Costco Files Trade Court Claim as Supreme Court Weighs Trump Tariff Authority
Updated (5 articles)
Costco files U.S. Court of International Trade suit for tariff refunds On December 1‑3, 2025 Costco lodged a complaint in the U.S. Court of International Trade in New York (Manhattan) seeking a full refund of duties imposed under President Trump’s 2018‑2020 emergency tariff program [1][2][3][4][5]. The retailer argues the tariffs exceed authority granted by the International Emergency Economic Powers Act (IEEPA) and cites $90 billion in tariffs already paid by importers [1][3][4][5]. Legal counsel Joyce Adetutu emphasized filing before the December 15 liquidation deadline to secure a judgment that could be enforced if the Supreme Court later overturns the tariffs [1].
Supreme Court hearing questions presidential emergency powers On November 5, 2025 the Court heard arguments questioning whether the president could unilaterally declare national emergencies to impose sweeping tariffs on almost every country [1][2][3][4][5]. Justices expressed skepticism, with Justice Gorsuch warning of executive‑power erosion and Chief Justice Roberts probing the scope of IEEPA [4]. The Court has not set a decision date; some reports suggest a ruling could arrive as early as later this year, while others anticipate a summer decision or by the end of the term in June 2026 [5][1].
Customs liquidation deadline tightens refund window Customs and Border Protection will begin tariff liquidation on December 15, 2025, after which importers have 180 days to protest the assessed bills [1][2][3][4]. Costco warned that a delayed Supreme Court ruling could shrink this protest period, jeopardizing its ability to claim refunds [1][2]. The liquidation process will finalize the $90 billion revenue stream for the Treasury, making the timing of any refund claim critical for large importers [1][3].
Industry-wide challenges target the same tariff regime Alongside Costco, firms such as Revlon, Bumble Bee Foods, EssilorLuxottica, Kawasaki Motors, Yokohama Tire and others have filed similar refund claims or lawsuits [1][4][5]. The contested tariffs include a 10 % baseline duty on most U.S. imports and additional 11‑50 % rates on 57 countries, notably Canada, Mexico and China [4]. These coordinated actions underscore broad commercial resistance to the emergency‑tariff framework and aim to preserve the right to recover billions in paid duties [4][5].
Government warns of significant economic fallout White House spokesperson Kush Desai cautioned that overturning the tariffs could have “enormous” economic consequences, stressing the Treasury’s concern over repaying nearly $90 billion [3]. The administration expects a “speedy and proper” Supreme Court resolution to avoid fiscal disruption [3]. Costco, with FY 2025 revenue of $275.2 billion, has mitigated tariff exposure by diversifying suppliers, boosting local sourcing, and expanding its Kirkland Signature brand [5].
Sources
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1.
AP: Costco Seeks Refunds for Trump Tariffs as Supreme Court Case Continues: Details Costco’s Dec 3 filing in New York trade court, $90 billion tariff pool, Dec 15 liquidation start, and legal strategy to secure judgment before a possible summer Supreme Court ruling .
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King5: Costco Files Refund Claim as Supreme Court Considers Trump Tariffs: Highlights filing, prior lower‑court rulings deeming tariffs illegal, Supreme Court doubts on emergency authority, and the 180‑day protest window after Dec 15 liquidation .
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3.
BBC: Costco Sues Trump Administration for Refund of Tariffs: Emphasizes lawsuit’s basis on IEEPA illegality, $90 billion paid, deadline before Dec 15, and White House’s warning of “enormous” economic impact .
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King5: Costco Sues Trump Administration Over Tariff Refunds: Focuses on specific 10 % baseline and 11‑50 % tariffs on 57 nations, Justice Gorsuch and Roberts comments, and other firms joining the challenge .
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5.
Newsweek: Costco Sues U.S. Over Trump Tariffs, Seeks Refunds if Supreme Court Rules Against Administration: Adds Costco’s FY revenue, mitigation steps, broader industry suits, and predicts a decision possibly by June 2026, noting timeline uncertainty .
Timeline
1977 – Congress enacts the International Emergency Economic Powers Act (IEEPA), granting the president broad authority to regulate international commerce during emergencies, a law later invoked for tariff actions [5].
2018‑2020 – The Trump administration imposes sweeping emergency import tariffs under IEEPA, creating a $90 billion revenue stream for the Treasury and setting the legal foundation for current challenges [5].
Feb 2025 – Executive orders introduce a 10 % baseline tariff on most U.S. imports and additional 11‑50 % duties on 57 countries, including Canada, Mexico, and China, expanding the tariff regime that Costco now contests [5].
Early 2025 – The U.S. Court of International Trade and the Federal Circuit rule that President Trump’s broad import taxes exceed his IEEPA authority, marking the first judicial defeats for the tariff program [4].
Sep 2025 – U.S. Customs and Border Protection reports that importers have paid roughly $90 billion in IEEPA‑related tariffs, the amount Costco could seek to recover if the tariffs are invalidated [1][3][4].
Nov 5, 2025 – The Supreme Court hears oral arguments on the tariff case; several justices doubt the president’s emergency‑power authority, Justice Gorsuch warns of “executive‑power erosion,” and Chief Justice Roberts questions the scope of IEEPA [2][5].
Dec 1, 2025 – Costco files a complaint in the U.S. Court of International Trade seeking a judgment that would secure refunds of Trump‑era duties if the Supreme Court later strikes down the tariffs; counsel Joyce Adetutu says the action “makes sure that if and when the Supreme Court overturns the IEEPA tariffs…they have the judgment in place” [3][5].
Dec 1, 2025 – White House spokesperson Kush Desai warns that an adverse Supreme Court ruling would have “enormous” economic consequences and urges a “speedy and proper” resolution [1].
Dec 15, 2025 – Customs and Border Protection begins tariff liquidation; importers, including Costco, have 180 days to protest the bills, a window that could close before a Supreme Court decision is issued [3][4].
June 2026 (expected) – The Supreme Court is slated to issue its decision by the end of the term, potentially mandating refunds of up to $90 billion and reshaping the legal landscape for emergency trade measures [2].
External resources (2 links)
- https://www.cbp.gov/newsroom/stats/trade (cited 1 times)