Title 15Commerce and TradeRelease 119-73

§295 Standard of fineness of gold articles; deviation

Title 15 › Chapter CHAPTER 8— - FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED THEREFROM › § 295

Last updated Apr 6, 2026|Official source

Summary

Requires that when gold items or items with gold parts are imported, exported, mailed, or turned over to a carrier, the real purity of the gold must be almost the same as the purity shown by any mark, tag, label, or package. The actual fineness cannot be lower by more than three one‑thousandth parts than the marked fineness. If a sample is taken for testing, the piece tested must not include any solder or joining alloy of lower purity. If the whole item is tested all together (including any lower‑purity solder), the total fineness may not be lower than the mark by more than three one‑thousandth parts for watchcases or flatware, or by more than seven one‑thousandth parts for other items. Both kinds of tests apply together.

Full Legal Text

Title 15, §295

Commerce and Trade — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 Amendment Pub. L. 94–450, § 3, Oct. 1, 1976, 90 Stat. 1501, 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

.”

Reference

Citations & Metadata

Citation

15 U.S.C. § 295

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73