
    Before the Third Division,
    January 5, 1944
    No. 49116.
    Protest 100097-K of David Kannengiesser (New York).
   Opinion by

Keefe, J.

It was stipulated by counsel that the banana flakes in question are the same in all material respects as those passed upon in Sardik v. United States (8 Cust. Ct. 400, C. D. 646), the record in which case was admitted in evidence herein. In accordance therewith they were held dutiable at 17K percent under paragraph 752, as amended by the trade agreements with Costa Rica (T. D. 49072) and Ecuador (T. D. 49710). Protest sustained to this extent.  