
    Before the First Division,
    December 16, 1944.
    No. 49871.
    Protest 76638-K of Westergaard, Berg-Johnsen Co. (New York).
   Opinion by

Cole, J.

At the trial the appraiser’s advisory report and the collector’s letter transmitting the protest to the court were received in evidence by consent of the parties. In these official papers it was conceded that the merchandise in question is in fact of the kind claimed by the plaintiff. In accordance therewith the protest was sustained.  