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Costco Sues to Get Tariff Refund

Outcome turns on whether Supreme Court upholds legality of such duties.

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Costco is the largest warehouse-style club in the U.S., with 630-plus outlets. (Rival Sam’s Club has about 600 stores in its home country.) Photo: jetcityimage/iStock by Getty Images

Costco Wholesale (Issaquah, Wash.) is suing the federal government to receive a “complete refund” on import duties it’s paid if the Supreme Court rules against President Donald Trump’s sweeping tariffs, report a variety of news sources, including USA Today.

The lawsuit, which the membership-only discount chain filed in the U.S. Court of International Trade in New York on Nov. 28, asked that judicial body to find Trump’s use of the International Emergency Economic Powers Act to impose tariffs as unlawful. Costco 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 also noted that filing the suite the suit was necessary because importers are not guaranteed to receive a refund if the high court strikes down the tariffs, unless they sue, the news reports said.

The Supreme Court held a hearing Nov. 5 on the question of whether Trump has the power to impose sweeping tariffs on most imports using the Emergency Economic Powers Act. Though the Supreme Court took the tariff case on an accelerated basis, it has not said when it will rule on it, USA Today noted.

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