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5d ago

Costco Sues for Tariff Refunds as Treasury Outlines Plan B Before Supreme Court Decision

Treasury says the administration can shift the tariff program to Sections 301, 232 and 122 if the Court rejects IEEPA, a prospect that has importers racing to preserve refund rights.

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Treasury Secretary Scott Bessent speaks during an event on "Trump Accounts" for kids in the Roosevelt Room of the White House, Tuesday, Dec. 2, 2025, in Washington.
MAGA supporters boycott Costco(Photo by Patrick T. Fallon / AFP)
WASHINGTON, DC - DECEMBER 02: U.S. President Donald Trump attends a meeting of his Cabinet in the Cabinet Room of the White House on December 02, 2025 in Washington, DC. A bipartisan Congressional investigation has begun regarding Secretary of War Pete Hegseth's role in ordering U.S. military strikes on small boats in the waters off Venezuela that have killed scores of people, which Hegseth said are intended "to stop lethal drugs, destroy narco-boats and kill the narco-terrorists who are poisoning the American people.” (Photo by Chip Somodevilla/Getty Images)

Overview

  • Costco filed in the U.S. Court of International Trade seeking a ruling that IEEPA-based tariffs are unlawful and a full refund, warning of a December 15 liquidation deadline that could block recovery.
  • An expedited Supreme Court ruling on the legality of using the International Emergency Economic Powers Act for broad tariffs is expected soon after skeptical questioning at November 5 oral arguments.
  • Treasury Secretary Scott Bessent said the White House can re-create the current tariff structure using Sections 301, 232 and 122, and argued a loss would harm the American people.
  • U.S. Customs and Border Protection data show importers have paid nearly $90 billion in duties under the IEEPA tariffs, and more than a dozen companies have filed suits seeking refunds.
  • Since arguments, the administration has removed or modified some IEEPA tariffs on specific goods and pursued product-specific measures under other statutes, while CBP continues collecting duties.