Nintendo sues US government over “unlawfully collected” tariffs


Nintendo filed a lawsuit against the federal government on Friday, seeking refunds with interest for tariffs it paid the US government.

The lawsuit was filed in the US Court of International Trade against several federal agencies and officials, including the Treasury Department, the Department of Homeland Security, the Department of Commerce, US Customs and Border Protection, and the Office of the US Trade Representative.

Japanese video game giant Nintendo claimed the tariffs were “unlawfully collected” and requested a “prompt refund” with interest and attorneys’ fees.

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After the Supreme Court struck down the tariffs issued under the International Emergency Economic Powers Act (IEEPA) on February 20th, the administration said it would impose new 15% tariffs on many global imports under Section 122 of the Trade Act of 1974.

When the previous tariffs were imposed, Nintendo, which manufactures its consoles primarily in Vietnam and China, was preparing to release its Nintendo Switch 2 and ultimately had to delay preorders.

"This action concerns Defendants' initiation and administration of unlawful trade measures that have, to date, resulted in the collection of more than $200 billion in tariffs on imports from nearly all countries," Nintendo lawyers wrote in the complaint, according to Aftermath, which first reported on the lawsuit.

The company says that although Trump eventually issued an order to end those tariffs, the order “did not address refunding of the illegally collected IEEPA duties.”

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"All tariffs collected under the IEEPA Duties must be refunded with interest," lawyers wrote, adding that the government has "conceded this point" in other court documents.

Thousands of US companies, including Costco and FedEx, have also sued the government, seeking refunds for tariffs they argue were illegally imposed, which resulted in about $170 billion in duties paid.

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