FedEx Seeks Tariff Refund With Lawsuit Against US

Authored by Jill McLaughlin via The Epoch Times,

FedEx is suing the United States Feb. 23, seeking a full refund on President Donald Trump’s emergency tariffs after the U.S. Supreme Court ruled his use of the International Emergency Economic Powers Act (IEEPA) lacked authorization.

The lawsuit, filed in the U.S. Court of International Trade, seeks to recoup all duties paid by FedEx as a result of IEEPA orders and any interest accrued, plus attorney’s fees.

The Tennessee-based shipping giant focused its lawsuit mainly on the emergency tariffs imposed on Mexico, Canada, and China, and the 10 percent baseline tariff on all imports to the United States, which went into effect on April 5, 2025.

In the Learning Resources v. Trump case, the Supreme Court ruled Feb. 20 that Trump’s tariffs violated the emergency powers law he invoked last year to impose levies on China, Canada, Mexico, and other countries.

Tariffs enacted under other laws were not affected by the ruling.

The president declared a national emergency under IEEPA starting on Feb. 1, 2025, to address the flow of illicit drugs across the northern and southern borders, and to stop the synthetic opioid supply chain from China.

Trump continued taking more steps to implement emergency orders with tariffs last year and earlier this year, addressing global threats. The latest tariffs targeted Iran on Feb. 6.

The president issued an order Feb. 20 ending IEEPA tariff actions.

In a dissenting opinion, Supreme Court Justice Brett Kavanaugh said the federal government may be forced to refund billions of dollars to importers who paid tariffs under IEEPA “even though some importers may have already passed on costs to consumers or others.”

Kavanaugh also said he expected it could be a “mess.”

During a press conference Feb. 20 following the Supreme Court’s decision, Trump said the ruling didn’t do enough to address the refund issue, which could tie up the federal government in court for years to come.

“I guess it has to get litigated for the next two years,” the president said.

Ships are docked at the Port of Long Beach in Long Beach, Calif., on Feb. 20, 2026. Damian Dovarganes/AP Photo

Other companies have filed lawsuits seeking refunds on the tariffs, including Revlon, Costco, Goodyear Tire & Rubber, Toyota, BYD, Patagonia, REI, Trek, Specialized, Shimano, Bell Sports, Osprey, and Dole Fresh Fruit Company.

Since the Supreme Court ruling, Trump has imposed a 10 percent tariff on all countries, which was raised to 15 percent on Feb. 21. The new worldwide tariff level went into effect immediately, the president announced in a post on Truth Social.