5. The Applicants submitted that it was desirable that an Order-in-Council, as provided in the Act, should be made in the case of Gold Leaf on the ground that Gold Leaf made in the United Kingdom was generally thicker and more valuable than imported Gold Leaf, but that the purchaser could not tell from the appearance of the Leaf which he was buying. They urged that the indication should be borne at the time of importation on every sheet of tissue paper in the book, and they further suggested, as one possible method of marking, that the books should be stamped with a perforated mark in such a way that the indication should appear right through the book-on both front and back of the cover and also on each sheet of tissue paper. Since the tissue paper overlaps the leaves of precious metal by from th inch to th inch, they considered that no injury would result to the Leaf if an indication of origin appeared in this narrow margin on the edge of the book. The Applicants suggested the possibility that a similar method of marking might also be applied in the case of Silver Leaf sold in books. In the case of Ribbon Gold, the Applicants proposed that the indication of origin should be stamped across the section of the roll. 6. The opposition to the proposed Order-in-Council was based principally upon the grounds that marking was unnecessary, since most of the Gold and Silver Leaf imported was purchased by experts in the trade, who knew whether they were buying British or imported material, and that any stamping or printing would tend to injure the Leaf and would increase the cost of the Leaf to the consumer in this country. As regards the proposal that the mark should be borne at the time of importation, it was objected that difficulties would arise at the ports, since the Customs officers could not be expected to distinguish between Gold Leaf and imitation Gold Leaf, or between Silver Leaf and Aluminium Leaf. Moreover, there was a risk that examination by the Customs at the ports might injure the Leaf. It was also urged that the proposal would injure the re-export trade, which was stated to be larger than is shown in the Board of Trade Returns, owing to the large importation and exportation by parcel post, the 'statistics of which are incomplete. 7. During the course of the Enquiry we consulted officers of the Board of Customs, in the presence of representatives of the Applicants and Opponents, on certain questions relating to Customs procedure and examination at the ports. 8. After careful consideration of the evidence, we are of opinion that imported Gold and Silver Leaf ought to bear an indication of origin at the time of sale or exposure for sale in the United Kingdom. We consider that it is practically possible to apply such an indication of origin effectively and without injury to the goods, and that in the absence of such an indication there is a danger that certain purchasers or users may be misled as to the origin of the goods. We do not consider that the requirement of an indication of origin at the time of sale or exposure for sale would cause any appreciable injury to trade. 9. It does not, however, appear to us to be necessary or desirable that imported Gold and Silver Leaf should be required to bear an indication of origin at the time of importation, nor do we recommend (in accordance with Section 10 (4) (b) of the Act) that it should be expressly provided in the Order-in-Council that exposure for sale shall include exposure for sale wholesale by a person being a wholesale dealer. 10. As regards the form and manner of application of the indication of origin, we consider that the particular method suggested by the Applicants might result in injury to the leaf, and we are unable to recommend it. 11. We recommend that books of imported Gold and Silver Leaf should be required to bear an indication of origin on each of the outer sides of the cover of the book, and that this indication of origin should be printed or indelibly stamped in a conspicuous manner, either on the cover or on an adhesive label affixed thereto. Where the book has more than one cover, the indication of origin should similarly appear on each cover. 12. We recommend, in the case of imported Ribbon Gold, that the rolls should be indelibly stamped or printed across the section of the roll in a conspicuous manner with an indication of origin. 13. In the case of Silver Leaf not sold in the books referred to above, we recommend that the container, covering or other article in or with which the Leaf is sold or exposed for sale should bear an indication of origin conspicuously printed or indelibly stamped in a prominent position. 14. We think that in the present case the minimum period of three months provided in Section 2, Sub-section 8 (b), of the Act between the date of the making of an Order and the date of its coming into force is sufficient notice to give to the interests concerned. LONDON: PRINTED AND PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE To be purchased directly from H.M. STATIONERY OFFICE at the following addresses: Adastral House, Kingsway, London, W.C.2; 120, George Street, Edinburgh; York Street, Manchester; 1, St. Andrew's Crescent, Cardiff; 15, Donegall Square West, Belfast; or through any Bookseller |