15 U.S.C. § 295 — Standard of fineness of gold articles; deviation

submitted 120 years ago by ch. 3289 to r/title-15-COMMERCE-AND-TRADE · 358 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets how far off a gold item's true purity can be from the fineness marked on it, when the item is shipped, mailed, or transported. The allowed gap is up to three parts per thousand for the tested part alone, and up to three parts per thousand for watchcases and flatware, or seven for other items, when solder and other joining metal are included. Both tests apply together, not as alternatives.

This law applies to gold or gold-alloy merchandise that is imported into or exported from the United States, mailed through the U.S. mail, given to a common carrier for shipping, or otherwise transported as described in section 294 of this title. The actual purity, or "fineness," of the gold or alloy cannot fall short of the fineness marked on the item — whether stamped, branded, engraved, or printed on the item itself, on a tag, card, or label attached to it, or on its box, package, cover, or wrapper — by more than three parts per thousand. First proviso: When testing an item's fineness under this standard, the part tested cannot include any solder or lower-fineness alloy used to braze or join the item's parts together. Second proviso: Separately, the entire item's fineness — this time including all the solder and joining alloy, tested together as one piece — cannot fall short of the marked fineness by more than three parts per thousand for a watchcase or flatware, or more than seven parts per thousand for any other such item. These two tests and standards work together, not as alternatives — an item must pass both.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (June 13, 1906, ch. 3289, § 2, 34 Stat. 260; Pub. L. 94–450, § 2, Oct. 1, 1976, 90 Stat. 1501.)

history & why it existsrecord from the source credit

1906Enacted · Act of June 13, 1906, ch. 3289 · 34 Stat. 260
1976Amended · Pub. L. 94-450 · 90 Stat. 1501

A history note hasn’t been published yet. The record shows enactment by ch. 3289 on 1906-06-13.

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