Cardinale v. United States

Walker, Judge:

In this suit against the United States plaintiff seeks to recover certain money claimed to have been illegally exacted as customs duties. The merchandise involved consists of sliced, dried mushrooms, packed in tins. Duty was assessed thereon at the rate of 10 cents per pound and 45 per centum ad valorem under the provision in paragraph 768 of the Tariff Act of 1930 for—

*120Mushrooms, fresh or dried * * *

Two claims are made in tbe protest as originally drawn with reference to the classification of the merchandise, viz, first, that it is more properly classifiable under the provision…