
    CHOY CHONG WOH & CO. v. UNITED STATES.
    (Circuit Court of Appeals, Second Circuit.
    March 26, 1907.)
    No. 225 (4,165).
    Customs Ditties — Classification—Dried Mushrooms — Mushrooms Preserved in Tins.
    Mushrooms dried in order to preserve them and placed in hermetically sealed tins holding from. 30 to 45 pounds, are within the provision in Tariff Act July 24, 1897, e. 13, § 1, Schedule G, par. 241, 30 Stat. 170 LU. S. Comp. St. 1901, p. 1649], relating to “mushrooms prepared or preserved, in tins, jars, bottles or similar packages,” rather than paragraph 257, 30 Stat. 371 LU. S. Coiup. St. 1901, p. 1630], relating to “vegetables in their natural state.”
    Appeal worn the Circuit Court of the United States for the Southern District of New York.
    The decision below reads as follows:
    WHEELER, District Judge. These aro mushrooms dried wholly by evaporation, without other treatment, and imported in large zinc-lined boxes for protection and convenience in transportation. They appear to be “vegetables in their natural state,” as classified (Kraut v. TJ. S. fC. C.] 139 Eed. 94), and do not appear to be in any sense preserved in tins, jars, bottles, or similar packages as claimed.
    Decision affirmed.
    Everit Brown, for importers.
    D. Frank Floyd, Asst. U. S. Atty.
    Before FACOMBE, TOWNSEND, and COXF, Circuit Judges.
   PER CURIAM.

The articles in question are mushrooms inclosed in tin boxes holding from 30 to 45 pounds. They were assessed for duty under paragraph 257, Act July 24, 1897, c. 11, § 1, Schedule G, 30 Stat. [¶] S. Comp. St. 1901, p. 1650], at 25 per cent, ad valorem as “vegetables in their natural state, not specially provided for.” The importers, appealing from this classification and assessment, claim that the mushrooms in this condition are dutiable at 2cents per pound, under the provision of paragraph 241 of said act for “beans, peas, and mushrooms prepared or preserved, in tins, jars, bottles or similar packages.” The uucontradicted testimony is to the effect that these mushrooms have been sun dried or kiln dried, or both, in order to preserve them, and have then been placed in hermetically sealed tins, inclosed in outside wooden boxes to protect the tin. There can be no question, therefore, that these mushrooms are “prepared or preserved in tins,” and, being thus specially provided for by paragraph 241, are excluded from the provisions of paragraph 257.

The judgment is reversed.  