Overview
- Costco filed a Nov. 28 complaint in the U.S. Court of International Trade seeking to void the IEEPA-based tariffs and obtain a full refund of duties paid.
- Courts this week consolidated waves of cases, grouping Costco with about 20 firms including EssilorLuxottica, Toyota subsidiaries, and Radius Recycling, and adding more than 70 others such as Revlon, Bumble Bee Foods, Kawasaki Motors, Yokohama Tire, and Dana units.
- Since November, nearly 100 companies have sued to secure reimbursement if the Supreme Court strikes down the tariff program.
- At Nov. 5 oral arguments, several justices questioned whether IEEPA authorizes economy-wide import duties, and the Court has not indicated when it will rule.
- A Justice Department brief says importers would likely be entitled to refunds if the tariffs are unlawful, Treasury has suggested roughly half the collections could be repaid, and companies cite uncertainty over how CBP would process large-scale refunds and looming liquidation deadlines.