FedEx said Thursday it would pass along any refunds it receives from the government to the shippers and consumers who originally paid charges linked to tariffs set by President Donald Trump under the International Emergency Economic Powers Act. The company made the pledge in a statement following its own court filing seeking protection for its refund rights. FedEx’s position also underscores the practical gap left after the Supreme Court struck down the IEEPA tariffs as illegal: the ruling did not include implementation details for refunds to the parties that paid.
In Thursday’s statement, FedEx said, “If refunds are issued to FedEx, we will issue refunds to the shippers and consumers who originally bore those charges,” while adding that timing and process would depend in part on “future guidance from the government and the court.” The company said it would communicate as additional direction becomes available.
FedEx said it took that step after it filed suit in the U.S. Court of International Trade to protect its right to seek a refund for tariffs set under the IEEPA. The company said the context was the Supreme Court’s decision on Feb. 20, which ruled the IEEPA tariffs were illegal. While the high court resolved the legality question, the refund implementation question remained open.
The Supreme Court ruling did not specify a system by which companies and individuals who paid the tariffs could request and receive refunds. FedEx said setting up such a system would likely take time, reflecting that it would require procedures to determine eligibility, calculations, and request mechanics. The company’s statement pointed to the need for both court and government guidance.
More broadly, litigation efforts have involved a large number of companies seeking refunds through the Court of International Trade. The company said more than 1,000 companies have filed suit to recoup costs from the illegal tariffs, listing major U.S. corporations including Costco and Revlon among those pursuing relief. Those cases collectively aim to address how the refunds will flow in light of the Supreme Court decision.
FedEx also highlighted steps being taken by attorneys seeking to jump-start the refund process in appellate and trial courts. On Tuesday, the libertarian-leaning Liberty Justice Center said it, along with co-counsel Neal Katyal, filed coordinated motions in the U.S. Court of Appeals for the Federal Circuit and the Court of International Trade. A response from the government is due Friday, the legal group said, as parties try to move forward on the mechanics of refunds.
Liberty Justice Center’s motion effort came as companies and courts confront the same unanswered question that FedEx pointed to: how to turn a ruling that declared the tariffs illegal into a refund system for the people and businesses that paid. FedEx said it is committed to transparency and will provide updates as additional direction emerges from the U.S. government and the court.