"the retail giant argued the Trump administration has misused the federal law, the International Emergency Economic Powers Act (IEEPA), it cited to impose the tariffs. IEEPA grants the president certain power, but they may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purposes', Costco said in the lawsuit, quoting the law."
"The largest warehouse club chain in the US also pointed out the law does not use the word tariff' or any term of equivalent meaning. In November, the supreme court heard oral arguments over Donald Trump's tariffs, and justices in the conservative-majority court appeared skeptical over the White House's arguments that the IEEPA covers Trump's tariffs. The vehicle is the imposition of taxes on Americans, and that has always been a core power of Congress, chief justice, John Roberts, said during arguments."
"While the supreme court is set to make its decision on the tariffs in the spring, Costco said its lawsuit is urgent because even if the supreme court ruled Trump's tariffs unconstitutional, importers are not guaranteed a refund for those unlawfully collected tariffs. Customs and Border Protection (CBP), the federal agency that collects tariffs, liquidates or finalizes the total amount of tariffs an importer owes 314 days after the goods enter the country."
Costco filed suit in the Court of International Trade, alleging the Trump administration exceeded executive authority by using the International Emergency Economic Powers Act (IEEPA) to impose tariffs. The complaint asserts IEEPA limits presidential power to unusual, extraordinary threats after a declared national emergency and does not mention tariffs or equivalent terms. The Supreme Court heard oral arguments and showed skepticism about applying IEEPA to tariffs, with Chief Justice John Roberts noting taxation is a core congressional power. Costco seeks refunds if tariffs are found unconstitutional and warns Customs liquidation timelines may bar recovery.
Read at www.theguardian.com
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