The lawsuit comes ahead of a looming Supreme Court decision about the legality of Trump’s tariffs.
Costco has filed a lawsuit against the administration of United States President Donald Trump in efforts to get a full refund on the tariffs the company paid this year before the US Supreme Court weighs in on the legality of tariffs.
The lawsuit, filed on Fridayalso calls to block the collection of import duties.
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Costco said that the tariffs need to be immediately addressed because there is a December 15 deadline to refund taxes that have already been paid. The lawsuit alleges that US Customs and Border Protection has denied the company’s request to extend the deadline.
Costco did not specify the amount that it believes it should be refunded for.
“Importers that have paid IEEPA duties, including Plaintiff, are not guaranteed a refund for those unlawfully collected tariffs in the absence of their own judgment and judicial relief,” the suit said.
According to the suit, filed in the US Court of International Trade, Costco is also requesting a pause on further collections.
“Plaintiff seeks relief from the impending liquidations to ensure that its right to a complete refund is not jeopardized,” the lawsuit said.
The wholesale warehouse giant joins other large companies, including eyeglass maker Ray-Ban and makeup company Revlon, which are also suing the administration. Costco is represented by the law firm Crowell & Moring. The firm declined Al Jazeera’s request for comment.
“They are filing within the statutory deadline in order to receive the (refunds) for the tariffs that were (allegedly) collected illegally,” Gregory Shaffer, professor of international law at Georgetown University School of Law, told Al Jazeera.
Companies have 180 days to protest the liquidation, or the amounts owed, according to Shaffer.
“The liquidation of tariffs is the final, official calculation and assessment of the duties, taxes, and fees owed on imported goods.”
The White House has pushed back on the lawsuit.
“The economic consequences of the failure to uphold President Trump’s lawful tariffs are enormous and this suit highlights that fact. The White House looks forward to the Supreme Court’s speedy and proper resolution of this matter,” White House spokesman Kush Desai said in a written statement provided to Al Jazeera.
The looming Supreme Court decision
The Supreme Court is weighing in to see if the White House has the authority under the International Emergency Economic Powers Act (IEEPA) to impose tariffs.
The law gives the US president the authority to regulate imports in the case of a national emergency. What has largely been in question is whether Trump’s tariffs meet those terms. A decision looms with an unclear date, as justices heard arguments nearly a month ago in early November.
Shaffer believes there is a good chance that the court will rule against the Trump administration.
“It appeared that there will be at least four votes against, and I got a sense that Justice Gorsuch would vote against, given his concerns,” Shaffer said, referring to Neil Gorsuch, an associate justice of the Supreme Court who was appointed by Trump during his first term as president.
“There is a greater likelihood from the questioning that the decision will be against the Trump administration.”
In oral arguments at the November hearing, Gorsuch pushed back on the administration’s interpretation of the IEEPA.
“Congress, as a practical matter, can’t get this power back once it’s handed it over to the president,” Gorsuch said at the time.
“It’s a one-way ratchet toward the gradual-but-continual accretion of power in the executive branch and away from the people’s elected representatives.”
On Wall Street, Costco’s stock is up by 0.2 percent in midday trading.
