Wholesale retailer Costco has initiated a lawsuit against the Trump administration, seeking a full refund of import duties it claims to have paid this year under tariffs imposed by President Donald Trump. The lawsuit was filed on November 28 in the U.S. Court of International Trade. Costco argues that only Congress has the authority to impose tariffs, not the president.
In April, Trump enacted a series of global tariffs, citing the International Emergency Economic Powers Act (IEEPA). This law allows the president to regulate international commerce in response to an "unusual and extraordinary threat." Costco's lawsuit aims to combine its case with nearly two dozen other lawsuits from U.S. companies challenging the legality of these tariffs. The company stated, "The complaints are materially identical in allegations, theories, and ultimate requested relief."
One of the related lawsuits is currently awaiting a decision from the U.S. Supreme Court. If the Court rules against Trump, it could lead to refunds exceeding $90 billion. A ruling is anticipated early next year. Costco's lawsuit emphasizes that the Court of International Trade and other federal courts have previously determined that IEEPA duties are unauthorized and unlawful.
The lawsuit further explains that even if the Supreme Court finds the IEEPA duties and related executive orders unlawful, importers like Costco may not automatically receive refunds without their own legal action. Costco is also seeking an immediate injunction to prevent additional tariffs on products already imported while the Supreme Court case is ongoing.
In a statement, White House deputy press secretary Kush Desai remarked, "The economic consequences of the failure to uphold President Trump's lawful tariffs are enormous and this suit highlights that fact. The White House looks forward to the Supreme Court’s speedy and proper resolution of this matter." Costco has not commented further on the lawsuit.
Costco, which operates over 800 locations across the U.S., has cited tariffs on goods from Mexico, Canada, and China as contributing to its increased costs. The retailer is not alone in its legal challenges; other companies, including Kawasaki Motors and Revlon, have also filed lawsuits against the tariffs.
The Supreme Court heard oral arguments in a related case in November, where justices expressed skepticism about the administration's authority to impose such tariffs. The outcome of these legal battles could have significant implications for U.S. trade policy and the economy.

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