Opinion by
Oliver, C. J.
The issue presented herein was decided adversely to plaintiff's contention in Dale Products Corp. et al. v. United States (31 Cust. Ct. 170, C. D. 1565) and United States v. Astra Trading Corp. (44 C. C. P. A. 8, C. A. D. 627). When the case was called for trial, plaintiff requested a continuance pending trial of a new test ease. The request was denied and an order of dismissal for lack of prosecution was entered. The protest was, therefore, dismissed.