Notice to Members
Notice No. 423
11/07/2003
Proposed Amendment to COMEX Rule 12.11, "Weighing of Silver Bars Bearing Approved Brands"
Attached please find a proposed amendment to COMEX Rule 12.11, "Weighing of Silver Bars Bearing Approved Brands" which would require that Licensed Weighmasters weighing silver bars for delivery against the Silver Futures Contract to inscribe its identification stamp on the silver bar, thereby creating a permanent record indicating the name of the Licensed Weighmaster. Silver bars placed in tenderable condition prior to the effective date of the rule amendment with a separate bar number incised thereon will continue to be acceptable for delivery.

The proposed amendment to COMEX Rule 12.11, "Weighing of Silver Bars Bearing Approved Brands" affects a "Special Matter" under the terms of the COMEX By-Laws. Accordingly, COMEX Division Members have ten (10) days to submit a petition signed by owners of at least 155 COMEX Division Memberships requesting a vote of the COMEX Division Members to disapprove the amendments, pursuant to the procedures set forth under COMEX By-Law 205(D). If a petition is not received, or if the amendment is not disapproved, it will be submitted to the Commodity Futures Trading Commission (CFTC).

Bolding indicates additions/strike throughs indicate deletions.

PROPOSED AMENDMENTS TO COMEX RULE 12.11: WEIGHING OF SILVER BARS BEARING APPROVED BRANDS

Any lot of silver which does not have the bar weights stamped or incised on the bars by the refiner, and which is identified by a refiner’s bar list without indicating or specifying the bar weights, but which is otherwise qualified for delivery on Exchange contract, may be put in tenderable condition for such delivery by the following procedure:

(a) The silver must be weighed by an Exchange licensed weighmaster.

(b) The weight of each bar and a separate bar and a separate bar number the identification stamp of the licensed weighmaster must be incised thereon with an appropriate tool which will create a permanent record on each bar.

(c) The weight so marked on each bar shall be to the nearest 1/10th of an ounce.

(d) The weighmaster shall prepare a certificate stating the procedures which he has followed, and said certificate shall be attached to the itemized bar list identifying the bars by number and weights of each.

(e) In all cases in which weighmaster’s certificate is attached to the bar list, the owner of the silver shall add a notation to the bar list giving the name of the weighmaster and stating that the numbers and weights of the bars shown thereon were determined by said weighmaster whose certificate has been attached to the bar list.

(f) The bar list, supplemented by the weighmaster’s certificate, shall be deemed in compliance with the requirements of Rule 12.16(b) on a delivery of the lost of silver on a Commodity Exchange, Inc. contract.

(g) For all silver placed in tenderable condition prior to (the effective date of the amended rule), a separate bar number incised there on with an appropriate tool will be acceptable in lieu of the identification stamp of the licensed weighmaster.
Should you have any questions or require any further information, please contact exchangeinfo@nymex.com