Editor's note: Yesterday we reported that Trek Bicycle was among the many U.S. companies suing the Trump administration to recover tariffs imposed under the IEEPA law. At the time we were unable to identify other bike-related brands that were suing. On Monday we learned of several other brands that are also suing, and we've updated this story.
WASHINGTON (BRAIN) — Several major bikes brands are among the thousands of U.S. companies, including major corporations like Costco, Goodyear Tire & Rubber Company, and Toyota, that are suing the U.S. government to get in line to recover tariffs paid under the International Emergency Economic Powers Act. The Supreme Court on Friday ruled that the it was illegal for the Trump administration to use the IEEPA law to levy tariffs.
In the last several months, bike brands including Trek, Specialized, Shimano, Marin, Ibis, Bell Sports, QBP, Osprey, Yakima, Tern Bicycle, New Lectric EBikes, Alpinestars, retailer REI, and outdoor brands GoPro, Patagonia and Helly Hansen (US) filed suits with the Court of International Trade.
Most of the suits are nearly identical, listing as defendants the United State of America, the Executive Office of the President, Customs and Border Protection and its Commisioner Rodney Scott, the office of the U.S. Trade Representative, USTR Jamieson Greer, and the International Trade Commission.
In December the CIT stayed all similar cases, saying it would maintain a list of the plaintiffs and "determine the appropriate next steps for resolution" of the cases following a final, unappealable decision in V.O.S. Selections, Inc. v. United States, the case that the Supreme Court ruled on Friday. Terry Precision Cycling is among the plaintiffs in the original V.O.S. case.
Most of the complaints note that lower court decisions invalidated the tariff collection and HTSUS import code revisions that facilitated the tariffs. They ask the court to enjoin the government from collecting more of the tariffs and to refund tariffs paid with interest and other costs, including legal fees.
Legal experts say that, for companies that can afford the legal fees, suing may preserve their rights and lead to faster recovery of the paid tariffs and interest, although some government officials have indicated that litigation will not be necessary to recover the tariffs.
