Protest 93133-K of Abouchar

Opinion by

When the case was called for trial the importer failed to appear but submitted the protest on the record before the court. Following Borgfeldt v. United States (11 Ct. Cust. Appls. 421, T. D. 39433) it was held that the affidavits in question filed with the collector were insufficient to make a prima facie case showing nonimportation. The protest was therefore overruled.