§ 295. — Standard of fineness of gold articles; deviation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC295]
TITLE 15--COMMERCE AND TRADE
CHAPTER 8--FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED
THEREFROM
Sec. 295. Standard of fineness of gold articles; deviation
In the case of articles of merchandise made in whole or in part of
gold or of any of its alloys so imported into or exported from the
United States, or so deposited in the United States mails for
transmission, or so delivered for transportation to any common carrier,
or so transported or caused to be transported as specified in section
294 of this title, the actual fineness of such gold or alloy shall not
be less by more than three one-thousandth parts than the fineness
indicated by the mark stamped, branded, engraved, or printed upon any
part of such article, or upon any tag, card, or label attached thereto,
or upon any box, package, cover, or wrapper in which such article is
incased or inclosed: Provided, That in any test for the ascertainment of
the fineness of any article mentioned in this section, according to the
foregoing standards, the part of the article taken for the test,
analysis, or assay shall be such part or portion as does not contain or
have attached thereto any solder or alloy of inferior fineness used for
brazing or uniting the parts of said article: Provided further, That, in
addition to the foregoing tests and standards, the actual fineness of
the entire quantity of gold or of its alloys contained in an article
mentioned in this section, including all solder and alloy of inferior
fineness used for brazing or uniting the parts of such article (all such
gold, alloys, and solder being assayed as one piece), shall not be less
by more than three one-thousandth parts, in the case of a watchcase or
flatware, or than seven one-thousandth parts, in the case of any other
such article, than the fineness indicated by the mark stamped, branded,
engraved, or imprinted upon such article, or upon any tag, card, or
label attached thereto, or upon any box, package, cover, or wrapper in
which such article is incased or inclosed, it being intended that the
standards of fineness and the tests or methods for ascertaining the same
provided in this section for articles mentioned therein shall be
concurrent and not alternative.
(June 13, 1906, ch. 3289, Sec. 2, 34 Stat. 260; Pub. L. 94-450, Sec. 2,
Oct. 1, 1976, 90 Stat. 1501.)
Amendments
1976--Pub. L. 94-450 substituted ``three one-thousandth parts'' for
``one-half of one carat'', ``in an article mentioned in this section''
for ``in such article'', ``than three one-thousandth parts, in the case
of a watchcase or flatware, or than seven one-thousandth parts, in the
case of any other such article,'' for ``than one carat'', struck out
``in the case of any article mentioned in this section'' which followed
``Provided, further, That'', and exception which permitted the actual
fineness of gold or its alloys used for watchcases and flatware to be
not less by more than three one-thousandth parts the fineness indicated
by stamp or label.
Effective Date of 1976 Amendment
Section 3 of Pub. L. 94-450 provided that: ``The amendments made by
section 2 of this Act [amending this section] shall take effect five
years after the date of enactment of this Act [Oct. 1, 1976] and shall
not apply with respect to any article of merchandise which is sold by
any manufacturer or importer before the effective date of such
amendments.''
Section Referred to in Other Sections
This section is referred to in sections 294, 298, 299, 300 of this
title.
