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.
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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.
