
    Before the Second Division,
    April 3, 1951
    No. 55424.
    National Biscuit Company v. United States,
    protest 152036-K (New York).
   Opinion by

Lawrence, J.

From the testimony it appeared that the imported parts are not designed for or used in foodrgrinding or food-cutting machines, but, on the contrary, are used exclusively as repair parts for dough-mixing machinery and perform no cutting operation whatsoever." At the close of the hearing, counsel for the Government conceded that, if " the merchandise were presently imported it would be advisorily classified" as claimed by the plaintiff. From the record before the court the claim of the plaintiff was sustained.  