Tariff Tactics

Introduction: A Major Retailer Enters the Tariff Refund Fight

Last week, Costco Wholesale Corporation filed suit in the U.S. Court of International Trade (“CIT”) challenging the legality of tariffs imposed under the International Emergency Economic Powers Act (“IEEPA”). The lawsuit seeks refunds of previously paid IEEPA duties. Costco’s complaint comes at a critical moment: the Supreme Court heard argument on November 5 in Trump v. V.O.S. Selections—a case squarely raising the issue of whether IEEPA authorizes tariff imposition at all—and a decision is ...