Nintendo has sued the U.S. federal government over tariffs imposed by President Donald Trump last year, according to the news outlet Aftermath and a legal filing with the U.S. Court of International Trade.
The lawsuit, filed Friday, argues that President Trump’s executive orders charging tariffs under the 1977 International Emergency Economic Powers Act were ruled unconstitutional with the Supreme Court’s decision Feb. 20; therefore, the video game company is owed refunds—with interest.
Nintendo’s suit is largely focused on the old tariffs, but the president also imposed new tariffs in the wake of his surprise defeat in the nation’s highest court. Immediately after Trump lost his case, known as Learning Resources Inc. v Trump, the president insisted he had other statutes he could use to get his tariff revenue, vowing to impose a new 10% tariff.
“Effective immediately, all national security tariffs under Section 232 and existing Section 301 tariffs… remain in place, fully in place, and in full force and effect. Today I will sign an order to impose a 10% global tariff under Section 122, over and above our normal tariffs already being charged,” Trump said on Feb. 20 in a completely unhinged press conference.
Section 122 of the Trade Act of 1974 allows the president to impose tariffs of up to 15% but only for 150 days. President Trump pledged to raise his new tariff from 10 to 15% shortly after his press conference.
The suit brought by Nintendo lists several agencies and their heads, including Treasury Secretary Scott Bessent, Office of the U.S. Trade Representative Jamieson Greer, CBP leader Rodnsey Scott, and Commerce Secretary Howard Lutnick. Homeland Security Secretary Kristi Noem is also listed, who was pushed out of her role on Thursday, but she’ll be in the position through the end of the month as the Senate considers confirmation of Trump’s new pick, Markwayne Mullin, a Republican senator from Oklahoma.
“All tariffs collected under the IEEPA Duties must be refunded with interest,” the lawsuit from Nintendo reads.
Judge Richard Eaton of the U.S. Court of International Trade ruled on Wednesday that companies that paid tariffs are entitled to refunds, but attorneys for U.S. Customs and Border Protection, the federal agency that collects the tariffs, argued Friday that it can’t do that. CBP gave several reasons, including a lack of manpower and deficient technology to efficiently issue the refunds, according to CNBC.
A large number of other companies have filed suit to get refunds, including Costco, Goodyear, GoPro, Toyota, and Revlon, among others. Democratic attorneys general and governors in two dozen states also filed suit Thursday, attempting to both get refunds and stop Trump’s convoluted attempt at circumventing the Supreme Court decision last month.
“The focus right now should be on paying people back, not doubling down on illegal tariffs,” Oregon Attorney General Dan Rayfield told the Associated Press.
But it remains to be seen whether another win in federal court would change anything on the ground. After all, Trump already lost at the Supreme Court, the highest court in the country. It seems logical that he’ll just keep trying loopholes to ignore any new rulings, no matter what any court may find.
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