Overview
- Costco filed its case at the U.S. Court of International Trade on Nov. 28 seeking to block application of the tariffs to its imports and recover what it paid, noting at least one entry has already been liquidated with others nearing a Dec. 15 cutoff.
- The complaint argues the International Emergency Economic Powers Act does not authorize the president to create or raise tariffs, a view echoed in prior rulings by the trade court and the Federal Circuit that left the duties in place during appeals.
- The Supreme Court heard arguments in November on the legality of the IEEPA-based tariffs, with a ruling expected soon that will shape both the program’s fate and how refund claims proceed.
- U.S. Customs and Border Protection reports roughly $90 billion has been collected under the emergency tariffs, costs that importers such as Costco say strained supply chains and pricing.
- The White House defended the measures as lawful, while Costco joins companies including Revlon, Learning Resources and V.O.S. Selections in filing suits to preserve potential refunds.