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FedEx seeks refund for Trump's emergency tariffs

The global transportation company FedEx filed a lawsuit on Monday in the U.S. Court of International Trade, seeking a refund for President Donald Trump's Emergency Tariffs. This is one of the most high-profile moves to recover money since the U.S. Supreme Court ruled the tariffs unconstitutional last week. Trade attorneys expect a flood of lawsuits after the landmark ruling to recover billions. A lower court will still have to work out the recovery process, which complicates matters. The U.S. Supreme Court ruled on Friday that Trump exceeded his authority when he used the International Emergency Economic?Act to impose tariffs against imported goods. Penn-Wharton Budget Model's economists believe this could lead to a potential refund of more than $175 billion.

FedEx stated in its lawsuit that "Plaintiffs are seeking a refund of all IEEPA 'duties Plaintiffs paid to the United States," referring to the tariffs Trump imposed. FedEx's logistics arm and FedEx itself served as the importer of record for goods?subjected to IEEPA tariffs. The Memphis-based firm did not disclose the dollar amount of the refund that it is'seeking.

FedEx sued the United States of America, U.S. Customs and Border Protection and its commissioner Rodney Scott. CBP and White House didn't immediately respond to comments.

Crowell & Moring, a Washington D.C. law firm, represents FedEx in this lawsuit. The company did not comment immediately. Crowell & Moring represents Costco, Revlon Cosmetics, EssilorLuxottica, and other companies, in IEEPA cases. Ron Ciotti, a Boston-based partner with Hinckley Allen, who represents contractors and developers in the United States, says that importers, distributors, and suppliers are best placed to receive IEEPA refunds. Their paperwork will likely include invoices or customs documents with detailed breakdowns of tariffs. If you have a contract which states that there was a tariff increase or price adjustment clause due to tariffs and this is why the price increased, you might be eligible for a refund, said Ciotti. California Governor Gavin Newsom - a potential Democratic presidential candidate for 2028 - demanded separate tariff refund checks after the Supreme Court struck them down. Ciotti said, "I have heard people say that this is a great win for consumers because they will be able to reclaim tariffs on some products." "I don’t see how they could," said Ciotti, adding that businesses and consumers may have paid higher prices without any written explanation of how tariffs led to the higher prices. They also might lack the proof required to win a reimbursement.

(source: Reuters)