
    No. 41679.
    Protest 948588-G of L. Oppleman, Inc. (New York).
   Opinion by

Sullivan, J.

The sample is contained in a cardboard box labeled “Opplem Telescope.” When closed it is a little under two inches in length and extends to about three inches. From the evidence it was found that the article is not chiefly used for the amusement of children. As telescopes are eo nomine covered by paragraph 228 (b) without regard to their practicability the claim at 45 percent was sustained.  