
    Before the Third Division,
    December 26, 1962
    No. 67297.
    Lucas Electrical Service and James G. Wiley v. United States,
    protest 58/10189 (Los Angeles).
   Opinion by

Johnson, J.

At the trial, it was stipulated that duty was assessed at 11% percent ad valorem under the provision in paragraph 369, Tariff Act of 1930, as modified, for parts of automobiles, on 30 starter sets, and that only 15 were contained in the carton. In accordance with stipulation of counsel, it was held that duty is not assessable upon the 15 sets which were not imported with this shipment. The protest was sustained to this extent.  