market St., Akron, Ohio.
International Wood 'Naval Stores Export Corporation, Wood naval stores.

Gulfport, Miss.
Metal Lath Export Association, The, 47 West 34th St., Metal lath.

New York.
Northwest Dried Fruit Export Association, Title and Dried fruit.

Trust Bldg., Portland, Oreg.
Pacific Forest Industries, Tacoma Bldg., Tacoma, Wash-- Plywood.
Pacific Fresh Fruit Export Association, 333 Pine St., San Fresh fruit.

Francisco, Calif.
Pencil Industry Export Association 703 East 13th St., Pencils, pens, etc.

New York. Phosphate Export Association, 393 7th Ave., New York.. Phosphate, pebble.

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