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(e) Devices which permit door to be angle of rotation required for release opened as a result of forces or turning shall be checked by means of an angle moments applied to movable components gage adapted to measure the angle of inside the refrigerator. Those compo- rotation about the longitudinal axis of nents of a device upon which the safety the knob shaft. The gage shall have a features of the device depend shall not calibrated accuracy within £1° at an break, crack, permanently deform, nor angle of 45°, and the finest divisions shall show other visible damage when sub- not exceed 1°. The requirements of jected to forces and moments called for § 260.4 (a) (2) shall be satisfied. in the tests under $ 260.5(c). The re- (c) Tests for strength of device comquirements of paragraph (a) of this ponents which affect the safety features section shall be satisfied after the device of the device. These tests shall apply has been subjected to the tests under only to devices which permit the door to § 260.5(c).

be opened as a result of forces or turning (f) Power supply. The device shall moments applied to movable compooperate in accordance with the require- nents inside the refrigerator. ments of this standard with the electric, A turning moment of 20 in.-lb. shall be gas, or other fuel supply either on or off. applied for 50 successive operations in a

clockwise direction, followed by 50 successive $ 260.5 Tests.

similar operations in a counterclockwise diIt is the intent of this standard that

rection, to components designed to permit where tests are not specified, the general

the door to be opened as a result of the appli.

cation of a turning moment to them. The and detailed requirements shall be

turning moment shall be applied to the outer checked by inspection, simple measure

periphery of the component provided. The ment, and by consideration of pertinent gage used for registering the moment applied standard commercial practices. Com- shall have a calibrated accuracy within +0.4 pliance with requirements of $ 260.4 (a), in.-lb. when measuring a moment of 20 in.-lb. (c), (d), and (e) shall be checked with The finest graduations on the dial of the the aid of the following tests:

gage shall correspond to a moment increment

not greater than 0.4 in-lb. and the full scale (a) Test for releasing force on door.

range of the gage shall not exceed 40 in.-lb. in The force measurements shall be made

each direction from the null reading. The by means of a force gage with a cali- turning moment applied in each operation brated accuracy within +0.3 pound when shall be applied for a period of time suficient measuring a force of 15 pounds. The dial for the component to come to rest after of the gage shall be graduated with finest completing the extent of movement for which divisions not exceeding 0.2 pound, and

designed. A pushing force of 20 pounds shall the full-scale range shall not exceed 30

be applied for 50 successive operations, fol

lowed, if applicable, by 50 successive similar pounds. Measurements shall be made at

operations with a pulling force, to comthree points on the door near the inside

ponents designed to permit the door to be latch edge-one point near the top of the opened as a result of the application of a interior space created by removal of all force to them. Areas which may be, in servshelving, one point near the bottom, and ice, subjected to pushing or pulling forces one point midway between these two

which create maximum stresses, as for points. The requirements of $ 260.4 (a)

ample, points on the outer periphery of com(1) shall be satisfied.

ponents designed to transmit a turning

moment, or unsupported portions of mem(b) Test for knob torque. The meas- bers or areas designed for transmitting a urement of the turning moment re- force, shall be subjected to test. The gage quired to operate the knob release shall used for registering the force applied shall be made with a torque gage adapted for

have calibrated accuracy within +0.4 attachment to the knob or knob shaft.

pound when measuring a force of 20 pounds. The gage shall have a calibrated ac

The finest graduations on the dial of the

gage shall correspond to a force not in excuracy within +0.10 in.-lb. when meas

cess of 0.4 pound and the full-scale range uring a moment of 5 in.-lb. The finest

shall not exceed 40 pounds. graduations on the dial of the gage shall correspond to a moment increment not

Upon being subjected to the tests in greater than 0.10 in.-lb., and the full- this paragraph, no device component on scale range shall not exceed 10 in.-lb. in which the safety features of the device each direction from the null reading. depend shall break, crack, permanently The turning moment shall be applied so

deform, or show other visible damage. as to rotate the knob the full amount The device must satisfy the requirements required for release, in both a clockwise of § 260.4 (a) after being subjected to and a counterclockwise direction. The the tests in this paragraph.

ex

a

(d) Simulated use test. Tests shall be conducted on the completely assembled refrigerator in its normal operating position to determine that the release device complies with the requirements of § 260.4 during and after 300,000 cycles of door operation, and following exposure to spillage of foods and beverages, to cleaning and defrosting in accordance with manufacturer's recommendations, and to condensation. The equipment provided for operating the door shall open the door sufficiently on each cycle to assure a complete cycle of operation for the latch mechanism. & 260.6 Provision for changes in the

standard. Section 5 of the act provides for the possibility of changes in the commercial standard first established pursu

ant to section 3 of the act and allows a period of one year and ninety days for compliance with such changes after they are published. Any person wishing to propose a change in this commercial standard shall submit to the Director, National Bureau of Standards, United States Department of Commerce, Washington 25, D. C., the proposed change. Before a change is recommended, the Director, National Bureau of Standards, shall secure advice and consultation from public or private sources including particularly the household refrigerator manufacturing industry and the Children's Bureau of the Department of Health, Education, and Welfare, and shall then forward such proposal with his recommendation to the Secretary of Commerce for such action as the Secretary de ns appropriate.

CHAPTER III-BUREAU OF INTERNATIONAL COMMERCE, DEPARTMENT OF COMMERCE

SUBCHAPTER A-MISCELLANEOUS REGULATIONS

Part 363 364 365 366

China Trade Act regulations.
Trade fairs in the United States.
Mobile trade fairs.
Joint Export Associations.

SUBCHAPTER B-EXPORT REGULATIONS

368 U.S. Import Certificate and delivery verification procedure.
369 Restrictive trade practices or boycotts.
370

Export licensing general policy and related information.
371 General licenses.
372 Individual validated licenses and amendments.
373 Special licensing procedures.
374

Reexports. 375 Documentation requirements. 376 Special commodity policies and provisions. 377 Short supply controls. 378 Special nuclear controls. 379 Technical data. 380—384 [Reserved] 385 Special country policies and provisions. 386 Export clearance. 387 Enforcement. 388 Administrative proceedings. 389 Administrative reviews and appeals. 390 General orders. 391–398 Reserved] 399 Commodity Control List and related matters.

SUBCHAPTER A-MISCELLANEOUS REGULATIONS

PART 363-CHINA TRADE ACT with the Secretary of Commerce at REGULATIONS

Washington, D.C., direct, when emanatSec.

ing within the United States, or with 363.1 Authority and effective date.

the Registrar for transmission to the 363.2 Definitions.

Secretary when emanating within China. 363.3 Articles of incorporation.

(b) The original articles of incorpora363.4 Holding shares of stock in other cor

tion shall be signed and acknowledged porations prohibited.

by all of the incorporators. 863.5 Application for certificate of incorporation.

(c) The articles of incorporation shall 363.6 Certificate of property value.

state the names, addresses, and nation863.7 Certificate of amendment to articles alities of the incorporators; the particuof incorporation.

lar business in which the corporation is to 863.8 Certificate of authorization for vol

engage so as to clearly show how the coruntary dissolution.

poration will aid in developing markets in 863.9 Certificate of authorization for ex

China for goods produced in the United tension. 363.10 Documents of stockholders' meeting

States; and otherwise conform to the to be filed.

requirements of section 4 (b), subhead363.11 Fees.

ings (1) to (7), inclusive, of the China 363.12 Accredited agent.

Trade Act. 363.13 Appeal from decision of Registrar.

(d) Said articles shall also state the 363.14 Inspection of records.

name and address of the corporation's 363.15 Citizenship of incorporators, direc

accredited agent, who shall reside within tors, or officers.

the District of Columbia. Any successor 363.16 Annual report.

to said agent shall be appointed as pro363.17 Filing documents. 363.18 Statement to be filed before certif

vided for by $ 363.12, without amendcate is delivered.

ment to Articles of Incorporation (see 363.19 Forms.

sec. 20 (b) of the act. AUTHORITY: The provisions of this Part 363 (Secs. 4, 20 (b). 42 Stat. 850, 855, as amended; issued under sec. 17, 42 Stat. 854; 15 U.S.C. 15 U.S.C. 144, 160) 157, unless otherwise noted.

§ 363.4 Holding shares of stock in other SOURCE: The provisions of this Part 363

corporations prohibited. appear at 13 F.R. 7633, Dec. 9, 1948, unless otherwise noted.

No corporation formed under the pro8 363.1 Authority and effective date.

visions of the China Trade Act shall

purchase or acquire, either directly or Whereas the Secretary of Commerce is

indirectly, for investment purposes, authorized by the China Trade Act of

shares of stock of any corporation en1922, as amended, to make such regula

gaged in any activity prohibited by sections as may be necessary to carry into

tion 4(c) of the act. effect the functions vested in him or in

(Sec. 4, 42 Stat. 850, as amended; 15 U.S.C. the Registrar by said act, the regulations

144) in this part are hereby approved and adopted and shall become effective July § 363.5 Application for certificate of in1, 1935.

corporation. § 363.2 Definitions.

Persons desiring to incorporate under When used in this part, unless the

the provisions of the China Trade Act context otherwise indicates,

shall make application, in duplicate, for (a) The term “Secretary” means the

a certificate of incorporation. Secretary of Commerce;

§ 363.6 Certificate of property value. (b) The term “Registrar” means the

(a) Each certificate of property value Registrar of the China Trade Act; and

shall be filed in duplicate by the corpo(c) The term “corporation" means a

ration with the Registrar or the Seccorporation organized under the provi

retary, as the case may be. sions of the China Trade Act (42 Stat.

(b) There shall be filed with each such 849, 43 Stat. 995; 15 U.S.C. 141-162).

certificate a statement in duplicate by 8 363.3 Articles of incorporation.

the owner of any property to be received (a) Articles of incorporation shall be by the corporation in payment for its filed in quintuplicate (accompanied by stock, showing the date he purchased the Application Form No. 1, in duplicate) same, the price paid therefor, and the

a

amount, if any, for any lien, mortgage, 8 363.9 Certificate of authorization for or other encumbrance against said prop

extension. erty at the time it is placed in the cus

The certificate of authorization for tody of the directors as provided for by

extension shall be signed by the presisection 4 (b) of the act.

dent or other authorized officer and at(c) There shall be filed, in duplicate,

tested by the secretary of the corporawith the certificate of property value,

tion and filed, in quintuplicate, with the a statement under oath of two disinter

Secretary or with the Registrar for ested persons acceptable to the Regis

transmission to the Secretary. trar or Secretary, as the case may be. (Sec. 4, 42 Stat. 850, as amended; 15 U. 8. C. 363.10 Documents of stockholders' 144)

meeting to be filed. § 363.7 Certificate of amendment to ar

When a stockholders' meeting is held ticles of incorporation.

for any of the purposes stated in section (a) The certificate of amendment to

10(b) of the act, or for any other purarticles of incorporation shall be signed

pose, the following documents shall be by the president, or other authorized

filed with the Registrar or Secretary, as officer, and attested by the secretary of

the case may be (unless made a part of the corporation, and filed in quintupli

the minutes as hereinafter provided), cate with the Secretary or with the

and shall be signed and certified by Registrar for transmission to the

duly authorized officer of the Secretary.

corporation: (b) When a certificate of amendment

(a) Two copies of the minutes of any to articles of incorporation is for the

such meeting, which shall set forth in purpose of increasing the capital stock detail the action taken or business transof said corporation, a duly authorized

acted. Said minutes shall also show officer thereof shall file with said certifi

that notice of call (unless waived) was cate, in duplicate, a certified statement

delivered or mailed to each stockholder to the effect that 25 per centum of the

of record and the date thereof. In lieu increased capital stock has been sub

of filing two certified copies of said notice scribed to in good faith: Provided, That the same may be incorporated, verbatim, no certificate, authorizing the increase

in the minutes. of capital stock, shall be delivered to a (b) Notice of call of a stockholders' corporation unless there is filed with meeting may be waived by the stockthe Registrar or the Secretary, as the holders filing with a proper officer of the case may be, a statement under oath, in corporation waivers of said notice in duplicate, by an authorized officer of the writing, signed by all of said stockholders corporation that 25 percent of said in- of record. When notice is so waived creased capital stock has been paid in the secretary of the corporation or other in cash, or in real or personal property, authorized officer thereof, may file his as provided for by section 8 of the act. certificate, in duplicate, to the effect that (Sec. 8, 42 Stat. 851; 16 U. 8. C. 148)

waivers of notice of the particular meet

ing have been signed by all said stock§ 363.8 Certificate of authorization for

holders and filed with such officer. Such voluntary dissolution.

certificate shall be accepted in lieu of (a) The certificate of authorization

certified copies of waivers filed by said for voluntary dissolution shall be signed stockholders with the corporation. by the president or other authorized

(c) When any share of stock is voted oficer and attested by the secretary of

by proxy, the secretary or other authorthe corporation and filed, in quintupli- ized officer of the corporation may fille cate, with the Secretary or with the

his certificate, in duplicate, showing the Registrar for transmission to the

total number of shares voted by proxy at Secretary.

any such meeting, the name and address (b) Before any such corporation shall

of each stockholder represented by be deemed voluntarily dissolved under the provisions of section 10 (c) of the

proxy, the name and address of each China Trade Act there shall be issued by

proxy voting at such meeting, the numthe Secretary a certificate to the effect

ber of shares voted by each said proxy, that such corporation has conformed to and that the proxies so voted were authe requirements of said act.

thorized by an instrument in writing (Sec. 10, 42 Stat. 852, as amended; 15 U.S.C. signed and filed by each said stockholder 150)

with the corporation. Said certificate

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