rul?/- 1951 



:CM-'EiECIAL FlbliFSISS REVIEW 



59 



"primes" and "seconds." The term-does 

 not include terneplate, waste-waste, or 

 terneplate waste. "Terne metal" means 

 the lead-tin alloy used as the coating for 

 terneplate, but does not Include lead re- 

 covered from secondary sources which 

 contains less than 1.5 percent residual 

 tin. 



(d) "SCMT" means special coated 

 manufacturers' terneplate. 



(e) "Waste" means scrap tin plate and 

 terr "Plate (including strips and circles) 

 produced in the ordinary course of man- 

 ufacturing cans, and tin plate and terne- 

 plate strips produced In the ordinary 

 course of manufacturing tin plate and 

 terneplate, The term also Includes tin 

 plate and terneplate parts recovered from 

 used cans. 



(f) "Waste-waste" means hot-dipped 

 or electrolytic tin-coated steel sheets or 

 steel sheets coated with terne metal 

 which have been rejected during process- 

 ing by the producer because of imper- 

 fections which disqualify such sheets 

 from sale as primes or seconds. 



(g) "Black plate" means steel sheets 

 (other than tin plate or terneplate) 

 29-gage (128 pounds) or lighter. The 

 term Includes can manufacturing qual- 

 ity black plate (CMQ), "black plate re- 

 jects," chemically treated black plate 

 (CTB) , waste-waste, and waste. 



(h) "Packer" means any person who 

 either (1) purchases empty cans and 

 fills such cans in packing any product 

 or (2) purchases empty cans and has 

 them filled for his account by another 

 party, but who controls sale and dis- 

 tribution of the finished nroduct after 

 packing, 



(1) 'Terson" means any individual, 

 corporation, partnership, association, or 

 any other organized group of persons, 

 and Includes any agency of the United 

 States or any other government. 



Sec, 3. Restrictions on use of cans. 

 Subject to the exceptions set forth in 

 section 9 of this order, no packer shall 

 purchase, accept delivery of, or use cans 

 for any purpose other than for packing, 

 in accordance with the can specifications 

 and quota limitations set out in Schedule 

 I appearing at the end of this order, a 

 product listed in Schedule I. 



Sec 4. Other restrictions. 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 any other 

 order or regulation of the National Pro- 

 duction Authority (hereinafter called 

 "NPA"), No person shall sell or deliver 

 cans which he knows or has reason to 

 believe will be exported outside of the 

 continental limits of the United States, 

 its territories and possessions (unless 

 such export is to Canada) , except as per- 

 mitted under paragraph (h) of section 9 

 of this order. 



Sec, 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 delivery would be 

 made to exceed, a practicable minimum 

 working Inventory (as defined in § 10.4 of 



NPA Reg. 1) of cans required by him- 

 for packing produsts Jijted in Schedule 

 I of this order in accordance with the 

 quota and material limitations set forth 

 in Schedule I. 



Sec 6. Restrictions on amount of cans 

 that may be used for packing, (a) This 

 order, by previous amendments, required 

 a packer, commencing with the second 

 quarter of 1951, to choose as his bass 

 year either tiie calendar year 1949 or 

 the calendar year 1950. Such require- 

 ment continues to apply to all packers. 

 Any packer who has so chosen his base 

 year for computing his permissible 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 all com- 

 putations required by paragraph (b> of 

 this section, for the third calendar quar- 

 ter of 1951 and succeeding quartera, en 

 his base year so chosen. 



(b) Commencing with the third cal- 

 endar quarter of the yer.r 1951 and each 

 succeeding calendar quarter thereafter, 

 until otherwise ordered by NPA, no 

 packer 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 per- 

 centage listed in Column (3) of Sched- 

 ule 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 sen- 

 tence and elsewhere in this order when 

 apphed to the corresponding quarter of 

 his base year, means the total area of 

 tin plate, terneplate, and black plate used 

 In the manufacture of such cans. Where 

 the word "unlimited" appears in Column 

 (3) of Schedule I opposite a particular 

 product, a packer may use the specified 

 cans in an unlimited quantity to pack 

 that particular product, subject to the 

 Inventory restriction contained in sec- 

 tion 5 of this order. If a packer used- 

 less than the limited amount of cans 

 permitted for packing a particular prod- 

 uct during the first or second quarters 

 of 1951, he may use the unused amount 

 for packing that particular product at 

 any time during the balance of the cal- 

 endar year 1951. If a packer uses less 

 than the limited amount of cans per- 

 mitted for packing a particular product 

 during the third calendar quarter of 

 1951 he may use the unused amount for 

 packing that particular product during 

 the balance of the calendar year 1951. 

 No packer may assign, transfer, or sur- 

 render, to or for the benefit of any other 

 person', his permissible can quota for any 

 calendar quarter or any part or parts of 

 such quota, 



(c) In certain instances Column (3) 

 of Schedule I of this order authorizes one 

 quota if a particular product is packed 

 In cans of larger size or sizes and a dif- 

 ferent quota if such product is packed in 

 cans of smaller size or sizes. In such in- 

 stances, the packer's base period usage 

 for packing that product in cans of larger 

 size or sizes determines his permitted 



base for packing such product in such 

 larger size or sizes during the thiid quar- 

 ter of 1951 and thereafter, and his base- 

 period usage for packing such product in 

 cans of smaller size or sizes determines 

 his permitted base for packing such 

 product in such smaller size or sizes dur- 

 ing the third quarter of 1951 and there- 

 after. In any such instance, a packer, 

 for packing such product, may increase 

 his permitted base of cans of a larger 

 size or sizes by that area of tin plate, 

 terneplate, and black plate by which he 

 decreases his permitted base of cans of 

 a smaller size or sizes for packing such 

 product, but he may not increase his 

 permitted base of cans of a smaller size 

 or sizes for packing such product by 

 decreasing the area of tin plate, terne- 

 plate, and black plate used by him for 

 cans of a larger size or sizes for packing 

 such product. 



Sec. 7, Stajidards for adjustments. In 

 any case where the provisions of section 6 

 of this order may be subject to adjust- 

 ment 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 hereafter amended, determina- 

 tions of adjustments may be made by the 

 packer in accordance with the standards 

 and subject to the conditions stated in 

 said Direction 1. 



Sec, 8. Manufacturing and delivery 

 preferences, (a) So far as practicable, 

 every can manufacturer shall schedule 

 his operations (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. Where he 

 is unable to schedule all orders for cans 

 for delivery at the times required, he 

 shall schedule his operations and select 

 the orders to be placed in his production 

 schedule according to the following 

 preferences : 



(1) All DO rated orders and any other 

 orders under NPA directives ; 



(2) Requirements for cans to pack 

 products designated with the letter A in 

 column (2) of Schedule I; 



(3) Requirements for cans to pack 

 products designated with the letter B in 

 Column (2) of Schedule I. 



(b) A can manufacturer must not fill 

 orders for cans with preference B desig- 

 nations if by doing so he will make him- 

 self unable to meet deliveries which he 

 reasonably anticipates will be required 

 for cans with preference A designation. 

 If, after filling all reasonably anticipated 

 requirements for cans with preference A 

 designations, a can manufacturer is un- 

 able to fill all his requirements for cans 

 with preference B designations, he must 

 equally distribute such shortage against 

 all requirements for cans with preference 

 B designations. 



Sec 9. Exceptions, (a) The can ma- 

 terial specifications ^et out in Schedule 

 1 of this order do not apply to the use 

 of any cans which were in the inventory 

 of a packer or in the inventory of a can 

 manufacturer or in process of manufac- 



