(e) Devices which permit door to be opened as a result of forces or turning moments applied to movable components inside the refrigerator. Those components of a device upon which the safety features of the device depend shall not break, crack, permanently deform, nor show other visible damage when subjected to forces and moments called for in the tests under § 260.5(c). The requirements of paragraph (a) of this section shall be satisfied after the device has been subjected to the tests under § 260.5(c).

(f) Power supply. The device shall operate in accordance with the requirements of this standard with the electric, gas, or other fuel supply either on or off. § 260.5

Tests.

It is the intent of this standard that where tests are not specified, the general and detailed requirements shall be checked by inspection, simple measurement, and by consideration of pertinent standard commercial practices. Compliance with requirements of § 260.4 (a), (c), (d), and (e) shall be checked with the aid of the following tests:

(a) Test for releasing force on door. The force measurements shall be made by means of a force gage with a calibrated accuracy within ±0.3 pound when measuring a force of 15 pounds. The dial of the gage shall be graduated with finest divisions not exceeding 0.2 pound, and the full-scale range shall not exceed 30 pounds. Measurements shall be made at three points on the door near the inside latch edge-one point near the top of the interior space created by removal of all shelving, one point near the bottom, and one point midway between these two points. The requirements of § 260.4 (a) (1) shall be satisfied.

(b) Test for knob torque. The measurement of the turning moment required to operate the knob release shall be made with a torque gage adapted for attachment to the knob or knob shaft. The gage shall have a calibrated accuracy within ±0.10 in.-lb. when measuring a moment of 5 in.-lb. The finest graduations on the dial of the gage shall correspond to a moment increment not greater than 0.10 in.-lb., and the fullscale range shall not exceed 10 in.-lb. in each direction from the null reading. The turning moment shall be applied so as to rotate the knob the full amount required for release, in both a clockwise and a counterclockwise direction. The

angle of rotation required for release shall be checked by means of an angle gage adapted to measure the angle of rotation about the longitudinal axis of the knob shaft. The gage shall have a calibrated accuracy within ±1° at an angle of 45°, and the finest divisions shall not exceed 1°. The requirements of § 260.4 (a) (2) shall be satisfied.

(c) Tests for strength of device components which affect the safety features of the device. These tests shall apply only to devices which permit the door to be opened as a result of forces or turning moments applied to movable components inside the refrigerator.

A turning moment of 20 in.-lb. shall be applied for 50 successive operations in a clockwise direction, followed by 50 successive similar operations in a counterclockwise direction, to components designed to permit the door to be opened as a result of the application of a turning moment to them. The turning moment shall be applied to the outer periphery of the component provided. The gage used for registering the moment applied shall have a calibrated accuracy within ±0.4 in.-lb. when measuring a moment of 20 in.-lb. The finest graduations on the dial of the gage shall correspond to a moment increment not greater than 0.4 in-lb. and the full scale range of the gage shall not exceed 40 in.-lb. in each direction from the null reading. The turning moment applied in each operation shall be applied for a period of time sufficient for the component to come to rest after completing the extent of movement for which designed. A pushing force of 20 pounds shall be applied for 50 successive operations, followed, if applicable, by 50 successive similar operations with a pulling force, to components designed to permit the door to be opened as a result of the application of a force to them. Areas which may be, in service, subjected to pushing or pulling forces which create maximum stresses, as for example, points on the outer periphery of components designed to transmit a turning moment, or unsupported portions of members or areas designed for transmitting a force, shall be subjected to test. The gage used for registering the force applied shall have a calibrated accuracy within ±0.4 pound when measuring a force of 20 pounds. The finest graduations on the dial of the gage shall correspond to a force not in excess of 0.4 pound and the full-scale range shall not exceed 40 pounds.

Upon being subjected to the tests in this paragraph, no device component on which the safety features of the device depend shall break, crack, permanently deform, or show other visible damage. The device must satisfy the requirements of § 260.4 (a) after being subjected to the tests in this paragraph.

(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 deems appropriate.

AUTHORITY: The provisions of this Part 363 issued under sec. 17, 42 Stat. 854; 15 U.S.C. 157 unless otherwise noted.

SOURCE: The provisions of this Part 363 appear at 13 F.R. 7633, Dec. 9, 1948, unless otherwise noted.

§ 363.1 Authority and effective date.

Whereas the Secretary of Commerce is authorized by the China Trade Act of 1922, as amended, to make such regulations as may be necessary to carry into effect the functions vested in him or in the Registrar by said act, the regulations in this part are hereby approved and adopted and shall become effective July 1, 1935.

When used in this part, unless the context otherwise indicates,

(a) The term "Secretary" means the Secretary of Commerce;

(b) The term "Registrar" means the Registrar of the China Trade Act; and

(c) The term "corporation" means a corporation organized under the provisions of the China Trade Act (42 Stat. 849, 43 Stat. 995; 15 U.S.C. 141-162). § 363.3

Articles of incorporation.

(a) Articles of incorporation shall be filed in quintuplicate (accompanied by Application Form No. 1, in duplicate)

with the Secretary of Commerce at Washington, D.C., direct, when emanating within the United States, or with the Registrar for transmission to the Secretary when emanating within China.

(b) The original articles of incorporation shall be signed and acknowledged by all of the incorporators.

(c) The articles of incorporation shall state the names, addresses, and nationalities of the incorporators; the particular business in which the corporation is to engage so as to clearly show how the corporation will aid in developing markets in China for goods produced in the United States; and otherwise conform to the requirements of section 4 (b), subheadings (1) to (7), inclusive, of the China Trade Act.

(d) Said articles shall also state the name and address of the corporation's accredited agent, who shall reside within the District of Columbia. Any successor to said agent shall be appointed as provided for by § 363.12, without amendment to Articles of Incorporation (see sec. 20 (b) of the act.

(Secs. 4, 20 (b), 42 Stat. 850, 855, as amended; 15 U.S.C. 144, 160)

(Sec. 4, 42 Stat, 850, as amended; 15 U.S.C. 144)

§ 363.5 Application for certificate of incorporation.

Persons desiring to incorporate under the provisions of the China Trade Act shall make application, in duplicate, for a certificate of incorporation.

§ 363.6 Certificate of property value.

(a) Each certificate of property value shall be filed in duplicate by the corporation with the Registrar or the Secretary, as the case may be.

(b) There shall be filed with each such certificate a statement in duplicate by the owner of any property to be received by the corporation in payment for its stock, showing the date he purchased the same, the price paid therefor, and the

amount, if any, for any lien, mortgage, or other encumbrance against said property at the time it is placed in the custody of the directors as provided for by section 4 (b) of the act.

(c) There shall be filed, in duplicate, with the certificate of property value, a statement under oath of two disinterested persons acceptable to the Registrar or Secretary, as the case may be. (Sec. 4, 42 Stat. 850, as amended; 15 U. 8. C. 144)

§ 363.7

Certificate of amendment to articles of incorporation.

§ 363.9 Certificate of authorization for

extension.

(a) The certificate of amendment to articles of incorporation shall be signed by the president, or other authorized officer, and attested by the secretary of the corporation, and filed in quintuplicate with the Secretary or with the transmission to Registrar for Secretary.

(b) When a certificate of amendment to articles of incorporation is for the purpose of increasing the capital stock of said corporation, a duly authorized officer thereof shall file with said certificate, in duplicate, a certified statement to the effect that 25 per centum of the increased capital stock has been subscribed to in good faith: Provided, That no certificate, authorizing the increase of capital stock, shall be delivered to a corporation unless there is filed with the Registrar or the Secretary, as the case may be, a statement under oath, in duplicate, by an authorized officer of the corporation that 25 percent of said increased capital stock has been paid in in cash, or in real or personal property, as provided for by section 8 of the act. (Sec. 8, 42 Stat. 851; 15 U. S. C. 148)

§ 363.8 Certificate of authorization for voluntary dissolution.

(a) The certificate of authorization for voluntary dissolution shall be signed by the president or other authorized officer and attested by the secretary of the corporation and filed, in quintuplicate, with the Secretary or with the Registrar for transmission to the Secretary.

(b) Before any such corporation shall be deemed voluntarily dissolved under the provisions of section 10 (c) of the China Trade Act there shall be issued by the Secretary a certificate to the effect that such corporation has conformed to the requirements of said act.

(Sec. 10, 42 Stat. 852, as amended; 15 U.S.C. 150)

duly authorized officer of the corporation:

(a) Two copies of the minutes of any such meeting, which shall set forth in detail the action taken or business transacted. Said minutes shall also show that notice of call (unless waived) was delivered or mailed to each stockholder of record and the date thereof. In lieu of filing two certified copies of said notice the same may be incorporated, verbatim, in the minutes.

(b) Notice of call of a stockholders' meeting may be waived by the stockholders filing with a proper officer of the corporation waivers of said notice in writing, signed by all of said stockholders of record. When notice is so waived the secretary of the corporation or other authorized officer thereof, may file his certificate, in duplicate, to the effect that waivers of notice of the particular meeting have been signed by all said stockholders and filed with such officer. Such certificate shall be accepted in lieu of certified copies of waivers filed by said stockholders with the corporation.

(c) When any share of stock is voted by proxy, the secretary or other authorized officer of the corporation may file his certificate, in duplicate, showing the total number of shares voted by proxy at any such meeting, the name and address of each stockholder represented by proxy, the name and address of each proxy voting at such meeting, the number of shares voted by each said proxy, and that the proxies so voted were authorized by an instrument in writing signed and filed by each said stockholder with the corporation. Said certificate