Int'l Custom Prods., Inc. v. United States, 467 F.3d 1324 (Fed. Cir. 2006). · Go Syfert
Int'l Custom Prods., Inc. v. United States, 467 F.3d 1324 (Fed. Cir. 2006). Cases Citing This Book View Copy Cite
137 citation events (135 in the last 25 years) across 2 distinct courts.
Strongest positive: Arp Materials, Inc. v. United States (cafc, 2022-09-06)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Arp Materials, Inc. v. United States (2×) also: Cited as authority (rule)
Fed. Cir. · 2022 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
plaintiff cannot take it upon itself to de- termine whether it would be futile to protest or not. in or- der to protect itself, a protest should have been filed . . . .
discussed Cited as authority (verbatim quote) Arp Materials, Inc. v. United States (2×) also: Cited as authority (rule)
Fed. Cir. · 2022 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
plaintiff cannot take it upon itself to de- termine whether it would be futile to protest or not. in or- der to protect itself, a protest should have been filed . . . .
discussed Cited as authority (verbatim quote) Jiangsu Tiangong Tools Company Ltd. v. United States
Ct. Intl. Trade · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
manifestly inadequate.
discussed Cited as authority (verbatim quote) Deacero S.A.P.I. de C v. v. United States
Ct. Intl. Trade · 2015 · quote attribution · 1 verbatim quote · confidence high
may not be invoked when jurisdiction under another subsection of 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.
discussed Cited as authority (rule) Eregli Demir Ve Celik Fabrikalari T.A.S. v. Itc (2×)
Fed. Cir. · 2026 · confidence medium
See also, e.g., Rimco, 98 F.4th at 1055 ; International Custom Products, Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
cited Cited as authority (rule) V.O.S. Selections, Inc. v. Trump
Fed. Cir. · 2025 · confidence medium
Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1326 (Fed.
discussed Cited as authority (rule) Ereğli Demir ve Çelik Fabrikalari T.A.Ş. v. United States Int'l Trade Comm'n
Ct. Intl. Trade · 2024 · signal: cf. · confidence medium
Cf. Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1328 (Fed.
cited Cited as authority (rule) Auxin Solar, Inc. v. United States
Ct. Intl. Trade · 2024 · confidence medium
N. America, Inc., 930 F.3d at 1374-75 (citations omitted); Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) J.D. Irving, Ltd. v. United States (2×) also: Cited "see"
Ct. Intl. Trade · 2023 · signal: cf. · confidence medium
See Valeo, 41 CIT at __, 277 F. Supp. 3d at 1365 (“Neither the burden of participating in the administrative proceeding nor the business uncertainty caused by such a proceeding is sufficient to constitute manifest inadequacy.” (citations omitted)); MacMillan Bloedel Ltd. v. United States, 16 CIT 331 , 332 (1992); cf. Int’l Custom Prod., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
cited Cited as authority (rule) Spirit AeroSystems, Inc. v. United States
Ct. Intl. Trade · 2020 · confidence medium
Cir. 2018); Int’l Customs Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) Sunpreme Inc. v. United States
Fed. Cir. · 2020 · confidence medium
Cir. 2018) (“Section 1581(i) ‘may not be invoked when jurisdiction under another subsection of § 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.’” (quoting Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) Suntec Industries Co., Ltd. v. United States (2×)
Fed. Cir. · 2017 · confidence medium
Int’l Custom Prods. v. United States, 467 F.3d 1324, 1326 (Fed.
cited Cited as authority (rule) Former Employee of Drive Sol Global Steering, Inc. v. United States Secretary of Labor
Ct. Intl. Trade · 2016 · confidence medium
Cir. 2012), Int'l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) CP Kelco (Shandong) Biological Co. v. United States
Ct. Intl. Trade · 2016 · confidence medium
Jensen, Inc. v. United States, 687 F.3d 1325, 1329 (Fed.Cir.2012); Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006); Miller & Co v. United States, 824 F.2d 961, 963 (Fed.Cir.1987), cert. denied, 484 U.S. 1041 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988).
discussed Cited as authority (rule) Sunpreme Inc. v. United States
Ct. Intl. Trade · 2016 · confidence medium
Jensen, Inc. v. United States, 687 F.3d 1325, 1329 (Fed.Cir.2012), Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006), Miller & Co. v. United States, 824 F.2d 961, 963 (Fed.Cir.1987), cert. denied, 484 U.S. 1041 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988).
discussed Cited as authority (rule) American Fiber & Finishing, Inc. v. United States
Ct. Intl. Trade · 2015 · confidence medium
If an importer wishes to challenge the appraised value of merchandise, the importer must protest the liquidation.”) (citations omitted); Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1326-28 (Fed.Cir.2006) (holding that this Court did not have 28 U.S.C. § 1581 (i) jurisdiction over plaintiff’s 19 U.S.C. § 1625 (c) challenge to a notice of action because jurisdiction under 28 U.S.C. § 1581 (a) would not have been manifestly inadequate; remanding to this Court with instructions to dismiss for lack of jurisdiction because the plaintiff had not protested the liquidation of th…
discussed Cited as authority (rule) Otter Products, LLC v. United States (2×) also: Cited "see, e.g."
Ct. Intl. Trade · 2014 · confidence medium
Although neither Congress nor the courts have precisely defined manifest inadequacy, “ ‘mere allegations of financial harm, or assertions that an agency failed to follow a statute, do not make the remedy established by Congress manifestly inadequate.’ ” Gov’t of the PRC v. United States, 31 CIT 451 , 459, 483 F.Supp.2d 1274, 1281 (2007) (quotation marks omitted) (quoting Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)).
discussed Cited as authority (rule) General Mills, Inc. v. United States
Ct. Intl. Trade · 2014 · confidence medium
Co. v. United States, 544 F.3d 1289, 1292 (Fed.Cir.2008) (citing Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)). “[W]here a litigant has access to [the CIT] under traditional means, such as 28 U.S.C. § 1581 (a), it must avail itself of this avenue of approach by complying with all the relevant prerequisites thereto.” Id.
cited Cited as authority (rule) Diamond Sawblades Manufacturers' Coalition v. United States Department of Commerce
Ct. Intl. Trade · 2014 · confidence medium
Co. v. United States, 544 F.3d 1289, 1292-93 (Fed.Cir.2008) (citing Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)).
cited Cited as authority (rule) Diamond Sawblades Mfrs.' Coal. v. United States
Ct. Intl. Trade · 2014 · confidence medium
Cir. 2008) (citing Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) Chemsol, LLC v. United States (2×)
Fed. Cir. · 2014 · confidence medium
Chemsol, 901 F.Supp.2d at 1368 (citations omitted). “[A] belief that [a plaintiff] had no remedy under subsection 1581(a) [does] not make that remedy inadequate,” Hartford Fire, 544 F.3d at 1294 , and Appellants “cannot take it upon [themselves] to determine whether it would be futile to protest or not,” Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1328 (Fed.Cir.2006).
cited Cited as authority (rule) Best Key Textiles Co. v. United States
Ct. Intl. Trade · 2013 · confidence medium
Cir. 2008), citing Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
cited Cited as authority (rule) Chemsol, LLC v. United States
Ct. Intl. Trade · 2013 · confidence medium
Co. v. United States, 544 F.3d 1289 (Fed.Cir.2008) (citing Int’l Custom Prods. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)).
cited Cited as authority (rule) Aluminum Extrusions Fair Trade Committee v. United States
Ct. Intl. Trade · 2013 · confidence medium
Co. v. United States, 544 F.3d 1289, 1292 (Fed.Cir.2008) (citing Int’l Custom Prods. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)).
discussed Cited as authority (rule) JSC Acron v. United States
Ct. Intl. Trade · 2013 · confidence medium
Rubber Thread Co., 593 F.3d at 1351 (citing Int’l Custom Prods, v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)) (quoting Miller & Co. v. United States, 824 F.2d 961, 963 (Fed.Cir.1987), cert. denied, 484 U.S. 1041 , 108 S.Ct. 773 , 98 L.Ed.2d 859 (1988)); see also id. at 1353 (“ § 1581(i)(4) ... is not available to circumvent relief that is or could have been available under other portions of § 1581”).
discussed Cited as authority (rule) Int'l Customs Prods., Inc. v. United States
Ct. Intl. Trade · 2012 · confidence medium
International Custom Products, Inc. v. United States Page 5 Court No. 07-00318 The Court of Appeals for the Federal Circuit (“CAFC”) reversed this Court regarding jurisdiction, holding that “the remedy provided by subsection 1581(a) is not manifestly inadequate, and that therefore the Court of International Trade lacked jurisdiction under subsection 1581(i)(4).” International Custom Products, Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) International Custom Products, Inc. v. United States
Ct. Intl. Trade · 2012 · confidence medium
The Court of Appeals for the Federal Circuit (“CAFC”) reversed this Court regarding jurisdiction, holding that “the remedy provided by subsection 1581(a) is not manifestly inadequate, and that therefore the Court of International Trade lacked jurisdiction under subsection 1581(i)(4).” International Custom Products, Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006) (“ICP II”).
discussed Cited as authority (rule) Norman G. Jensen, Inc. v. United States
Fed. Cir. · 2012 · confidence medium
Accordingly, “we have [] consistently held that to prevent circumvention of the administrative processes crafted by Congress, jurisdiction under subsection 1581(i) may not be invoked if jurisdiction under another subsection of 1581 is or could have been available, unless the other subsection is shown to be manifestly inadequate.” Hartford Fire, 544 F.3d at 1292 (citing Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)).
discussed Cited as authority (rule) Alden Leeds Inc. v. United States (2×) also: Cited "see"
Fed. Cir. · 2012 · confidence medium
Int’l Custom Prods. v. United States, 467 F.3d 1324, 1326 (Fed.Cir.2006).
cited Cited as authority (rule) Ford Motor Co. v. United States
Ct. Intl. Trade · 2011 · confidence medium
Cir.2008) (citing Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) Hartford Fire Insurance v. United States (2×)
Fed. Cir. · 2011 · confidence medium
In interpreting the very broad language of section 1581(i), we have limited its scope so that it “may not be invoked when jurisdiction under another subsection of section 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.” Int’l Custom Prods. v. United States, 467 F.3d 1324, 1327 (Fed.Cir. 2006) (quoting Norcal/Crosetti Foods, Inc. v. United States, 963 F.2d 356, 359 (Fed.
discussed Cited as authority (rule) Kairali Decan, Inc. v. United States (2×) also: Cited "see"
Ct. Intl. Trade · 2011 · confidence medium
(Compl. ¶ 12.) Jurisdiction under subsection (i) of 28 U.S.C. § 1581 “may not be invoked when jurisdiction under another subsection of § 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.” Int’l Custom Prods. v. U.S., 467 F.3d 1324, 1327 (Fed.Cir.2006) (quoting Norcal/Crosetti Foods, Inc. v. United States, 963 F.2d 356, 359 (Fed.Cir.1992)).
cited Cited as authority (rule) Norman G. Jensen, Inc. v. United States
Ct. Intl. Trade · 2011 · confidence medium
Cir. 2008) (citing Int’l Customs Prods. v. United States, 467 F.3d 1324, 1327 (Fed.
cited Cited as authority (rule) Shah Brothers, Inc. v. United States
Ct. Intl. Trade · 2010 · confidence medium
Int’l Custom Products, Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)(“[D]elays inherent in the statutory process do not render it manifestly inadequate”) (citing Am.
discussed Cited as authority (rule) Ford Motor Co. v. United States
Ct. Intl. Trade · 2010 · confidence medium
The Court of Appeals for the Federal Circuit (“CAFC”) has repeatedly held that “jurisdiction under subsection 1581(i) may not be invoked if jurisdiction under another subsection of section 1581 is or could have been available, unless the other subsection is shown to be manifestly inadequate.” Hartford Fire, 544 F.3d at 1292 (citing Int’l Custom Prods. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) Trustees in Bankruptcy of North American Rubber Thread Co. v. United States (2×)
Fed. Cir. · 2010 · confidence medium
We have limited this very broad language so that § 1581(i)(4) “ ‘may not be invoked when jurisdiction under another subsection of § 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.’ ” Int’l Custom Prods. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006) (quoting Norcal/Crosetti Foods, Inc. v. United States, 963 F.2d 356, 359 (Fed.Cir.1992)).
discussed Cited as authority (rule) Presitex USA Inc. v. United States
Ct. Intl. Trade · 2010 · confidence medium
Jurisdiction under 28 U.S.C. § 1581® “may not be invoked when jurisdiction under another subsection of [ 28 U.S.C. § 1581 ] is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.” Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006) (quoting Norcal/Crosetti Foods, Inc. v. United States, 963 F.2d 356, 359 (Fed.Cir.1992)).
cited Cited as authority (rule) Kahrs International, Inc. v. United States
Ct. Intl. Trade · 2009 · confidence medium
MTD Br. 14) (citing Int’l Custom Products v. United States, 467 F.3d 1324, 1327 (Fed.
cited Cited as authority (rule) Kahrs Int'l, Inc. v. United States
Ct. Intl. Trade · 2009 · confidence medium
MTD Br. 14 (citing Int’l Customs Products v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) Sahaviriya Steel Industries Public Co. v. United States (2×) also: Cited "see, e.g."
Ct. Intl. Trade · 2009 · confidence medium
Moreover, Defendants argue, “mere allegations of financial harm, or assertions that an agency failed to follow a statute, do not make the remedy established by Congress manifestly inadequate.” Id. at 10 (quoting Int'l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006)).
discussed Cited as authority (rule) Sahaviriya Steel Indus. Public Co. v. United States (2×) also: Cited "see, e.g."
Ct. Intl. Trade · 2009 · confidence medium
Moreover, Defendants argue, “mere allegations of financial harm, or assertions that an agency failed to follow a statute, do not make the remedy established by Congress manifestly inadequate.” Id. at 10 (quoting Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
examined Cited as authority (rule) Belgium v. United States (4×)
Fed. Cir. · 2009 · confidence medium
However, § 1581(i) jurisdiction "may not be invoked when jurisdiction under another subsection of § 1581 is or could have been available, unless the remedy provided under that subsection would be manifestly inadequate." Int'l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.
discussed Cited as authority (rule) Salmon Spawning & Recovery Alliance v. United States Customs & Border Protection
Fed. Cir. · 2008 · confidence medium
While an appellate court has “inherent jurisdiction to determine whether a lower tribunal had jurisdiction,” Int’l Custom Prods. v. United States, 467 F.3d 1324, 1326 (Fed.Cir.2006), it also has discretion to remand issues, even jurisdictional ones, to the trial court when that court has not had the opportunity to consider the issue in the first instance.
discussed Cited as authority (rule) Canadian Wheat Board v. United States (2×) also: Cited "see"
Ct. Intl. Trade · 2008 · confidence medium
The Tembec I Court acknowledged the general rule reiterated by the Federal Circuit in International Custom Products, Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006), that “section 1581 (i) jurisdiction may not be invoked when jurisdiction under another subsection of § 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.” Tembec I, 30 CIT at —, 441 F.Supp.2d at 1317 (quotations, citations and alteration omitted).
examined Cited as authority (rule) Hartford Fire Insurance v. United States (3×)
Fed. Cir. · 2008 · confidence medium
Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1326 (Fed.Cir.2006).
discussed Cited as authority (rule) Salmon Spawning and Recovery Alliance v. United States
Fed. Cir. · 2008 · confidence medium
While an appellate court has “inherent jurisdiction to determine whether a lower tribunal had jurisdiction,” Int’l Custom Prods. v. United States, 467 F.3d 1324, 1326 (Fed.Cir.2006), it also has discretion to remand issues, even jurisdictional ones, to the trial court when that court has not had the opportunity to consider the issue in the first instance.
discussed Cited as authority (rule) International Custom Products, Inc. v. United States
Ct. Intl. Trade · 2008 · confidence medium
On appeal, the Court of Appeals for the Federal Circuit held that this Court lacked jurisdiction under section 1581(i) to hear ICP’s challenge, vacated the trial court’s decision, and ordered the trial court to dismiss ICP’s complaint for lack of jurisdiction. 6 Int’l Custom *1389 Prods., Inc. v. United States, 467 F.3d 1324, 1328 (Fed.Cir.2006).
cited Cited as authority (rule) Sakar International, Inc. v. United States
Fed. Cir. · 2008 · confidence medium
Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1326 (Fed.Cir.2006) (citing Xerox Corp. v. United States, 289 F.3d 792, 793-94 (Fed.Cir.2002)).
discussed Cited as authority (rule) Government of the People's Republic of China v. United States
Ct. Intl. Trade · 2007 · confidence medium
Although “neither Congress nor the courts have attempted to precisely define” the “manifestly inadequate” standard, Hylsa, S.A. de C.V. v. United States, 960 F.Supp. 320 , 21 CIT 222 , 228 (1997) (Hylsa I ”), it is clear that “ ‘mere allegations of financial harm, or assertions that an agency failed to follow a statute, do not make the remedy established by Congress manifestly inadequate.’ ” Int’l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1327 (Fed.Cir.2006) (quoting Miller, 824 F.2d at 964 ).
discussed Cited as authority (rule) TOTES-ISOTONER CORPORATION v. UNITED STATES (2×)
unknown court · confidence medium
Int'l Custom Prods., Inc. v. United States, 467 F.3d 1324, 1326 (Fed.Cir.2006).
Retrieving the full opinion text from the archive…
INTERNATIONAL CUSTOM PRODUCTS, INC., Plaintiff-Appellee,
v.
UNITED STATES, Defendant-Appellant
2005-1444.
Court of Appeals for the Federal Circuit.
Oct 17, 2006.
467 F.3d 1324
Simeon M. Kriesberg, Mayer, Brown, Rowe & Maw LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Andrew A. Nicely and Priti Seksaria Agrawal., Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellant. With her on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director, of Washington, DC; and Edward F Kenny, Trial Attorney of New York, New York. Of counsel on the brief was Yelena Slepak, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.
Newman, Mayer, Bryson.
Cited by 79 opinions  |  Published
MAYER, Circuit Judge.

The United States appeals from the final decision of the United States Court of International Trade, which asserted jurisdiction under 28 U.S.C. § 1581(i)(4) and held that the United States Bureau of Customs and Border Protection (“Customs”) * violated 19 U.S.C. § 1625(c)(1).[*1326] Int’l Custom Prods. v. United States, 374 F.Supp.2d 1311 (Ct. Int’l Trade 2005). Because we conclude that the court lacked jurisdiction, we reverse its jurisdictional holding, vacate its judgment on the merits, and remand for dismissal of the complaint.

Background

International Custom Products, Inc. (“ICP”) is an importer and distributor of products sold to processed food manufacturers. In April 1999, it began importing “white sauce,” which is a milkfat-based product used in sauces, salad dressings, and other food products. Prior to commencing white sauce importation, ICP sought and received a ruling from Customs on the classification of the sauce, which issued on January 20, 1999, as New York letter ruling D86228. This classified the product under subheading 2103.90.9060 of the Harmonized Tariff Schedule of the United States (“HTSUS”), which has since been renumbered as subheading 2103.90.9091. In reliance on this letter ruling, ICP entered into a three-year purchase agreement with its foreign supplier and a three-year supply contract with its largest customer. ICP also relied on the advance ruling by making preparations to commence a manufacturing business, including purchasing a plant site and conducting product research and development. However, the manufacturing plant has been operated by ICP’s sister corporation since October 1, 2004.

In March 2004, Customs notified ICP that it was initiating a tariff rate investigation. Based on its investigation, and without providing notice and comment, Customs issued a Notice of Action dated April 18, 2005, stating that 86 unliquidated entries of white sauce would be classified under subheading 0405.20.3000, which substantially increased the tariff. On May 6, 2005, 60 of the 86 subject entries were liquidated. ICP filed suit in the Court of International Trade asserting that Customs’ actions violated 19 U.S.C. § 1925(c)(1) or (2) by effectively revoking the advance letter ruling without following proper procedures.

The trial court held that it had jurisdiction under 28 U.S.C. § 1581(i)(4) and declared the notice of action null and void for failure to comply with 19 U.S.C. § 1925(c)(1). It also ordered Customs to reliquidate the entries, and ordered that the advance ruling must remain in full force and effect until properly modified or revoked by Customs. The United States appeals.

Discussion

“As an appellate body, we have inherent jurisdiction to determine whether a lower tribunal had jurisdiction.” Interspiro USA v. Figgie Int’l, 18 F.3d 927, 930 (Fed.Cir.1994) (citing C.R. Bard, Inc. v. Schwartz, 716 F.2d 874, 877 (Fed.Cir.1983)). Because jurisdiction is an issue of law, our review is de novo. Xerox Corp. v. United States, 289 F.3d 792, 793-94 (Fed.Cir.2002).

“It is a ‘well-established principle that federal courts ... are courts of limited jurisdiction marked out by Congress.’ ” Norcal/Crosetti Foods, Inc. v. United States, 963 F.2d 356, 358 (Fed.Cir.1992) (quoting Aldinger v. Howard, 427 U.S. 1, 15, 96 S.Ct. 2413, 49 L.Ed.2d 276 (1976)). The Court of International Trade’s jurisdiction is set out at 28 U.S.C. § 1581. In subsection 1581(a), Congress set an express scheme for administrative and judicial review of Customs’ actions. The system provides for a protest before Customs, and review of protest denials in the Court[*1327] of International Trade. 19 U.S.C. §§ 1514,1515; 28 U.S.C. § 1581(a). Here, ICP did not file a protest and avail itself of jurisdiction under subsection (a).

ICP contends, and the trial court agreed, that jurisdiction nevertheless existed under section 1581(i)(4). Although we have described subsection 1581(i)(4) as a “broad residual jurisdictional provision,” Miller & Co. v. United States, 824 F.2d 961, 963 (Fed.Cir.1987), and even a “catchall provision,” Norcal/Crosetti Foods, Inc., 963 F.2d at 359 (Fed.Cir.1992), “the unambiguous precedents of this court make clear that its scope is strictly limited,” id., and that the protest procedure cannot be easily circumvented, see, e.g., Am. Air Parcel Forwarding Co. v. United States, 718 F.2d 1546, 1549 (Fed.Cir.1983) (“[W]here a litigant has access to [the Court of International Trade] under traditional means, such as 28 U.S.C. § 1581(a), it must avail itself of this avenue of approach by complying with all the relevant prerequisites thereto. It cannot circumvent the prerequisites of 1581(a) by invoking jurisdiction under 1581(i) .... ” (quoting Am. Air Parcel Forwarding Co. v. United States, 557 F.Supp. 605, 607 (Ct. Int’l Trade 1983) with approval)); United States v. Uniroyal, Inc., 69 C.C.P.A. 179, 687 F.2d 467 (1982); accord JCM, Ltd. v. United States, 210 F.3d 1357, 1359 (Fed.Cir.2000); Nat’l Corn Growers Ass’n v. Baker, 840 F.2d 1547, 1558 (Fed.Cir.1988).

Indeed, we have repeatedly held that subsection (i)(4) “may not be invoked when jurisdiction under another subsection of § 1581 is or could have been available, unless the remedy provided under that other subsection would be manifestly inadequate.” Norcal/Crosetti Foods, 963 F.2d at 359 (quoting Miller & Co., 824 F.2d at 963; citing Nat’l Com Growers Ass’n, 840 F.2d at 1557). Here, ICP does not contend that subsection (a) was unavailable, but that it was manifestly inadequate. We conclude that the remedy provided by subsection 1581(a) is not manifestly inadequate, and that therefore the Court of International Trade lacked jurisdiction under subsection 1581(i)(4).

First, ICP alleges many forms of financial hardship that would result from proceeding under subsection 1581(a), including an imminent threat of bankruptcy. In American Air Parcel, the importer made similar allegations. 718 F.2d at 1549. We rejected the argument there, and it is equally insufficient here, to confer residual jurisdiction. Moreover, our cases make clear that “mere allegations of financial harm, or assertions that an agency failed to follow a statute, do not make the remedy established by Congress manifestly inadequate.” Miller, 824 F.2d at 964 (citing Am. Air Parcel, 718 F.2d at 1550-51); see also Nat’l Com Growers Ass’n, 840 F.2d at 1557. Equally unavailing is ICP’s contention that the lack of prospective relief under subsection (a) renders it manifestly inadequate. See National Com Growers Assoc., 840 F.2d at 1557. To find the relief under subsection (a) inadequate on this ground, we would have to assume that Customs would disregard a court ruling on the current imports when classifying identical imports in the future. We decline to indulge such an assumption.

ICP further contends that the delays inherent in proceeding under subsection 1581(a) would render any available relief manifestly inadequate due to its financial distress. However, delays inherent in the statutory process do not render it manifestly inadequate. See Am. Air Parcel, 718 F.2d at 1551 (“[T]he Customs Service regulations have not built unconscionable delay into the protest procedure.”). Moreover, Congress has provided for an accelerated protest disposition process, 19 U.S.C. § 1515(b), and this acceler[*1328] ated process was available to ICP for some of its entries. **

Finally, ICP contends that a protest would be futile. In Pac Fung Feather Co. v. United States, 111 F.3d 114, 116 (Fed.Cir.1997), we held that residual jurisdiction was available because the “preordained ruling” available to the importers was a mere formality in light of Customs’ regulations, which “unmistakably” indicated how it would determine the issue in dispute. Here, there are no such regulations in place that would make the protest process futile, and despite the revocation of the advance letter having involved higher level Customs officials, Congress’ express scheme cannot be bypassed. See JCM, Ltd., 210 F.3d at 1359 (“To allow a party to elect to proceed under section 1581(i), without having first availed himself of the remedy provided by section 1581(c), would undermine the integrity of the clear path Congress intended a claimant to follow.”). The Court of International Trade itself has previously warned parties against making such assumptions of futility: “Plaintiff cannot take it upon itself to determine whether it would be futile to protest or not. In order to protect itself, a protest should have been filed and an accelerated review should have been requested.” Inner Secrets/Secretly Yours v. United States, 869 F.Supp. 959, 966 (Ct. Int’l Trade 1994). We reiterate that warning.

Because the Court of International Trade lacked jurisdiction over the case, we have no jurisdiction to reach ICP’s argument concerning Customs’ purported statutory violations. Glasstech, Inc. v. Ab Kyro Oy, 769 F.2d 1574, 1577 (Fed.Cir.1985) (“[A]n appellate court has no jurisdiction to decide the merits of the case if the court from which the appeal was taken was without jurisdiction.”). Therefore, we vacate the trial court’s decision on the merits.

Conclusion

Accordingly, the judgment of the United States Court of International Trade is reversed with respect to jurisdiction, vacated on the merits, and the case is remanded with instructions to dismiss the complaint for lack of jurisdiction.

COSTS

Appellant shall have its costs.

REVERSED-IN-PART; VACATED-IN-PART; AND REMANDED.

*

Effective March 1, 2003, the United States Customs Service was renamed the United States Bureau of Customs and Border Protection. Homeland Security Act of 2002, Pub.L.[*1326] No. 107-296, § 1502, 116 Stat. 2135, 2308-09 (2002).

**

The accelerated protest review process statute, 19 U.S.C. § 1515(b), was amended during the period in which the subject entries were made. Miscellaneous Trade and Technical Corrections Act of 2004, Pub.L. No. 108-429, §§ 2104, 2108, 118 Stat. 2434, 2598 (amending 19 U.S.C. § 1515(b) as effective for “merchandise entered, or withdrawn from warehouse for consumption, on or after the 15th day after Dec. 3, 2004”). Although some of ICP's entries are governed by the pre-amended statute, which required an importer to wait 90 days before requesting accelerated disposition, at least some of the entries were subject to the revised, more accelerated, review process.