Wholesale retail giant Costco has sued the federal government to ensure it will receive a “complete refund” on import duties if the Supreme Court rules against President Donald Trump’s sweeping tariffs.
The lawsuit, filed in the U.S. Court of International Trade in New York on Nov. 28 and reviewed by USA TODAY, asked the court to find Trump’s use of the International Emergency Economic Powers Act to impose tariffs as unlawful.
Costco, the largest warehouse club operator in the United States, said it has been the “importer of record” for products affected by the tariffs, but did not provide a specific dollar amount it is seeking in damages. The corporation noted in the filing that the suit was necessary because importers are not guaranteed to receive a refund if the high court strikes down the tariffs, unless they sue.
Costco also claims in the lawsuit that Customs and Border Protection (CBP) denied its request to delay the calculation of the total tariffs that it owes. The lawsuit claims that Costco’s ability to receive a refund will be significantly impacted if those calculations are completed.
The suit is separate from the larger case challenging Trump’s tariffs that the Supreme Court heard on Nov. 5.
