FedEx seeks refund for illegal Trump tariffs after Supreme Court ruling, as legal experts anticipate a flood of lawsuits for billions in potential repayments.
LOS ANGELES: FedEx has filed a lawsuit against the US government seeking a refund for emergency tariffs imposed under President Donald Trump. The move comes days after the US Supreme Court ruled the tariffs were illegal.
The company filed its case in the US Court of International Trade on Monday. It is one of the first major lawsuits seeking repayment since last week’s landmark Supreme Court decision.
The court ruled 6-3 that Trump overstepped his authority by using the International Emergency Economic Powers Act to impose tariffs on imported goods. Economists estimate more than USD 175 billion in tariff collections are now subject to potential refunds.
READ MORE: Trump warns trade partners of higher tariffs after court ruling
“Plaintiffs seek for themselves a full refund from Defendants of all IEEPA duties Plaintiffs have paid to the United States,” FedEx said in its lawsuit. The company did not specify the dollar value of the refund it is seeking.
FedEx and its logistics arm served as the importer of record for goods subject to the tariffs. The lawsuit names US Customs and Border Protection, its commissioner Rodney Scott, and the United States of America as defendants.
Legal experts anticipate a flood of lawsuits aiming to recover billions of dollars. The recovery process, however, must still be worked out by a lower court, complicating the matter.
Importers, distributors and suppliers are seen as best placed to win refunds. Their paperwork likely includes customs documents or invoices with line-item breakdowns of tariff costs.
“If there was a tariff escalation in your contract or a price adjustment clause based on tariffs, and that’s why the price went up, if you had a contract that stated that, then you might be able to get a refund,” said Ron Ciotti, a partner at law firm Hinckley Allen.
Ciotti, who represents construction contractors, expressed doubt that individual consumers would successfully claim refunds. He noted many paid higher prices without written proof linking the increase directly to tariffs.
“I’ve heard some (people) saying this is such a win for the consumer, because they should get refunds back on certain products that would have been under tariffs. I don’t see how they can,” he said.
California governor Gavin Newsom has separately demanded tariff refund checks for Americans following the Supreme Court ruling. Newsom is seen as a potential Democratic presidential candidate in 2028.
FedEx is represented by the law firm Crowell & Moring. The firm also represents Costco, Revlon, and EssilorLuxottica in similar IEEPA tariff refund cases.
