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Costco Joins Growing Wave of Retailers Suing for Tariff Refunds
The retailer, which sells billions in fine jewelry and watches, is suing the Trump administration and U.S. Customs and Border Patrol.
On Friday, Costco filed a lawsuit against the Trump administration and U.S. Customs and Border Protection seeking a refund of the tariffs paid under the IEEPA. Other companies that have filed similar lawsuits include Revlon and eyewear company EssilorLuxottica, which makes Ray-Ban sunglasses.
Issaquah, Wash.—Costco Wholesale Corp. is joining the ranks of retailers that are filing lawsuits against the Trump administration demanding refunds on the “unlawfully collected” tariffs it’s paid this year.
In its suit filed Friday in the U.S. Court of International Trade (CIT)—the same court that declared the tariffs invalid back in May—the retailer argues that while the U.S. Supreme Court could rule against President Donald Trump and the tariffs he imposed under the International Economic Emergency Powers Act (IEEPA), that’s no guarantee it will get any money back.
Costco states in its suit, “This separate action is necessary … because even if the IEEPA duties and underlying executive orders are held unlawful by the Supreme Court, importers that have paid IEEPA duties, including plaintiff, are not guaranteed a refund for those unlawfully collected tariffs in the absence of their own judgment and judicial relief.”
The retailer adds that refunds are necessary now because U.S. Customs and Border Protection (CBP) will begin “liquidating” (finalizing) the IEEPA tariffs it has paid as soon as Dec. 15, after which it will be difficult, if not impossible, to receive a refund.
Costco is asking the court for a full refund of all IEEPA duties it has paid, as well as those it will continue to pay, though the lawsuit does not state exactly how much tariffs have cost the retailer.
It is also asking the court to declare the IEEPA duties unlawful and for an injunction preventing the defendants—the U.S. government, CBP, and Rodney S. Scott in his official capacity as CBP commissioner—from imposing additional tariffs under the IEEPA.
The retailer also stated in its lawsuit that it intends to file a preliminary injunction seeking to suspend the CBP’s power to liquidate the IEEPA tariffs.
Costco noted that it previously had asked CBP to extend the liquidation period for all IEEPA tariff goods, but CBP denied that request on Nov. 18.
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In its suit filed Friday in the U.S. Court of International Trade (CIT)—the same court that declared the tariffs invalid back in May—the retailer argues that while the U.S. Supreme Court could rule against President Donald Trump and the tariffs he imposed under the International Economic Emergency Powers Act (IEEPA), that’s no guarantee it will get any money back.
Costco states in its suit, “This separate action is necessary … because even if the IEEPA duties and underlying executive orders are held unlawful by the Supreme Court, importers that have paid IEEPA duties, including plaintiff, are not guaranteed a refund for those unlawfully collected tariffs in the absence of their own judgment and judicial relief.”
The retailer adds that refunds are necessary now because U.S. Customs and Border Protection (CBP) will begin “liquidating” (finalizing) the IEEPA tariffs it has paid as soon as Dec. 15, after which it will be difficult, if not impossible, to receive a refund.
Costco is asking the court for a full refund of all IEEPA duties it has paid, as well as those it will continue to pay, though the lawsuit does not state exactly how much tariffs have cost the retailer.
It is also asking the court to declare the IEEPA duties unlawful and for an injunction preventing the defendants—the U.S. government, CBP, and Rodney S. Scott in his official capacity as CBP commissioner—from imposing additional tariffs under the IEEPA.
The retailer also stated in its lawsuit that it intends to file a preliminary injunction seeking to suspend the CBP’s power to liquidate the IEEPA tariffs.
Costco noted that it previously had asked CBP to extend the liquidation period for all IEEPA tariff goods, but CBP denied that request on Nov. 18.
The tale of Trump’s tariffs began back in February, when the president evoked his authority under the IEEPA to impose taxes on imports from China, Mexico, and Canada, known as the “trafficking tariffs.”
In April, he used the IEEPA again in imposing a baseline tariff of 10 percent on imports from all U.S. trading partners, with higher “reciprocal” tariffs on goods from certain countries.
After a 90-day pause that was later extended by a few weeks, the higher tariffs went into effect in August. (Current tariff rates are accessible via the Jewelers Vigilance Committee’s Tariff Tracker, which is open to all in the industry.)
Trump’s tariffs have been challenged in the CIT as well as the U.S. District Court for the District of Columbia, both of which declared that the president overstepped his authority in using the IEEPA to impose wide-ranging tariffs with no expiration date.
The U.S. government has argued that the tariffs are emergency measures that are necessary to protect American jobs and manufacturing, bring manufacturing back to the U.S., correct trade imbalances, and pressure countries to stop the flow of illegal drugs into the U.S.
The case made its way to the U.S. Supreme Court, which heard arguments in early November.
The court is expected to issue its ruling soon, with Politico reporting that it could come before the end of the year.
In the meantime, JVC has advised companies in the jewelry industry to keep detailed records of all the tariffs they have paid in case refunds are issued.
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Costco is one of the largest sellers of fine jewelry in North America, ranking No. 6 on National Jeweler’s 2025 list of $100 Million Supersellers, with more than $2 billion in watch and jewelry sales.
It is one of a number of large corporations that have sued the Trump administration in an attempt to secure tariff refunds.
Per the Civil Rights Litigation Clearinghouse, Yokohama Tire filed a lawsuit on Nov. 10, followed by cosmetics company Revlon on Nov. 14, and canned seafood company Bumble Bee Foods on Nov. 18.
Eyewear company EssilorLuxottica, which makes Ray-Ban sunglasses, also is suing, filing its case on Nov. 26.
Like Costco’s lawsuit, all four were filed in the Court of International Trade and list the same defendants: the U.S. government, CBP, and CBP Commissioner Scott.
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