As to jurisdiction under § 1581(i)(4), the residual jurisdiction section's “administration and enforcement” provision, the CIT first noted that “typically, ‘if jurisdiction does not lie under § 1581(h), a plaintiff must import the merchandise in question, file a protest with Customs regarding the classification decision, and fully exhaust its administrative remedies.’ ” Id. at 7 (quoting Connor v. United States, 24 CIT 195, 200, 2000 WL 341097 (2000) ). The CIT found Best Key failed to show that the “traditional approach” under § 1581(a) would provide a manifestly inadequate remedy, and that Best Key's actual injury amounts to garment makers not buying its yarn “because importers of those garments will not get a more favorable duty rate for items made of [Best Key's] yarn. But the duty rate charged to those importers is beyond any of [Best Key's] interests that the provisions of [§ ] 1581 are meant to protect.”
See Conf. R. Annex A, Exs. 2, 5; Conf. R. Annex B, Ex. 6. Plaintiff relies primarily on the Raybuck Declaration to establish that, in the absence of a preliminary injunction, ICP will suffer irreparable harm. Irreparable injury or harm is harm "which cannot receive reasonable redress in a court of law." Connor II v. United States, 24 CIT 195, 197 (2000) (not reported in the Federal Supplement) (internal quotation marks omitted) (internal citations omitted); see also Zenith Radio, 710 F.2d at 809. [], the president and chief operating officer of [], the U.S. subsidiary of []. Conf. R. Annex A, Ex. 5.
Plaintiff relies on a number of cases for its contention that the President's findings should be subjected upon judicial review to a "clear and convincing" evidentiary standard. The cited cases include Finnigan Corp. v. Int'l Trade Comm'n., 180 F.3d 1354, 1366 n. 8 (1999) (The applicable standard for determining existence of invalidating activities in a patent case is "clear, satisfactory and beyond a reasonable doubt," which is "indistinguishable from the more modern parlance of `clear and convincing' evidence."); United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948) (Appellate review of a trial court's findings of fact will be affirmed unless "clearly erroneous."); Connor v. United States, 24 CIT 195, 198 (2000) (To establish jurisdiction under 28 U.S.C. § 1581(h) plaintiff must show by clear and convincing evidence that the immediate threat of a harm occurring exists.). The cases cited by plaintiff are unavailing.