
    Before the First Division,
    October 31, 1940
    No. 44650.
    Protests 946351-G/87827, etc., of American Express Co. (Chicago).
   Opinion by

Brown, J.

It was stipulated that the merchandise is similar to that the subject of American Express Co. v. United States (4 Cust. Ct. 95, C. D. 295) and that none of the item numbers in question consist of Jacquard-figured upholstery cloths. The claim at 40 percent under paragraph 923 was therefore sustained as to certain items.  