Opinion by
Dallingee, J.It was stipulated that the merchandise consists-of pencils stamped with names other than the manufacturers’ or the manufacturers’ trade name or trade mark the same as those the subject of United States v. Favor (24 C. C. P. A. 399, T. D. 48854). The claim at 50 cents per gross and 25 percent ad valorem under paragraph 1549 (a) was therefore sustained.