Even if the plaintiffs in U.S. Shoe were not aware of the potential administrative remedy, the availability of jurisdiction under § 1581(i) has always hinged on whether the plaintiffs could have used a method that would result in § 1581(a) jurisdiction, not whether they actually used it. See Omni U.S.A., Inc. v. United States, 840 F.2d 912, 915 (Fed. Cir. 1988) (holding that a legal remedy "is not made inadequate simply because appellant failed to invoke it within the time frame it prescribes"). Turning to the circumstances of this case, the court concludes that, even if plaintiffs had filed a case brief contesting application of the Reseller Policy, Commerce's determination regarding the issue would not have constituted a 19 U.S.C. § 1675(a) determination which qualifies for jurisdiction under 28 U.S.C. § 1581(c).

The importer bears the burden for examining all notices posted to determine whether its goods have been liquidated, and to protest timely. Omni U.S.A., Inc. v. United States, 11 CIT ___, 663 F. Supp. 1130, 1133 (1987), aff'd, 840 F.2d 912 (Fed. Cir. 1988), cert. denied, ___ U.S. ___, 109 S.Ct. 56, 102 L.Ed.2d 34; Goldhofer, 13 CIT at ___, 706 F. Supp. at 895. Moreover, there is a presumption of regularity which attaches to government acts.