Nintendo Sues U.S. Government, Seeks Refund, Says Tariffs Delayed Switch 2 Pre-orders

Nintendo of America filed a complaint in the United States Court of International Trade on March 6, 2026, asking the court to order a "prompt refund, with interest" of tariffs the company says were unlawfully imposed under the International Emergency Economic Powers Act (IEEPA). The complaint is available in PDF via RECAP and was first reported by Aftermath, with copies also posted to Scribd per outlet roundups.

The complaint names Nintendo of America as plaintiff and identifies multiple senior officials and agencies as defendants, including Scott Bessent, Kristi Noem, Jamieson Greer, Rodney Scott, and Howard Lutnick, plus the United States Treasury Department, Department of Homeland Security, and Customs and Border Protection. The exact caption and official capacities are set out in the filed pleading; reporters cite those names as listed in the complaint.

Nintendo grounds its suit on the Supreme Court’s recent rejection of IEEPA-based reciprocal tariffs and alleges the executive orders that began imposing the duties took effect "Since February 1, 2025." The complaint quotes that presidentially issued orders imposed tariffs on "a vast swath of countries," specifically listing Canada, Mexico, China, Brazil, and India among affected sources of imports.

Nintendo says it has statutory standing because it was the importer of record for goods subject to the IEEPA Duties: "[Nintendo of America] has standing to sue because it is the importer of record for goods that were subject to IEEPA Duties," the complaint states. Nintendo seeks recovery for duties it paid and contends defendants "enforced and continued to assess and collect those duties" even after the Supreme Court found the IEEPA action unlawful.

The company ties the tariffs directly to business harms in the complaint. Nintendo alleges it "suffered injury" from the duties and warned it "will suffer imminent and irreparable harm" absent judicial relief. The complaint says the tariffs prompted a last‑minute delay to Switch 2 pre‑orders in the U.S. after Nintendo had announced launch timing, with outlets reporting an originally planned April 9 pre‑order date before the company pushed back to "assess the potential impact of tariffs." Nintendo also states it raised prices on several accessories after the tariffs were announced in 2025; the complaint does not list accessory SKUs or dollar amounts in the reporting excerpts.

The suit sits amid related litigation by carriers and importers. FedEx has filed a separate action in the Court of International Trade requesting a full refund of IEEPA duties and said it would return refunds to shippers and consumers if the court orders repayment. The complaint and FedEx filing together highlight a broader industry push for recovery following the Supreme Court ruling.

The complaint and reporting note additional factual context: IGN recounts that in early April 2025 President Trump held up a chart at a Rose Garden event and declared "Liberation Day" while announcing broad tariffs, and that after the Supreme Court decision the administration introduced a new 10% global tariff rate. Nintendo’s complaint alleges continued collection of IEEPA Duties despite the court’s holding.

The filing leaves open specific, quantifiable follow‑ups: the docket number and exact filing date as entered on the court docket, the dollar amount Nintendo paid in IEEPA Duties, the precise products and shipments taxed, and whether the complaint’s prayer for relief seeks declaratory or injunctive remedies beyond the "prompt refund, with interest" wording. The RECAP PDF and the Court of International Trade docket will be the primary documents to confirm those figures and the full list of defendants.