FedEx sues for Trump tariff refund after Supreme Court ruling

FedEx sues for Trump tariff refund after Supreme Court ruling
A driver of FedEx stands with packages near a delivery truck during Black Friday preparations in the Georgetown neighbourhood of Washington, U.S., 26 November, 2024
Reuters

Global transportation company FedEx has filed a lawsuit in the U.S. Court of International Trade seeking a refund for President Donald Trump's emergency tariffs it paid under the overturned International Emergency Economic Powers Act (IEEPA).

“Accordingly … Plaintiffs seek for themselves a full refund from Defendants of all IEEPA duties Plaintiffs have paid to the United States,” FedEx’s lawyers wrote in the filing lodged at the U.S. Court of International Trade through the Customs and Border Protection Agency.

The move is one of the highest-profile attempts to recover funds since the U.S. Supreme Court last week deemed the tariffs illegal.

The Supreme Court ruled on Friday (20 February) that former President Donald Trump exceeded his authority when he used the act to impose sweeping tariffs on nearly all U.S. trading partners.

More than $175 billion in U.S. tariff collections are subject to potential refunds, according to Penn-Wharton Budget Model economists. However, the Memphis-based company did not provide the dollar value of the refund it is seeking.

FedEx said it imported goods from countries subject to the duties while the tariffs were in effect and “paid IEEPA duties to the United States and thus [has] suffered injury caused by those orders.”

The company says it moves 17 million packages per day across hundreds of countries.

“Typically, when goods enter the United States, the importer of record pays an estimated duty,” FedEx lawyers said. Customs and Border Protection then confirms the final appraisal, including value, classification, duty rate, and total duty owed.

Executives had warned that tariffs could dent the company’s earnings.

In September, before the IEEPA tariffs were rescinded, FedEx estimated the hit could reach $1 billion in fiscal year 2026. Brie Carere, FedEx chief customer officer, described the period as “particularly challenging for small exporters.”

The White House did not immediately respond to requests for comment.

FedEx appears to be the first major corporation to seek a refund following the Supreme Court ruling, though several cases were already filed in the specialised international trade court.

In December, Costco sued for a full refund of tariffs, noting that about a third of its U.S. sales come from imported products. Other companies, including Revlon, EssilorLuxottica, Kawasaki, Bumble Bee, and Yokohama Tire, have filed similar suits in recent months.

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