Business
FedEx sues US government for refund of President Donald Trump tariffs
FOX Business host Larry Kudlow discusses the ramifications of the Supreme Court striking down the president’s tariffs on ‘Kudlow.’
FedEx sued the U.S. government Monday, seeking a full refund of tariffs assessed under President Donald Trump’s order targeting imports.
The lawsuit is one of the highest-profile moves by a major American company following the Supreme Court’s 6-3 ruling Friday, which determined that the president did not have the authority under the International Emergency Economic Powers Act (IEEPA) to impose such tariffs.
The complaint, filed against the government and U.S. Customs and Border Protection (CBP) in the Court of International Trade, alleges FedEx incurred costs to expedite shipments through customs and is entitled to a refund of duties with interest, as well as compensation for the financial harm it suffered.
“Plaintiffs seek for themselves a full refund from Defendants of all IEEPA duties Plaintiffs have paid to the United States,” FedEx said in the lawsuit.
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The lawsuit does not disclose how much FedEx has paid in tariffs. (FedEx)
“Supporting our customers as they navigate regulatory changes remains our priority,” the company told FOX Business.
“FedEx has taken necessary action to protect the company’s rights as an importer of record to seek duty refunds from U.S. Customs and Border Protection following the U.S. Supreme Court’s ruling that the tariffs issued under the International Emergency Economic Powers Act (IEEPA) are unlawful.”
The lawsuit does not disclose how much FedEx has paid in tariffs. However, in September, the shipping giant said it expected a $1 billion hit to fiscal-year earnings from U.S. trade policies, only part of which involved IEEPA duties.
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FedEx sued the U.S. government, seeking a full refund of tariffs assessed under President Donald Trump’s emergency order targeting imports. (Anna Moneymaker/Getty Images / Getty Images)
“While the Supreme Court did not address the issue of refunds, FedEx has taken necessary action to protect the company’s rights as an importer of record to seek duty refunds from U.S. Customs and Border Protection,” the company said on its website.
“At this time, however, no refund process has been established by regulators or the courts,” it added. “We will communicate any relevant information and updates in a timely manner, and we appreciate your patience as we wait for additional guidance and clarity from the U.S. government and the courts.”
The suit names CBP Commissioner Rodney S. Scott and the U.S. as defendants.
FedEx is represented by Washington, D.C.–based Crowell & Moring, which also represents Costco and Revlon in IEEPA tariff refund cases filed before the Supreme Court’s ruling Friday.
WILL REFUNDS BE ISSUED AFTER SUPREME COURT RULING ON TRUMP TARIFFS?
| Ticker | Security | Last | Change | Change % |
|---|---|---|---|---|
| FDX | FEDEX CORP. | 383.71 | -4.77 | -1.23% |
In February 2025, Donald Trump invoked the IEEPA to impose duties on imports from China, Canada and Mexico, citing national security concerns and unfair trade practices. Then in April, he expanded the measures into reciprocal tariffs targeting 57 countries.
In effect, U.S. businesses and consumers paid more than $175 billion in duties.
On Friday, the Supreme Court ruled in Learning Resources, Inc. v. Trump that IEEPA does not authorize Trump to impose tariffs, confirming that the Court of International Trade has exclusive jurisdiction over the IEEPA tariffs.
FedEx alleges it incurred costs to expedite shipments through customs and is entitled to a refund of duties with interest. (Steve Russell/Toronto Star via Getty Images / Getty Images)
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While CBP continued collecting the duties during the pending litigation, it announced that IEEPA duty collection would cease Tuesday.
The White House and CBP did not immediately respond to FOX Business’ request for comment.
Alan Brochstein, CFA has been contributing articles to Seeking Alpha since 2007. He has worked on the sell-side and the buy-side in fixed-income and on the buy-side in equities. Alan got his start as a financial professional in the securities industry in 1986 after earning a B.A. in Economics and in Mathematical Methods in the Social Sciences from Northwestern University. He was managing investments in institutional environments until he founded AB Analytical Services in 2007 to provide independent consulting to registered investment advisors. He also prepared management reviews for Management CV, a firm focused on evaluating the skill and quality of management teams at publicly-traded companies.Alan was one of the first investment professionals to focus exclusively on the cannabis industry when he started to doing so in 2014. In 2013, he launched 420 Investor, a subscription service forced on cannabis stocks that he now runs on the Seeking Alpha platform, and he is also the managing partner of New Cannabis Ventures, a leading provider of relevant financial information in the cannabis industry since 2015. Alan has been a big fan of ETFs for decades, liking both how they enable individual investors to manage diversified investment portfolios at a reasonable cost and investment managers to help their clients have passively managed portfolios among their holdings. He has been writing about ETFs extensively at Seeking Alpha since 2025, aiming to help readers better understand the ETF universe, which has gotten quite large Alan is trying to help investors understand what they own or what they could own and to also help them become aware of the risks of their ETFs relative to other ETFs.He maintains a 79-ETF Focus List that is broad, including both very large and popular ETFs as well as many that are not as widely followed but that stand out in his view. He has also created a model portfolio as of year-end 2025.
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