Costco seeks 'full refund' for tariffs in new lawsuit against Trump administration
Wholesale giant Costco has filed a lawsuit against the Trump administration for a "full refund" on import duties the company says it paid this year under global tariffs imposed by President Donald Trump.
The lawsuit, filed by Costco at the U.S. Court of International Trade on Nov. 28, states that Congress, not the president, has the power to impose tariffs.
Trump imposed a flurry of global tariffs in April, citing the 1977 International Emergency Economic Powers Act, or IEEPA, which gives the president power to regulate international commerce in the event of an "unusual and extraordinary threat."
On Monday, Costco filed a motion to combine its lawsuit with nearly two dozen other lawsuits previously filed by other U.S. companies challenging the legality of Trump's IEEPA tariffs.
"The complaints are materially identical in allegations, theories, and ultimate requested relief," Costco wrote in its motion.
One of the previously filed lawsuits is currently pending a decision at the U.S. Supreme Court.
If the Supreme Court strikes down Trump's tariffs, more than $90 billion of refunds could be owed. A decision is expected early next year.
Costco's lawsuit states that the Court of International Trade and other federal courts "have agreed the IEEPA duties are not authorized" and are unlawful.
"This separate action is necessary, however, 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 lawsuit states.
Costco, a membership warehouse club with over 800 locations across the U.S., according to its website, is seeking an immediate injunction against having to pay additional tariffs on products already imported while the Supreme Court case is pending.
Costco is also seeking a refund for the tariff payments it incurred.
In a statement to ABC News on Tuesday, White House deputy press secretary Kush Desai said, "The economic consequences of the failure to uphold President Trump's lawful tariffs are enormous and this suit highlights that fact. The White House looks forward to the Supreme Court’s speedy and proper resolution of this matter."
Costco declined to comment on the lawsuit.
ABC News' Taylor Dunn contributed to this report.
