FedEx sues government for tariff refunds
on February 23, 2025
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on February 23, 2025
NEW YORK, February 23, 2026 -- Global logistics giant FedEx filed a lawsuit in the U.S. Court of International Trade seeking a refund for President Donald Trump's emergency tariffs, one of the highest profile moves to recover funds since the U.S. Supreme Court last week deemed the tariffs illegal.
A flood of lawsuits to recover billions of dollars is expected by trade attorneys after the blockbuster ruling. The recovery process still has to be worked out by a lower court, though, complicating the matter.
More than $175 billion in U.S. tariff collections are subject to potential refunds after the U.S. Supreme Court on February 20 ruled 6-3 that Trump overstepped his authority by using the International Emergency Economic Powers Act, a sanctions law, to impose tariffs on imported goods, Penn-Wharton Budget Model economists said.
"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, referring to tariffs Trump imposed.
FedEx and its logistics arm served as importer of record on goods subject to IEEPA tariffs. The Memphis-based company did not provide the dollar value of the refund it is seeking.The global logistics company moves 17 million packages per day through hundreds of countries.
In December, Costco sued the administration for a full refund of tariffs it paid under IEEPA. Costco has said that about a third of its sales in the U.S. come from imported products.
Trump has pledged to collect tariffs through other ways, including under Section 122 of the Trade Act of 1974. That move is only permitted for 150 days unless Congress approves an extension.
Court: The United States Court of International Trade (USCIT) at 1 Federal Plaza, New York, New York 10278
Case Number: 26-01150
Parties:
Plaintiffs - Federal Express Corporation and Fedex Logistics Inc.
Defendants - U.S. CUSTOMS AND BORDER PROTECTION; RODNEY S. SCOTT, in his official capacity as Commissioner of U.S. Customs and Border Protection; and the UNITED STATES OF AMERICA
V.O.S. Selections, Inc. v. Donald J. Trump, 772 F. Supp. 3d. 1350, 1383 (Ct. Int’l Trade 2025), aff’d, 149 F.4th 1312 (Fed. Cir. 2025)
In V.O.S. Selections, Inc. v. Trump, the Court of International Trade (2025) and subsequently the Federal Circuit (August 2025) ruled that President Trump’s imposition of broad, 10% tariffs under the International Emergency Economic Powers Act (IEEPA) exceeded executive authority. The courts found that IEEPA’s "regulation" power does not authorize tariffs.
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