*736Opinion by
McClelland, P. J.It was stipulated that the merchandise consists .of pencils marked with names other than the manufacturers’ or the manufacturers’ trade name or trade-mark, similar to those passed upon in 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.