Fung Chong v. United States

Cline, Judge:

This is a suit against the United States in which the plaintiff seeks to recover a part of the duty assessed on certain merchandise imported from China and invoiced as “Canned Salted Pumelo Peel.” Duty was assessed at 8 cents per pound as prepared *169or preserved fruit peel under paragraph 739 of the Tariff Act of 1930 and the plaintiff claims that the merchandise is subject to duty at 2 cents per pound under the same paragraph as fruit peel in brine. Other claims are made in the protest but are not relied upon by the plaintiff. The pertinent tariff provisions read as follows:

Par.…