Protests 961296-G of Tassini & Salisch-Parver, Inc.

Cline, Judge:

In these suits against the United States, the plaintiff seeks to recover a part of the duty assessed by the collector at 3 cents per pound under paragraph 772, Tariff Act of 1930, on certain tomatoes in their natural state, imported from Cuba. The plaintiff claims that the commodity is duitable at $0,018 per pound under the trade agreement with Cuba, published in T. D. 47232, or at 3 cents per pound with a reduction of 20 percent of the duty by virtue of the same trade agreement.

The protests, which were consolidated for trial, are now before the court , on rehearing. A previous…