Protest 948581-G of Montgomery Ward & Co. , 3 Cust. Ct. 366 ( 1939 )

Opinion by

Sullivan, J.

It was stipulated that the merchandise consists of microscope sets the same as those passed upon in United States v. Wolf (26 C. C. P. A. 243, C. A. D. 23) and held dutiable at 45 percent under paragraph 228 (b). As there was no claim made under this paragraph the protest was overruled. Brown, J., dissented.