LIBAS, LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee., 193 F.3d 1361

Summary

Plaintiff Indian fabric importer challenged determination of trial court that the United States Customs Service (Customs) properly classified certain fabric imported by plaintiff as power-loomed rather than as hand-loomed and was subject to higher duty rate and entry quota. Plaintiff argued Customs had no legal authority to make determination by testing the fabric and, based on tests performed by Customs, that the fabric was power-loomed. Court of appeals affirmed in part, reversed in part, and remanded. Customs had authority to classify fabric. Determination the fabric was power-loomed was not supported by authenticated scientific evidence. Expert evidence derived from Customs' test of fabric failed to satisfy Daubert factors governing admissibility and weight of expert evidence. Trial court clearly erred by crediting testimony of Customs' expert witnesses that their test could distinguish between power-loomed and hand-loomed fabric.