United States v. Fenton Co.

The merchandise, the classification of which is here involved, is Referred to in the record as herring, but Government counsel in open •court concedes that, for the purposes of this case, it may be regarded •as, and is, sea herring. It is agreed that it has been artificially frozen.

The only question raised is whether, as matter of law, it is properly •classifiable under the duty paragraph 717 of the Tariff Act of 1922 providing for—

Fish, fresh, frozen, or packed in ice: Halibut, salmon, mackerel, and swordfish, 2 cents per pound; other fish, not specially provided for, 1 cent per pound—

*539or,…