Federal Circuit affirms HTSUS classification of beef jerky products 

February 3:  The U.S. Court of Appeals for the Federal Circuit today released a decision in which it affirmed the trade court’s grant of summary judgment for the government concerning the classification of imported beef jerky products under the Harmonized Tariff Schedule of the United States (HTSUS). Link Snacks Inc. v. United States, 2013-1319 (Fed. Cir. February 3, 2014).

Read the Federal Circuit’s decision [PDF 93 KB].

The importer asserted that its beef jerky products (imported from Brazil and New Zealand) were properly categorized under HTSUS 1602.50.2040 as “other” prepared or preserved beef because the drying process changed the beef jerky into a different product from conventional cured meat products, such as packaged ham and roast beef.

Customs and Border Protection (CBP), however, determined that the proper classification of the beef jerky products was under HTSUS 1602.50.09 as “[c]ured or pickled” bovine meat products.

The Court of International Trade granted summary judgment for the government, upholding CBP’s classification of the beef jerky products.

Today, the Federal Circuit affirmed, finding that the trade court did not err in granting summary judgment as a matter of law.

For more information, contact a professional with KPMG’s Trade & Customs practice:

Douglas Zuvich

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Andrew Siciliano

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Luis A. Abad

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Amie Ahanchian

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Or your local KPMG Trade & Customs professional.

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