Link Snacks, Inc. v. United States, No. 13-1319 (Fed. Cir. 2014)
Annotate this CaseLSI imported beef jerky products consisting of sliced, cooked, cured, and dried meat seasoned with salt and other spices and flavors from New Zealand and Brazil. The manufacturing process for the imported jerky involves curing the sliced boneless beef in a mixture of seasoning, sodium nitrate, and water for 24 to 48 hours, after which the meat is cooked and smoked for several hours. In airtight bags, the product has a shelf life of 18–20 months. U.S. Customs and Border Protection classified the subject beef jerky under Harmonized Tariff Schedule of the U.S. (HTSUS) subheading 1602.50.09 as “cured” prepared or preserved beef and denied LSI’s protests to classify it under subheading 1602.50.2040 as “other” prepared or preserved beef. LSI filed suit in the Court of International Trade, which granted the government summary judgment. The court considered LSI’s arguments that beef jerky is defined more by its dehydrated properties than by the curing process, but found that subheading 1602.50.09 included all forms of the named article, even improved forms. The Federal Circuit affirmed.
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