Costco Wholesale has sued the Trump administration, asking the Court of International Trade to consider all tariffs collected under the International Emergency Economic Powers Act unlawful.
The company said in a filing Friday that it is seeking a “full refund” of all duties under the act paid as a result of President Donald Trump's executive order that imposed what he called "reciprocal" tariffs.
“Because IEEPA does not clearly authorize the President to set tariffs ... the Challenged Tariff Orders cannot stand and the defendants are not authorized to implement and collect them,” Costco's lawyer writes in the lawsuit.
The Supreme Court is reviewing the legality of Trump's sweeping tariff agenda. In oral arguments in early November, justices appeared skeptical about the government's case to let them continue.
Both conservative and liberal justices asked tough questions of Solicitor General D. John Sauer, though some of the conservatives seemed more sympathetic to his arguments.
Trump became the first president ever to use the IEEPA law to impose import duties. Lower courts earlier ruled against the administration's use of the law but kept the tariffs in place while the case was argued.
Costco does not say in the filing how much the duties have cost the company; importers have paid nearly $90 billion under the IEEPA law, according to U.S. Customs and Border Protection data through late September.
In May, on Costco's earnings call, Chief Financial Officer Gary Millerchip told investors that about a third of Costco's sales in the U.S. are imported products. Millerchip said items imported from China represented about 8% of total U.S. sales.
https://www.nbcnews.com/business/business-n...unds-rcna246860
Costco sue govt for refund of tariffs
Dec 2 2025, 03:24 PM, updated 3w ago
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