
    Before the Third Division,
    November 21, 1945
    No. 50685.
    Protests 23762-K, etc., of Werner Marx et al. (New York).
   Opinion by

Cline, J.

It was stipulated that the merchandise consists of portions of cheese packed in boxes and that all such portions, except the portions described as Tilsit, are similar in all material respects to the cheese the subject of Gruyere Cheese Corp. v. United States (7 Cust. Ct. 171, C. D. 562) and Kraft Phenix Cheese Corp. v. United States (10 id. 271, C. D. 767). In accordance therewith the merchandise in question was held dutiable as claimed.  