Tech-adjacent Dyson, Epson, and Whoop also have a crack
WORLD WAR FEE Tech companies have started suing the US government to seek repayment of tariffs that the Supreme Court recently declared unconstitutional.
The Register on Monday noticed reports about Nintendo of America last week filing a complaint [PDF] that points out the February 20th Supreme Court opinion [PDF] in the case of Learning Resources, Inc. v. Trump found that the administration was not able to use the the International Emergency Economic Powers Act (IEEPA) to levy tariffs. That decision leaves open the possibility that the government may have to refund the importers who paid tariffs.
We’ve since searched for case filings in the United States Court of International Trade, the venue for tariff-related matters, and found several tech companies seeking refunds of tariffs the Supreme Court Found illegal.
Lenovo’s complaint [PDF] is dated February 20th – the day of the Supreme Court decision – but relies on rulings of lower courts.
The other filings we’ve found landed after the Supremes ruled out the administration’s use of IEEPA to impose tariffs, and come from designer vacuum cleaner biz Dyson, fitness wearable outfit Whoop, home security camera company Wyze, and printer-ink-slinger Epson Portland Inc.
They’re all similar in that they point out the plaintiff is an importer, note the outcome of the Learning Resources case and that the Supreme Court’s jurisdiction does not cover ordering refunds. Plaintiffs therefore ask the United States Court of International Trade to rule that they’re due a refund, plus interest. Plaintiffs also seek costs.
None of the filings we’ve seen mention what the plaintiffs intend to do with any refunds. That’s a contentious issue as several increased prices or changed pricing schemes after the introduction of tariffs, meaning consumers paid more. Law firm Arnold & Potter last week predicted a wave of consumer class actions – and noted a few are already in motion.
The firm describes the class actions as “untested and in their early stages” but also warns they have “sweeping implications on businesses across virtually every industry.”
“Any company that imposed tariff-related fees or increased prices in response to the now-invalidated IEEPA tariffs faces new, sprawling exposure that should be evaluated promptly.”
Grab some popcorn. Preferably domestically-produced popcorn, if you want to avoid legal complications.
The Trump administration has since re-introduced tariffs using other mechanisms, and vowed to continue doing so to prosecute its trade policy. ®