Protest 119045-K of F. B. Wilcon Co. , 18 Cust. Ct. 171 ( 1947 )

Opinion by

Cline, J.

At the trial it was disclosed that the weight used by the collector as the basis of duty was the net landed weight of 93 cases rather than 80 cases. It was therefore stipulated that the importation in question consisted of 80 cases of fresh swordfish, the net landed weight of which was 24,245 pounds. In view of the evidence presented the claim of the plaintiff was sustained.