After a bombshell ruling where the Supreme Court declared President Donald Trump’s sweeping tariffs against foreign imports illegal, FedEx – which is now suing the White House for a “full refund” for the duties originally imposed upon the multinational delivery service – has promised that if they receive a refund, they will pass that money back to their customers.
“Our intent is straightforward: if refunds are issued to FedEx, we will issue refunds to the shippers and consumers who originally bore those charges,” the company said in a statement. “When that will happen and the exact process for requesting and issuing refunds will depend in part on future guidance from the government and the court.”
In a lawsuit filed on Monday, February 23 in the U.S. Court of International Trade, FedEx declared that they are seeking the restitution of all duties collected from the company by the Trump Admin.
“Typically, when goods enter (i.e., are imported into) the United States, the importer of record pays an estimated duty,” FedEx’s court documents say. “[Customs and Border Protection] then fixes the final appraisement of merchandise by confirming the final value, classification, duty rate, and final amount of duty for the imported goods.”
FedEx also posted a public statement on their website regarding the Supreme Count’s decision to strike down Trump’s tariffs.
“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 US Customs and Border Protection,” FedEx wrote. “At this time, however, no refund process has been established by regulators or the courts. We will communicate any relevant information and updates in a timely manner, and we appreciate your patience as we wait for additional guidance and clarity from the US government and the courts.”
Chief Justice John Roberts, along with conservative Justices Amy Coney Barrett and Neil Gorsuch and liberal Justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor ruled in a 6-3 vote last Friday that the International Emergency Economic Powers Act (IEEPA), which Trump used to apply his tariffs, actually does not authorize him to be able to do so in any way whatsoever.
Writing the ruling’s majority opinion, Chief Roberts noted that the IEEPA includes a wide array of powers, but among them there is not “any mention of tariffs or duties.”
“That omission is notable in light of the significant but specific powers Congress did go to the trouble of naming,” Roberts wrote. “It stands to reason that had Congress intended to convey the distinct and extraordinary power to impose tariffs, it would have done so expressly—as it consistently has in other tariff statutes Accordingly, the president must ‘point to clear congressional authorization’ to justify his extraordinary assertion of the power to impose tariffs. He cannot.”
Since taking office for his second term, Trump has levied tariffs on multiple countries, including China, Russia, Canada, Mexico, among many others, totaling tens of billions of dollars; money, which may have to be paid back to the importers, although Chief Justice Roberts did not mention if that was a possibility in Friday’s ruling.
