Nintendo of America is suing the United States Treasury Department, Homeland Security, and Customs & Border Protection to get back money it paid the United States Government as a result of President Donald Trump’s controversial tariffs that were deemed illegal by the Supreme Court last month.
In the lawsuit that was filed in the U.S. Court of International Trade on Friday, Nintendo lawyers argue that since February 1, 2025, President Trump has collected money from companies shipping products into the United States via “unlawful” executive orders “imposing tariffs on imports from a long list of countries around the world. Aftermath was the first to report on the lawsuit.
“[Nintendo of America] has standing to sue because it is the importer of record for goods that were subject to [the tariffs,” Nintendo’s lawyers explained in the lawsuit. The company also claims it has directly “suffered injury” from those illegal Trump-ordered tariffs. In April 2025, Nintendo was forced to delay pre-orders of the Nintendo Switch 2 and later raised prices on some accessories as a result of Trump’s worldwide tariffs.
Nintendo’s lawyers add that the company will “suffer imminent and irreparable harm for the [tariffs] it has paid” if the court doesn’t force the US Federal Government to pay back what it is owed with some interest.
As to why Nintendo is suing, its lawyers explain that unless the company goes after the United States in court, there is no guarantee it will get its money back.
“Regardless, this [lawsuit] is necessary because, despite the Supreme Court’s ruling and Defendants’ concession regarding the necessity of refunds, [Nintendo] and other importers who paid the illegally collected IEEPA duties are not guaranteed the refund to which they are entitled absent this Court providing such relief.”
On Friday, U.S. Customs and Border Protection told the Court of International Trade that it cannot currently comply with an order to refund tariffs imposed by Trump. CBP blamed technical limitations. So I doubt Nintendo will be the only company suing the US Government to get back what it’s owed.
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