Trade experts say that companies subject to Trump’s tariffs are nearing a critical window known as “liquidation,” the 10-month threshold when CBP’s assessment of rates and duty amounts paid becomes final. The first of the tariff barrage hit China in early February, a precursor to April’s more sweeping
“Liberation Day” tariffs.
Once the liquidation period is up, businesses have six months to challenge the CBP’s calculation if they disagree. At that point, they have to jump through more bureaucratic hoops to get their money back.
For a well-known warehouse club giant like Costco, it appears the risk of staying on the sidelines was too high. And more firms may follow its lead to preserve a legal right to a refund in the coming weeks. Already, Revlon, EssilorLuxottica — maker of the Ray-Ban
sunglasses — Kawasaki Motors and BumbleBee Foods are among the companies challenging the administration in court.
“I think it tells you that the business community really thinks that the administration is either going to be unwilling or unable to administer the refund process in an orderly fashion,” said Tim Meyer, an international business law and trade professor at Duke University. “They really expect that getting money from the administration through that administrative process is not going to be a pleasant
experience.”
In Costco’s case, the refund could be substantial. About a third of its sales stem from imported products, the company said in a May earnings call.
Peter Harrell, a trade expert at Georgetown Law’s Institute of International Economic Law, estimated Costco could be in line for a $1 billion payout from the federal government.
The tariff case has lingered in Trump's mind. On Monday morning, he blasted
out a social media post praising tariffs as his favorite tool to level the playing field of global commerce.
“We have a big decision,” Trump said at a White House event later that afternoon. “Hopefully we're going to get the right decision.” He ended the day by threatening a 5% tariff on Mexico and claimed they were violating a water treaty.
—Joseph Zeballos-Roig
Joseph Zeballos-Roig is Quartz’s Washington Correspondent. Email him at jzeballos-roig@qz.com and
follow him on X at @josephzeballos. |