Protest 34481-K of Elder

10 Cust. Ct. 369

• Court: United States Customs Court
• Decided: January 11, 1943
• Docket: No. 47894
• Status: Published

Opinion

Opinion by

Walker, J.

At the trial the importer testified, and one of the so-called kernels which the witness called a “nut” was received in evidence as exhibit 2. However, this witness displayed no qualifications to enable him to testify with authority that exhibit 2 is a nut, nor does it appear that he is a botanist or had any extensive learning or experience on the subject of nuts. No other witnesses were called. On the record presented, which was held insufficient to warrant a finding that the oil in question has therapeutic or medicinal properties and is chiefly used for medicinal purposes, and no effort having been- made to prove that the oil in .question -was not edible, all claims in the protest were overruled.