Opinion by
Mollison, J.At the trial a sample, of the merchandise was received in evidence as exhibit 1. It was stipulated that exhibit 1 is a musical works encased in an ornamental wooden box in the shape of a church, that said exhibit is used as an ornamental music box, and that it has no other use. On the record made, and following United States v. Borgfeldt & Co. (13 Ct. Cust. Appls. 620, T. D. 41461), the claim of the plaintiff was sustained.