Federal Express filed a lawsuit against the U.S. government on Monday, demanding a “complete refund” of the amounts paid for tariffs that were imposed last year by President Donald Trump, which were deemed illegal by the Supreme Court last week.
This lawsuit appears to be the first by a significant American corporation seeking a refund following Friday’s ruling by the Supreme Court.
Other entities filed lawsuits seeking refunds prior to the ruling, claiming that the tariffs instituted by Trump under the International Emergency Economic Powers Act are unlawful.
These lawsuits, which include ones from retail giant Costco, remain unresolved at the U.S. Court of International Trade in New York, the same venue where FedEx has submitted its lawsuit.
In its ruling on Friday, the Supreme Court stated that the Court of International Trade possesses “exclusive jurisdiction” over the IEEPA tariffs.
“Plaintiffs are requesting a full reimbursement from Defendants for all IEEPA duties paid to the United States,” Federal Express Corp and its affiliate, FedEx Logistics, stated in the new complaint.
The 11-page lawsuit identifies as defendants U.S. Customs and Border Protection, which administers tariffs, its commissioner, Rodney Scott, and the federal government.
CNBC has reached out for a statement regarding the lawsuit from CBP and the White House.
The lawsuit does not disclose the total amount FedEx has paid in IEEPA tariffs since they were applied to most U.S. trading partners last year.
However, in September, FedEx indicated it anticipated a $1 billion reduction in its earnings for the fiscal year due to U.S. trade policies, not all of which pertained to IEEPA duties. This figure represents 16% of the total earnings from the previous fiscal year.
On its website, FedEx stated, “While the Supreme Court did not discuss the matter of refunds, FedEx has taken the required steps to safeguard the company’s rights as an importer of record to request duty refunds from U.S. Customs and Border Protection.”
“Currently, no refund system has been set up by regulators or the judiciary,” the company added. “We will provide any pertinent information and updates promptly, and we appreciate your understanding as we await further direction and clarification from the U.S. government and the courts.”
