Highlights
- Nintendo of America files suit in the U.S. Court of International Trade seeking refunds for tariffs paid under executive orders issued during President Trump's second term.
- The U.S. Supreme Court struck down the tariffs on Feb. 20, 2026, ruling them unconstitutional. A federal judge has since ordered that affected companies receive refunds.
- More than 1,000 companies, including FedEx and Costco, have filed similar legal challenges. Two dozen states are also contesting the duties.
Nintendo of America has filed a lawsuit against the U.S. government seeking refunds for tariffs imposed during President Donald Trump's second administration. The complaint was filed in the U.S. Court of International Trade after a federal judge ruled that companies that paid certain duties are entitled to reimbursement.
The case targets duties imposed under executive orders beginning Feb. 1, 2025. Nintendo's lawyers argue the tariffs were imposed without legal authority under the International Emergency Economic Powers Act of 1977 and should be returned with interest. The U.S. Supreme Court struck down the IEEPA tariffs in a 6-3 decision on Feb. 20, 2026, in Learning Resources, Inc. v. Trump, ruling that the president could not unilaterally impose tariffs because that power belongs to Congress.
In the complaint (h/t Aftermath), Nintendo's lawyers wrote that the case concerns the government's "initiation and administration of unlawful trade measures." They said those actions resulted in more than $200 billion in tariffs being collected on imports from nearly all countries. Customs and Border Protection's own court filings put the figure at about $166 billion.
Nintendo tariff lawsuit follows Supreme Court ruling
The lawsuit names several federal agencies and officials as defendants, including the U.S. Department of the Treasury, U.S. Customs and Border Protection (CBP), the Office of the United States Trade Representative, the Department of Homeland Security, and the Department of Commerce.
"We can confirm that we filed a request," Nintendo said in a statement. "We have nothing else to share on this topic."
Nintendo is far from alone. More than 1,000 companies, including FedEx and Costco, have filed similar lawsuits. Two dozen U.S. states are also contesting new tariffs introduced under Section 122 of the Trade Act of 1974.
Nintendo manufactures most of its consoles and accessories overseas, primarily in Vietnam and China. The tariffs took effect as the company was preparing to release the Nintendo Switch 2. Nintendo had set U.S. preorders for April 9, 2025, but delayed them after Trump announced reciprocal tariffs on April 2 to assess the cost impact.
Preorders later began on April 24, 2025. Nintendo maintained the console's $449.99 price but raised accessory prices after the duties increased import costs. The console could face further price pressure from a global RAM shortage.
Judge Richard Eaton ruled on March 4, 2026, in Atmus Filtration, Inc. v. United States, that all importers who paid IEEPA tariffs are entitled to refunds. The ruling applies broadly — not just to companies that filed suit. CBP told the court on March 6 that it cannot currently process the payments. The agency disclosed it had collected about $166 billion in IEEPA tariffs from more than 330,000 importers and said a new system to handle refunds could be operational in about 45 days.
