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.
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.
[DO NOT DELETE FOOTER BELOW]
