[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR23.26]

[Page 152-153]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 23_GUIDES FOR THE JEWELRY, PRECIOUS METALS, AND PEWTER INDUSTRIES
--Table of Contents
 
Sec. 23.26  Misuse of the words ``flawless,'' ``perfect,'' etc.

    (a) It is unfair or deceptive to use the word ``flawless'' as a 
quality description of any gemstone that discloses blemishes, 
inclusions, or clarity faults of any sort when examined under a 
corrected magnifier at 10-power, with adequate illumination, by a person 
skilled in gemstone grading.
    (b) It is unfair or deceptive to use the word ``perfect'' or any 
representation of similar meaning to describe any gemstone unless the 
gemstone meets the definition of ``flawless'' and is not of inferior 
color or make.
    (c) It is unfair or deceptive to use the word ``flawless,'' 
``perfect,'' or any representation of similar meaning to describe any 
imitation gemstone.

 Appendix to Part 23--Exemptions Recognized in the Assay for Quality of 
 Gold Alloy, Gold Filled, Gold Overlay, Rolled Gold Plate, Silver, and 
                       Platinum Industry Products

    (a) Exemptions recognized in the industry and not to be considered 
in any assay for quality of a karat gold industry product include 
springs, posts, and separable backs of lapel buttons, posts and nuts for 
attaching interchangeable ornaments, metallic parts completely and 
permanently encased in a nonmetallic covering, field pieces and bezels 
for lockets, \1\ and wire pegs or rivets used for applying mountings and 
other ornaments, which mountings or ornaments shall be of the quality 
marked.
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    \1\ Field pieces of lockets are those inner portions used as frames 
between the inside edges of the locket and the spaces for holding 
pictures. Bezels are the separable inner metal rings to hold the 
pictures in place.

    Note: Exemptions recognized in the industry and not to be considered 
in any assay for quality of a karat gold optical product include: the 
hinge assembly (barrel or other special types such as are customarily 
used in plastic frames); washers, bushings, and nuts of screw 
assemblies; dowels; springs for spring shoe straps; metal parts 
permanently encased in a non-metallic covering; and for oxfords, \2\ 
coil and joint springs.
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    \2\ Oxfords are a form of eyeglasses where a flat spring joins the 
two eye rims and the tension it exerts on the nose serves to hold the 
unit in place. Oxfords are also referred to as pince nez.

    (b) Exemptions recognized in the industry and not to be considered 
in any assay for quality of a gold filled, gold overlay and rolled gold 
plate industry product, other than watchcases, include joints, catches, 
screws, pin stems, pins of scarf pins, hat pins, etc., field pieces and 
bezels for lockets, posts and separate backs of lapel buttons, bracelet 
and necklace snap tongues, springs,

[[Page 153]]

and metallic parts completely and permanently encased in a nonmetallic 
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covering.

    Note: Exemptions recognized in the industry and not to be considered 
in any assay for quality of a gold filled, gold overlay and rolled gold 
plate optical product include: screws; the hinge assembly (barrel or 
other special types such as are customarily used in plastic frames); 
washers, bushings, tubes and nuts of screw assemblies; dowels; pad 
inserts; springs for spring shoe straps, cores and/or inner windings of 
comfort cable temples; metal parts permanently encased in a non-metallic 
covering; and for oxfords, the handle and catch.

    (c) Exemptions recognized in the industry and not to be considered 
in any assay for quality of a silver industry product include screws, 
rivets, springs, spring pins for wrist watch straps; posts and separable 
backs of lapel buttons; wire pegs, posts, and nuts used for applying 
mountings or other ornaments, which mountings or ornaments shall be of 
the quality marked; pin stems (e.g., of badges, brooches, emblem pins, 
hat pins, and scarf pins, etc.); levers for belt buckles; blades and 
skeletons of pocket knives; field pieces and bezels for lockets; 
bracelet and necklace snap tongues; any other joints, catches, or 
screws; and metallic parts completely and permanently encased in a 
nonmetallic covering.
    (d) Exemptions recognized in the industry and not to be considered 
in any assay for quality of an industry product of silver in combination 
with gold include joints, catches, screws, pin stems, pins of scarf 
pins, hat pins, etc., posts and separable backs of lapel buttons, 
springs, and metallic parts completely and permanently encased in a 
nonmetallic covering.
    (e) Exemptions recognized in the industry and not to be considered 
in any assay for quality of a platinum industry product include springs, 
winding bars, sleeves, crown cores, mechanical joint pins, screws, 
rivets, dust bands, detachable movement rims, hat-pin stems, and 
bracelet and necklace snap tongues. In addition, the following 
exemptions are recognized for products marked in accordance with section 
23.8(b)(5) of these Guides (i.e., products that are less than 500 parts 
per thousand platinum): pin tongues, joints, catches, lapel button backs 
and the posts to which they are attached, scarf-pin stems, hat pin 
sockets, shirt-stud backs, vest-button backs, and ear-screw backs, 
provided such parts are made of the same quality platinum as is used in 
the balance of the article.