Costco is suing the White House over tariffs, demanding reimbursement for lost money.
Costco Wholesale has filed a lawsuit against the Trump administration in the U.S. Court of International Trade. The company is seeking to invalidate all tariffs collected under the International Emergency Economic Powers Act (IEEPA), according to reports. NBC News.
In a filing on November 28, the company seeks a "full refund" of all duties paid in connection with President Donald Trump's executive order that imposed "reciprocal" trade tariffs.
"Because the IEEPA does not expressly grant the President the authority to impose tariffs... the challenged tariff orders cannot survive, and defendants are precluded from enforcing or collecting them," Costco's lawsuit states.
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The Supreme Court is currently reviewing the legality of Trump's entire massive tariff program. At oral arguments in early November, the justices expressed skepticism about the government's position.
Solicitor General D. John Sawyer faced tough questions from both conservative and liberal justices, though some conservatives seemed slightly more receptive to his arguments.
Trump became the first president in history to use the IEEPA to impose tariffs. Lower courts had previously found such an application of the law unlawful but upheld the tariffs pending the proceedings.
In its lawsuit, Costco does not specify the exact amount of duties it paid. According to U.S. Customs and Border Protection data as of the end of September, importers had paid a total of nearly $90 billion under the IEEPA.
In May, at a meeting with investors, Costco CFO Gary Millerchip reported that about a third of the company's sales in the US are imported goods. Products from China account for approximately 8% of total sales in the country.
Millerchip noted that the tariffs directly impact some fresh produce from Central and South America, but the company decided not to raise prices on them because they are basic items for consumers.
The discussion focused specifically on pineapples and bananas. "We effectively held down the price to protect people's interests," he noted.
In September, Millerchip told analysts: "We continue to work closely with suppliers to mitigate the impact of tariffs, shifting production to other countries where possible and consolidating purchasing globally to reduce costs across all markets."
By the end of October, the state had collected $205 billion in duties.
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"The economic consequences of President Trump's waiver of lawful tariffs will be enormous, and this lawsuit only underscores that fact," White House Press Secretary Kush Desai said on December 2. "The White House looks forward to a swift and appropriate decision by the Supreme Court on this matter."
With the lawsuit filed on November 28, Costco became one of the largest companies seeking a refund of duties through the courts.
Similar lawsuits have previously been filed by cosmetics giant Revlon, eyewear manufacturer EssilorLuxottica, motorcycle manufacturer Kawasaki, fish canner Bumble Bee, tire supplier Yokohama Tire, and numerous smaller companies.
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