Nintendo sues U.S. government over tariffs — Japanese videogame giant seeks 200 billion refund with interest
Source: Tom’s Hardware
Image credit: Getty Images
Lawsuit Overview
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. The complaint, obtained by Aftermath, alleges that the tariffs were unlawfully imposed under the International Emergency Economic Powers Act of 1977 (IEEPA). Nintendo, represented by Venable LLP, requests the return of the collected duties with interest, along with attorney fees and the reprocessing of its import entries.
Nintendo joins more than 1,000 companies—including 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 over $200 billion in import taxes on imports from nearly all countries since February 2025. Nintendo confirmed filing the complaint but provided no additional comment.
Defendants
The lawsuit names the following U.S. agencies as defendants:
- U.S. Department of the Treasury
- Department of Homeland Security
- Office of the U.S. Trade Representative
- Customs and Border Protection
- Department of Commerce
A notable element of the complaint cites the government’s own prior concessions in the V.O.S. Selections v. Trump litigation, where the government argued that if tariffs were held unlawful, refunds—including post‑judgment interest—would be issued to plaintiffs. Nintendo’s lawyers argue that this position already binds the government.
Tariff Details
The complaint covers ten executive orders issued between February 1, 2025, and mid‑2025:
- Initial tariffs on Canada, Mexico, and China (February 2025)
- A 40 % tariff on Brazilian goods (mid‑2025)
- A 25 % tariff on Indian goods tied to Russian oil purchases (mid‑2025)
China‑specific duties escalated dramatically:
| Period | Duty Rate |
|---|---|
| Start | 10 % |
| Later | 20 % |
| Later | 84 % |
| Peak | 125 % |
| May 2025 | 34 % |
Impact on Nintendo Products
Nintendo manufactures its consoles and accessories primarily in Vietnam and China, placing it directly in the crossfire of the sweeping tariffs announced in April 2025.
- Switch 2 pre‑orders: Delayed from April 9 to April 24 to assess cost impact.
- Accessory price hikes:
- Joy‑Con 2 controllers: $90 → $95 per pair (ahead of the June 5 launch)
- Pro Controller: $79.99 → $84.99
- Original Switch family (U.S.) (August 2025, after a 20 % tariff on Vietnamese goods):
- OLED model: $349.99 → $399.99
- Standard Switch: $299.99 → $339.99
Nintendo warned last year that Switch 2 pricing “may be subject to change” depending on market conditions, indicating ongoing exposure to future tariff measures.
Future Outlook
President Trump has since proposed a 15 % global tariff under Section 122 of the Trade Act of 1974, prompting more than two dozen states to file suit as of March 6. Nintendo’s complaint focuses specifically on IEEPA duties, leaving the company’s exposure to any future tariffs on its Vietnam and China production uncertain.
