Opinion by
Keefe, J.It was stipulated that the merchandise consists - of graphite and plumbago which is practically identical in condition with the graphite passed upon in Starkey v. United States (6 Cust. Ct. 118, C. D. 444). In accordance therewith the graphite in question was held dutiable as amorphous graphite at 5 percent under paragraph 213 and T. D. 49753. The protests were therefore sustained.