No. 02-55723.

329 F.3d 1128 (2003)

LIBAS LTD., a California Corporation, Plaintiff-Appellant, v. Mary R. CARILLO; Shu Peter Pang; William J. Bonocora; Vondell Maclaren Forrester; Emilia Reclusado Frankel; Stephanie Davis; Debra D. Peterson, individuals, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2003.

Attorney(s) appearing for the Case

Elon A. Pollack, Los Angeles, CA, George A. Kaufman, Manhattan Beach, CA, for the plaintiff-appellant.

Robert I. Lester, Assistant United States Attorney, Los Angeles, CA, for the defendants-appellees.

Before B. FLETCHER, SILVERMAN, Circuit Judges, and MARTONE, District Judge.

SILVERMAN, Circuit Judge.

We hold that an importer may not bring a Bivens action to recover consequential damages against Customs agents who assessed import duty at an incorrect rate. Bivens actions do not lie when Congress has created an alternative remedial scheme — such as exists for the protest of an erroneously assessed duty — even though the scheme does not permit the recovery of all elements of damage the importer claims to have...

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