Mutual Supply Co. v. United States

Donlon, Judge:

The issue in these two cases, consolidated for purposes of trial, is whether certain vegetable preparations are pickled. Plaintiff claims they are. If so, they are entitled to the benefit of the 17% percent modified rate under the Presidential proclamation of May 13, 1950 (T.D. 52476), pursuant to the Annecy Protocol of Terms of Accession to the General Agreement on Tariffs and Trade (T.D. 52378), effective May 30, 1950, unless eo nomine excluded. The provision for modified rate, under paragraph 775, is as follows:

Vegetables (including horseradish), if pickled, or packed in salt…