FedEx joins companies seeking tariff refunds as litigation looms

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(The Center Square) – FedEx joined the growing list of companies seeking tariff refunds as confusion over President Donald Trump's latest tariffs continues and the refund process begins.

The Tennessee-based shipping giant asked the U.S. Court of International Trade in New York for a full refund, but didn't disclose how much it paid in tariffs.

The Liberty Justice Center is a nonprofit law firm that challenged Trump's reciprocal tariffs in April 2025. On Tuesday, the firm filed motions in the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of International Trade to enforce the ruling and start the refund process.

In a motion before the U.S. Court of International Trade, the Liberty Justice Center asked for a refund of all unlawfully collected tariffs, with interest.

"All American businesses that have had to pay illegal, unjust and unconstitutional tariffs, but the fight isn't over,” said Sara Albrecht, chairman of the Texas-based Liberty Justice Center. "Now we are asking the courts to ensure the government honors its commitments and refunds American businesses."

Trump promised tariff certainty for U.S. businesses after the Supreme Court ruled the president's tariffs under a 1977 law were illegal. He first announced a 10% global tariff hours after the decision. Trump is seeking to rebuild his tariff wall under alternative laws. The next day, on Saturday, he said in a social media post that he would raise that global rate to 15%.

Nonetheless, the 10% global tariff Trump signed on Friday went into effect at 12:01 a.m. Tuesday. The Center Square reached out to the White House for details on the timing of the announced 15% global tariff rate, but did not receive an immediate response.

A bulletin from U.S. Customs and Border Protection said Tuesday that Trump's latest executive order imposed an additional 10% ad valorem duty. The duty applies to imported articles of every country for 150 days under Section 122 of the Trade Act of 1974.

FedEx filed suit seeking refunds of all tariffs paid under the International Emergency Economic Powers Act.

"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," according to a note on the company's website. "At this time, however, no refund process has been established by regulators or the courts."

FedEx is the first major company to seek refunds after last week's Supreme Court ruling. Thousands of companies filed suit before the ruling, including Costco, Revlon, Kawasaki, Bumble Bee and Yokohama Tire.

The Supreme Court, divided 6-3, ruled that the International Emergency Economic Powers Act didn't give Trump expansive tariff powers. Justices Clarence Thomas, Brett Kavanaugh and Samuel Alito dissented.

"The Framers gave 'Congress alone' the power to impose tariffs during peacetime," Chief Justice John Roberts wrote for the majority.

The Yale Budget Lab estimated that the Section 122 tariffs would mean a loss of between $600 and $800 for the average U.S. household.