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Costco Sues U.S. Government to Protect Potential Tariff Refunds
Manhattan, NY – Warehouse giant Costco has filed a lawsuit against the U.S. government in the U.S. Court of International Trade, seeking to ensure it receives refunds on tariffs should the Supreme Court rule against former President Donald Trump’s use of emergency powers to impose them.
The lawsuit, filed Friday, argues that Trump’s use of the International Emergency Economic Powers Act to enact tariffs created uncertainty for businesses regarding the recovery of potentially overpaid duties. Costco, with over $275 billion in revenue last year, is seeking to safeguard its right to potential refunds.
The company claims U.S. Customs and Border Protection has denied its request for additional time to finalize tariff calculations, jeopardizing its ability to secure complete refunds if the Supreme Court ultimately rules against the legality of Trump’s tariff authority.
Costco is not alone. The suit echoes similar legal actions taken by companies like Bumble Bee Foods, EssilorLuxottica (Ray-Ban), Kawasaki Motors, Revlon, and Yokohama Tire, all aiming to protect their interests in potential tariff refunds.
The Supreme Court heard oral arguments on the matter on November 5th, with justices from across the political spectrum expressing skepticism regarding the legal basis for Trump’s use of emergency powers in levying the tariffs. While the court took up the case quickly, a ruling date remains uncertain.
In anticipation of potential tariff impacts, Costco has already taken steps to mitigate its exposure, including diversifying its supply chain, increasing reliance on local sourcing, and expanding its Kirkland Signature private label brand. Neither Customs and Border Protection nor Costco has yet issued a public comment regarding the lawsuit.
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