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Questions and Answers Regarding M-208

(Continued from Page 25) orders specifying delivery on September 30, whic! , one should be filled first if he cannot fill both on time?

A. Both orders are treated as bearing A-l-a ratings. Priorities Regulation No. I provides that when two orders bear the same rating and specify the same delivery dates, the one first received in proper-form, shall have precedence. Had they specified different ' delivery dates, the one specifying the earlier date would be entitled to priority. But the producer or distrihutor should filI the other order as soon as ' possible

AO.Q.If a retailer sells 5,000 feet on Class 1 orders, 5,000 feet on Class 2 orders, 5,000 feet on Class 3 orders, 5,000 feet on Class 4 orders, and 5,000 feet on miscellaneous unclassified orders and then places an order with a mill for 25,000 feet to replace his stock, to what rating is he entitled?

A. The retailer is entitled to the rating provided in Class 1 to replace the 5,000 feet he sold to a class 1 customer. He cannot apply this rating to the total order of 25,000 feet. But he may place a single order for the 25,000 feet provided he shows as separate items the footage to which each of the four preference ratings relates.

21. -O-. Can idealer replace inventory sold on Class 1 orders?

A. Yes, by extending preference ratings received on _or- ders bearing ratings falling within Class 1; in doing so he is governed by paragraph (d) of Priorities Regulation 3.

22.Q. How long may a seller rvait befor'e replacing his inventory ?

A. A seller may extend a rating to replace inventory only within 90 days, and he may not, in replacing, swell his inventory in excess of a sixty-day supply.

23.Q.May mills sell "mill run" or mixed grades, which includes grades listed in paragraph (f) 1 (iii) or (iv), only on Class 1 or Class 2 or Class 3 orders?

A.Yes, this paragraph restricts use and delivery of the grades specified whether they are sold as such grades or whether they are included in a mill run mixed grade.

24. Q. To what rating is lumber for delivery for ships con. structed by a private shipbuilding company entitled ?

A. To the highest preference rating included within the class which embraces the rating specifically applied or extended to the order; if no rating is specifically applied or extended, and if the ship rvill be delivered to the Navy, etc., an AA-2x rating is assigned by M-m8.

25.Q. A dealer has an order for lumber for defense housing to which a project rating of AA-3 has been applied or extended. Defense housing is in List B. How should the dealer handle the order?

A. If the housing project rating of AA-3 is extended to the order for softl.vood the order is entitled to be placed in a Class 2 regardless of the fact that defense housing is specifically listed in List B. The A-l-a assigned to defense housing in M-208 is assigned to deliveries of softwood lumber for that purpose only if no higher ratings are specifically applied or extended.

26.Q.A mill cuts nothing but 2 x 4-4 ft. from plywood bolts. Is it required to take orders for I x 4-_8 ft. which it could-manufacture but normally does not?

A. A rated order must be accepted and filled unless the lumber is of a kind which has not been usually sold by the person to whom such order is offered, and which Cither is not capable of being produced by such person without substantial alteration of or addition to such persons facilities or is readily obtainable from another person by whom it is usually sold.

27.Q. A remanufacturing plant normally buys large stocks of mill run lumber from small seasonal mills and piles it in its yard for use in the period the mills are not operating. Its inventory at certain periods must be greater than a 60 day supply. How can it avoid violation of paragraph (e) ?

A. It can only avoid violation of paragraph (e). by refraining from accepting deliveries which will swell its inventory beyond a 60 days supply. It rnay file an appeal asking for specific permission to assemble a larger inventory, but until permission is received, it must abide by the restrictions of M-208.

28.9. A rural retail yard normally makes about 75/o of its sales between September I and November 1. Such a yard mugt accumulate inventory in anticipation of the farm building season. May it consider its normal September and October sales as a sixty day supply as of September 1?

A. Yes, such a yard, may cbnsider its normal September and October sales as a sixty-day supply as of September 1.

D.Q.Paragraph (f) 1 provides that no person may use, or purchase, order or accept delivery of certain items of lumber. It does not prohibit sale. Is the seller under any obligation to determine whether restricted items ordered from him are to be used in accordance with the order?

A. No, except as provided in Paragraph (g) which prohibits him from selling such lumber which he knows or has reason to believe will be received or used in violation of Paragraph (e) or Paragraph (f).

30.Q.Does paragraph (f) 2 mean that a producer or distributor may dispose of his present inventory without regard to Order M-208?

A. No, the restriction of paragraph (f) apply to the in, ventory of a producer or distributor. Paragraph (f)

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