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Costco sues Trump administration to secure refund rights if tariffs are reversed

The news: Costco sued the Trump administration to secure a full refund of the International Emergency Economic Powers Act (IEEPA) tariffs it paid this year.

  • The lawsuit hinges on the US Supreme Court’s decision on whether President Donald Trump had the authority to impose those duties.
  • Costco is also seeking to halt tariff collection while the case proceeds.

The context: The Supreme Court heard arguments last month on the legality of Trump's IEEPA tariffs.

  • While the Court fast-tracked the case, it hasn't set a ruling date, leaving businesses in costly limbo. Dozens of companies, including Revlon and Kawasaki, have filed similar suits to preserve their eligibility for refunds should the Court rule against Trump.
  • Costco argues time is of the essence given a December 15 “liquidation” deadline—which US Customs and Border Protection has refused to extend—that could make those duties legally unrecoverable once finalized.

Our take: Costco’s suit aims to protect its bottom line against a technical deadline. In essence, it is an insurance policy against the December 15 deadline that establishes its claim to a refund before its paid duties are officially liquidated.

In short, after nearly a year of costly uncertainty that has upended consumers’ shopping habits, Costco aims to ensure that if the Supreme Court’s ruling goes against the administration, the money it has already paid doesn't vanish into a bureaucratic black hole.

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