Nintendo of America has filed a lawsuit against the U.S. government seeking a refund of tariffs it paid under Trump-era executive orders, arguing they were unlawfully imposed under the International Emergency Economic Powers Act (IEEPA). The company's action follows a Supreme Court ruling that struck down these IEEPA-based tariffs and ordered refunds, which U.S. Customs and Border Protection has stated it cannot comply with.
The lawsuit claims these tariffs resulted in the collection of over $200 billion in import taxes and forced Nintendo to delay Switch 2 preorders and raise prices on accessories and older console models. Nintendo is among more than 1,000 companies, including FedEx and Costco, seeking similar refunds.
The main topics covered are the legal challenge to the tariffs, the Supreme Court's ruling, the financial and operational impact on Nintendo, and the broader context of trade policy and corporate response.
Nintendo sues the US government over tariffs — Japanese videogame giant seeks 200 billion refund with interest
The lawsuit targets duties that forced Switch 2 accessory price hikes and delayed preorders last year.
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Nintendo of America filed a lawsuit against the U.S. government on March 6 in the U.S. Court of International Trade, seeking a refund of tariffs it paid under President Donald Trump's executive orders since February 2025, according to a complaint obtained by Aftermath. The company, represented by Venable LLP, argues that those tariffs were unlawfully imposed under the International Emergency Economic Powers Act of 1977 (IEEPA) and seeks the return of the collected duties "with interest," along with attorney fees and the reprocessing of its import entries.
The Supreme Court struck down the IEEPA-based tariffs on February 20, ruling that the act did not grant the president authority to impose them. The court also ordered U.S. Customs and Border Protection to refund the duties it had collected. In a separate filing on the same day Nintendo filed its complaint, however, CBP stated it was "not able to comply" with that order.
Nintendo is among more than 1,000 companies that have filed suit, joining FedEx, Costco, and Revlon in seeking refunds. The 14-page complaint (case no. 1:26-cv-1540) states that tariffs have resulted in the collection of more than $200 billion in import taxes on imports from nearly all countries since February 2025. Nintendo told Aftermath it had filed the complaint but had "nothing else to share."
Nintendo's lawyers name the U.S. Department of the Treasury, the Department of Homeland Security, the Office of the U.S. Trade Representative, Customs and Border Protection, and the Department of Commerce as defendants. A notable element of the complaint is its use of the government's own prior concessions: in the earlier V.O.S. Selections v. Trump litigation, the government argued that "if tariffs imposed on plaintiffs during these appeals are ultimately held unlawful, then the government will issue refunds to plaintiffs, including any post-judgment interest that accrues." Nintendo's lawyers cite this directly, arguing that the position already binds the government.
The complaint covers 10 executive orders in total, stretching from the initial February 1, 2025, tariffs on Canada, Mexico, and China through to a 40% tariff on Brazilian goods and a 25% tariff on India tied to its purchases of Russian oil, both issued in mid-2025. China-specific duties escalated rapidly over the period: starting at 10%, rising to 20%, then to 84%, peaking at 125%, and then reduced to 34% in May 2025.
Nintendo manufactures its consoles and accessories primarily in Vietnam and China, putting it squarely in the crossfire when sweeping tariffs were announced in April 2025. The company delayed Switch 2 preorders from April 9 to April 24 to assess the potential cost impact, and ultimately raised prices on accessories rather than the console itself.
Joy-Con 2 controllers went from $90 to $95 per pair ahead of the June 5 launch, and the Pro Controller rose from $79.99 to $84.99. By August 2025, Nintendo also raised prices across the original Switch family in the U.S., with the OLED model climbing from $349.99 to $399.99 and the standard Switch from $299.99 to $339.99, following a 20% tariff imposed on goods from Vietnam.
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Trump has since proposed a 15% global tariff under Section 122 of the Trade Act of 1974, and more than two dozen states filed suit over that measure as of March 6. Nintendo's complaint covers the IEEPA duties specifically, meaning the company's exposure to future tariffs on its production in Vietnam and China remains an open question, with Nintendo itself having warned last year that Switch 2 pricing "may be subject to change" depending on market conditions.
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Luke James is a freelance writer and journalist. Although his background is in legal, he has a personal interest in all things tech, especially hardware and microelectronics, and anything regulatory.
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Notton Here's how I expect this to go:Reply
1. Nintendo USA Sues
2. a US government psycho will threaten to ban and register nintendo as a supply chain risk
3. nintendo USA withdraws lawsuit
4. nintendo USA gets forcefully sold off to some US billionaire anyways -
Zaranthos Nintendo USA sues the US government that's trying to protect the US market where Nintendo itself garners over a third of its revenue. Almost every other country in the world imposes some type of duty, tariff, or VAT on goods and services. Prior to 2025 the US had some of the lowest tariffs and trade barriers in the world but paid some of the highest (often 2-3x) in the world with almost no countries having actual "free trade". Many other countries also imposed trade barriers to block US products entirely from their markets. These are just facts. Now the lawyers will collect a lot of this money (lol).Reply
Meridiano
