Nintendo is suing the US government over the tariffs enacted by the Trump administration that the US Supreme Court later deemed unconstitutional.
News of the tariffs this time last year, announced shortly before pre-orders went live for Nintendo Switch 2, sent Japanese game stocks plummeting, and ultimately led Nintendo to make the unprecedented decision to delay Switch 2 pre-orders in the States on account of “evolving market conditions”. It additionally raised the cost of Switch 2 accessories in the US due to tariffs, and some US retailers were reportedly spooked into cancelling pre-orders ahead of the console’s launch.
Now, according to Aftermath, Nintendo of America has lodged a complaint in the US Court of International Trade on Friday (6th March), demanding refunds for the previously imposed tariffs, thought to collectively amount to more than $200 billion across all countries.
“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,” court papers claim.
“[Nintendo of America] has standing to sue because it is the importer of record for goods that were subject to IEEPA Duties,” NoA’s lawyers add, stressing they are seeking both a refund and any interest owed, and claiming it suffered injury as a result of the IEEPA duties.
“Plaintiff requests that, consistent with the Supreme Court’s ruling […] this Court order the prompt refund, with interest, of any IEEPA duties paid by the Plaintiff […] and provide any and all remedies that the Court deems appropriate.”
The papers specifically name a number of parties it deems responsible, including the Office of the US Trade Representative, the US Customs and Border Protection, the Department of Homeland Security, the US Department of Commerce, and the US Department of the Treasury, as well as Jamieson Greer, Rodney Scott, former head of Homeland Security Kristi Noem, Scott Bessent, and Howard Lutnick.
Nintendo insists the defendants “promptly refund” the erroneous tariff payments, with interest – albeit without providing an anticipated dollar amount – and cover its “reasonable” attorney fees.
