Ahh, I see. I'd definately RMA the poorer one. That is one nice thing about the PC3700 moniker they apply to this ram, it's easy to RMA it if you choose as it has essentially no chance at running 466MHz in dual channel on an Intel board.
I think of it as really good PC3200 ram, as any 5ns chip ought be thought of. It is capable of 430-450MHz at 2-2-2-5 with 2.85V, and more with the 3-3.1V it takes to optimize any BH5 ram. Worst case is 400MHz at the very tightest timings with any an all productive bios optimzations enabled.
I do think Kingston HyperX 3000 is more consistant, and maybe a touch better overall. But the economy of the Buffalo makes it a no brainer for a lot of users. Sorry you didn't get two perfect sticks, but this can happen with any ram and is likely just one slightly less-talented chip on one stick rather than any particular quality issue.
The four PC3700 Buffalo sticks I have tried have been very consistant and are working very well. Even the 3200 CH5 I tried was pretty darn good for CH5. But since you see a clear difference between the two sticks you have I would pay the priority mail to swap the poorer one out.