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Nintendo sues government via Aftermath | PDF | Federal Government Of The United States | Justice
Nintendo sues government
Nintendo Suing U.S. Government Over Tariffs
Nintendo filed a lawsuit in the United States Court of International Trade
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Nintendo Suing U.S. Government Over Tariffs
Nintendo filed a lawsuit in the United States Court of International Trade
By Nicole Carpenter
Photo by Cláudio Luiz Castro / Unsplash
Published: March 06, 2026, 1:21 pm
Last updated: March 06, 2026, 2:30 pm
3 comments |
Nintendo of America is suing the United States government over the sweeping tariffs President Donald Trump put in place last year, according to a complaint filed Friday in the U.S. Court of International Trade and obtained by Aftermath. Though the Supreme Court has stymied the tariffs for the time being, the situation remains in flux for companies manufacturing goods outside the U.S. and sent stateside.
The Supreme Court struck down the tariffs on Feb. 20, but Trump vowed to impose new, 15% tariffs on many global imports under Section 122 of the Trade Act of 1974. Two dozen states are suing over the new tariffs, as of Thursday. More than 1,000 companies have also sued the U.S. government for what they say is the illegal implementation of these tariffs. Those companies include Costco and FedEx.
Nintendo of America's lawsuit is largely targeting refunds of the previously imposed tariffs that the Supreme Court struck down; the Supreme Court found that Trump could not invoke the International Emergency Economic Powers Act of 1977 to put the tariffs in place. Nintendo of America's lawyers list the U.S. Department of the Treasury and Secretary of the Treasury Scott Bessent; U.S. Department of Homeland Security and former Secretary of Homeland Security Kristi Noem; Office of the United States Trade Representative and U.S. Trade Representative Jamieson Greer; U.S. Customs and Border Protection and Protection Commissioner Rodney Scott; and the U.S. Department of Commerce and Secretary of Commerce Howard Lutnick.
"This action concerns Defendants' initiation and administration of unlawful trade measures that have, to date, resulted in the collection of more than $200 billion in tariffs on imports from nearly all countries," lawyers write in the complaint.
Nintendo confirmed to Aftermath it filed the complaint but had "nothing else to share on this topic."
The U.S. Court of International Trade has jurisdiction over civil issues relating to customs and international trade law in the country. That's where all these lawsuits are being litigated, and where Customs and Border Protection told a judge that it collected $166 billion in tariffs as of Wednesday, per CNBC. On Wednesday, Judge Richard Eaton ruled that companies are entitled to refunds. But on Friday, Customs and Border Protection said in a filing it can't currently comply with the order to refund tariffs. A system could be "operational" in 45 days, according to the Wall Street Journal.
Since Feb. 1, 2025, lawyers write, Trump has implemented "unlawful" executive orders "imposing tariffs on imports from a vast swath of countries." The company is asking the court to refund "with interest" the tariffs it paid. "[Nintendo of America] has standing to sue because it is the importer of record for goods that were subject to IEEPA Duties," lawyers say. Nintendo manufactures its consoles and accessories overseas, mostly in Vietnam and China. The timing of the tariffs was particularly bad for Nintendo, which was gearing up to release its Nintendo Switch 2 console when they were announced. The company ended up delaying preorders for the anticipated console after the tariffs were announced.
"Pre-orders for Nintendo Switch 2 in the U.S. will not start April 9, 2025 in order to assess the potential impact of tariffs and evolving market conditions," Nintendo told press in April 2025. "Nintendo will update timing at a later date. The launch date of June 5, 2025 is unchanged."
Nintendo began preorders on April 24. The new console itself remained $449.99, but the console's accessories received a price hike due to the increased duties. To keep the console price the same, Nintendo sent most of its Vietnam-made units to the U.S., according to Bloomberg. Nintendo had already moved some of its production out of China and into Vietnam during Trump's first presidency.
Through several pages of the complaint, Nintendo's lawyers recount the tariff situation beginning on Feb. 1, when Trump issued the executive orders imposing new tariffs. The months that followed were chaotic; the situation changed rapidly as tariffs were increased, paused, then increased again. Tariffs reached over 125% for goods from China, before those were reduced to 34% in May. Throughout multiple legal challenges, the Trump administration continued to impose the tariffs, Nintendo lawyers say. That's in violation of the International Emergency Economic Powers Act of 1977, Nintendo lawyers say, and why they are entitled to a refund of the tariffs paid during this since February 2025.
"All tariffs collected under the IEEPA Duties must be refunded with interest," lawyers write. They say the government has "conceded this point" in other court documents.
Read the complaint here. Aftermath reached out to the White House, Department of Homeland Security, Department of the Treasury, Office of the United States Trade Representative, Customs and Border Protection, and the U.S. Department of Commerce.
Nintendo wants a Refund.
Big ramifications for this case.
