Overview
- Nintendo filed its complaint in the U.S. Court of International Trade, naming Treasury, Homeland Security, Commerce, the U.S. Trade Representative, and Customs and Border Protection, as well as their leaders, as defendants.
- The company cites the Supreme Court’s Feb. 20 Learning Resources v. Trump ruling that IEEPA could not be used to levy global tariffs and requests a prompt refund with interest of IEEPA duties paid since February, alleging more than $200 billion was collected across imports from nearly all countries.
- U.S. Customs and Border Protection told the court it cannot execute large-scale refunds until late April due to technology and staffing limits tied to tens of millions of affected entries and hundreds of thousands of importers.
- Judge Richard Eaton of the Court of International Trade has ruled importers are entitled to refunds on the invalidated duties and will handle IEEPA-related cases, with the government expected to appeal.
- Nintendo’s suit joins a fast-growing wave of filings by companies such as Lenovo, Dyson, Epson, FedEx, and Costco, as the White House replaces the voided measures with a temporary global surcharge under Section 122.