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FedEx suing for refund after Trump’s tariffs ruled illegal

Click to play video: 'U.S. Supreme Court rules against Trump’s tariffs'
U.S. Supreme Court rules against Trump’s tariffs
Rini Rashid, McMillan LLP International Trade Lawyer, joins Global’s Nivrita Ganguly to discuss how the U.S. Supreme Court’s 6-3 decision striking down Donald Trump’s use of tariffs impacts Canadians.

FedEx is suing the U.S. government, requesting a full refund on what it paid for tariffs set by President Donald Trump last year after the Supreme Court ruled that the tariffs are illegal.

FedEx said in a filing with the U.S. Court of International Trade that they have “suffered injury” from having to pay the tariffs and that the relief they’re seeking from the court would redress those injuries.

Other companies have already launched efforts to recoup costs from the illegal tariffs, including large U.S. corporations like Costco and Revlon.

The National Retail Federation said in a statement on Friday that the Supreme Court’s ruling provided certainty for U.S. businesses and manufacturers.

“We urge the lower court to ensure a seamless process to refund the tariffs to U.S. importers,” it said. “The refunds will serve as an economic boost and allow companies to reinvest in their operations, their employees and their customers.”

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Click to play video: '‘The walls are closing in on President Trump’: Ford on aftermath of U.S. Supreme Court tariff ruling'
‘The walls are closing in on President Trump’: Ford on aftermath of U.S. Supreme Court tariff ruling

The Supreme Court struck down President Donald Trump’s far-reaching global tariffs on Friday. Trump said he was “absolutely ashamed” of some justices who ruled 6-3 against him, calling them “disloyal to our Constitution” and “lapdogs.” At one point he even raised the specter of foreign influence without citing any evidence.

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The court’s ruling found tariffs that Trump imposed under an emergency powers law were unconstitutional, including the sweeping “reciprocal” tariffs he levied on nearly every other country.

The Treasury had collected more than USD$133 billion from the import taxes the president has imposed under the emergency powers law as of December, federal data shows. The impact over the next decade has been estimated at some $3 trillion.

Trump has vowed to collect tariffs through other means. He reached for a stopgap option immediately after his defeat Friday at the Supreme Court: Section 122 of the Trade Act of 1974 allows the president to impose tariffs of up to 15 per cent for up to 150 days. But any extension beyond 150 days must be approved by a Congress likely to balk at passing a tax increase as November’s midterm elections loom.

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