At least nine Japanese companies and two U.S. companies have filed lawsuits against the U.S. government seeking refunds over additional tariffs imposed by the Trump administration as the Supreme Court reviews the constitutionality of the levies.
Affiliates of at least nine Japanese firms, including Toyota Tsusho Corp. and Sumitomo Chemical Co., have sued the U.S. government for full refunds of the additional tariffs they had to pay this year, in the event of the Supreme Court ruling the levies illegal.
According to recent court filings, the U.S. affiliates argue that the imposition of “reciprocal” tariffs by the administration of President Donald Trump, using the International Emergency Economic Powers Act without congressional approval, is unlawful.
Their complaints were filed with the U.S. Court of International Trade in New York after the top court held oral arguments on Nov. 5, during which its justices appeared skeptical of Trump’s authority to bypass Congress in imposing the double-digit tariffs on imports from nearly all countries.
The affiliates took legal action, believing refunds to importers would not be guaranteed even if the Supreme Court struck down the Trump administration’s sweeping tariffs.
The other Japanese companies include Ricoh Co., Yokohama Rubber Co. and Ushio Inc.
During a Cabinet meeting at the White House on Tuesday, Trump said the Supreme Court case is so vital because, thanks to the tariffs, “our country is wealthy again and secure again, and it’s part of national security,” adding “I hope that goes well.”
Lower courts have ruled that Trump overstepped his presidential powers when he invoked the 1970s-era emergency law to unleash the “reciprocal” tariffs and impose new duties on goods from China, Canada and Mexico. He described the levies against the three countries as punishment for not doing enough to curb the flow of fentanyl coming into the United States.
While it remains unclear when the Supreme Court will issue a ruling on the matter, dozens of other companies, including U.S. warehouse retailer Costco Wholesale Corp., have sued the administration to challenge the legitimacy of its new global tariffs and to ensure they receive refunds should the court invalidate the measures.