Overview
- Costco filed in the U.S. Court of International Trade to invalidate emergency tariff orders, halt their application to future imports, and recover duties it says were improperly collected.
- The complaint argues the International Emergency Economic Powers Act does not authorize creating or increasing customs tariffs, a view echoed by prior rulings from the trade court and the Federal Circuit.
- The Supreme Court heard arguments on November 5 over the program’s legality, and the outcome will shape refund rights for Costco and dozens of other importers.
- Costco cites urgency because CBP plans to begin “liquidating” its entries on December 15, saying one entry has already been finalized, which could foreclose challenges and refunds once liquidation occurs.
- CBP figures show nearly $90 billion collected under the emergency tariffs, other companies have filed similar suits, and the White House says it expects a prompt Supreme Court resolution.