FedEx has filed a lawsuit against the U.S. government seeking a “full refund” of all tariffs it paid under Donald Trump’s emergency tariff program that the U.S. Supreme Court recently ruled unlawful. The complaint was filed Monday in the U.S. Court of International Trade in New York.
In the 11-page complaint, FedEx said the company and its logistics affiliate “have suffered injury” from having to pay these duties and are entitled to reimbursement. “Plaintiffs seek for themselves a full refund from Defendants of all IEEPA duties Plaintiffs have paid to the United States,” the filing states, referring to tariffs imposed under the International Emergency Economic Powers Act.
FedEx did not disclose how much it is seeking, but executives had previously warned tariff policies could cut into profits by roughly $1 billion, according to Reuters. The suit names U.S. Customs and Border Protection, its commissioner, Rodney Scott, and the United States as defendants. Last week, the Supreme Court ruled 6-3 that Trump lacked statutory authority under IEEPA to impose broad tariffs on imported goods, saying that power lies with Congress. While the high court struck down the tariffs, it left unresolved whether companies are entitled to refunds, prompting suits like FedEx’s.
In a statement, FedEx said it “has taken necessary action to protect the company’s rights as an importer of record to seek duty refunds,” but noted no refund process has yet been established by regulators or the courts.
Legal experts expect a wave of similar cases as businesses seek to recover billions paid in duties under the now-invalidated tariff program.
