Protests 713642-G of Turin Grotto Restaurant

Opinion by

Cline, J.

The invoices describe the merchandise as Italian peeled tomatoes and tomato sauce. A question arose on circuit whether, in view of Vitelli v. United States (2 Cust. Ct. 326, C. D. 154), affirmed in Vitelli v. United States (28 C. C. P. A. 131, C. A. D. 134), on tomato paste, the plaintiff should be precluded from presenting his case insofar as tomato sauce is concerned. The court held that he should not be precluded from so doing. No sample was produced but the plaintiff introduced testimony of the owner of the restaurant in question, who is the importer of the merchandise.…