Costco is taking on the Trump administration in a battle over tariffs, arguing that the White House exceeded its authority when imposing duties on imported goods. The lawsuit, filed last Friday, claims that the International Emergency Economic Powers Act (IEEPA), which was used to justify the tariffs, was misused by the Trump administration.
The retail giant contends that IEEPA grants the president limited powers, but only in response to an "unusual and extraordinary threat" where a national emergency has been declared. Costco asserts that this law does not allow for the imposition of tariffs on general terms and that the term "tariff" or its equivalent meaning are not used.
In November, the US Supreme Court heard oral arguments over President Trump's tariffs, with conservative justices appearing skeptical of the White House's position. Chief Justice John Roberts noted that imposing taxes on Americans is a core power reserved for Congress.
Costco has filed the lawsuit due to concerns about refundability in case the court ultimately determines Trump's tariffs are unconstitutional. Even if the tariffs are found unlawful, importers like Costco may not be entitled to refunds after 314 days have passed since the goods entered the country. Federal courts warn that importers lack legal rights to recover such refunds, even if the underlying tariff legality is later deemed incorrect.
The company is seeking a range of remedies, including halting further collection of duties, declaring Trump's tariffs illegal, and ordering a refund for any tariffs paid. The Trump administration has yet to comment on the lawsuit.
The retail giant contends that IEEPA grants the president limited powers, but only in response to an "unusual and extraordinary threat" where a national emergency has been declared. Costco asserts that this law does not allow for the imposition of tariffs on general terms and that the term "tariff" or its equivalent meaning are not used.
In November, the US Supreme Court heard oral arguments over President Trump's tariffs, with conservative justices appearing skeptical of the White House's position. Chief Justice John Roberts noted that imposing taxes on Americans is a core power reserved for Congress.
Costco has filed the lawsuit due to concerns about refundability in case the court ultimately determines Trump's tariffs are unconstitutional. Even if the tariffs are found unlawful, importers like Costco may not be entitled to refunds after 314 days have passed since the goods entered the country. Federal courts warn that importers lack legal rights to recover such refunds, even if the underlying tariff legality is later deemed incorrect.
The company is seeking a range of remedies, including halting further collection of duties, declaring Trump's tariffs illegal, and ordering a refund for any tariffs paid. The Trump administration has yet to comment on the lawsuit.