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Tipsheet

FedEx Wants a Refund for Trump's Tariffs – an International Court Will Decide

FedEx Wants a Refund for Trump's Tariffs – an International Court Will Decide
AP Photo/Richard Drew, File

FedEx filed a lawsuit against U.S. Customs and Border Protection (CBP) in the U.S. Court of International Trade on Monday, alleging that it illegally collected billions of dollars in “emergency” tariffs that President Donald Trump imposed last year.

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The Supreme Court issued a ruling striking down Trump’s trade orders. FedEx is now seeking full refunds of the money it lost plus interest. The court ruled that legal challenges against the tariffs must be brought in the trade court.

The complaint details how Trump’s executive orders used the International Emergency Economic Powers Act (IEEPA) to impose “new and substantial tariffs on goods imported from nearly every foreign country,” including Canada, Mexico, China, and dozens of others.

The orders instituted sweeping surcharges ranging from 10 percent to 25 percent. This forced importers to pay the extra duties when their shipments entered the United States.

The emergency tariffs harmed FedEx by forcing the company to pay extra, unlawful duties on a wide array of imported goods. The complaint explains that FedEx is the “importer of record” which means that when FedEx imported products from these nations, it had to cover those added costs to get the goods to American consumers.The company has “paid IEEPA duties on numerous entries” according to the lawsuit. But the Supreme Court later deemed these surcharges illegal, which means FedEx suffered direct financial injury through higher duty bills.

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The complain relies heavily on the Supreme Court ruling, which held that “IEEPA does not authorize the President to impose tariffs” and affirmed an earlier ruling striking down the emergency duties. The justice emphasized that their “task…is to decide only whether the power to ‘regulate…importation,’ as granted to the President in IEEPA, embraces the power to impose tariffs. It does not.”

FedEx now joins several other companies in suing the White House over the tariffs. These include Costco, Revlon, Goodyear, Kohl’s, Bumble Bee Foods, and others. In fact, over 1,000 corporations have become involved in litigation challenging or seeking refunds of the tariffs in the Court of International Trade, according to Bloomberg.

Editor's Note: With President Trump back in the White House, the state of our Union is strong once again.

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