Nintendo Takes U.S. Government to Court Over Tariffs That Stalled Switch 2 Preorders

Nintendo of America is the latest major name to take legal action against the United States Government over tariffs it argues were imposed unlawfully and ended up hurting businesses that rely on international manufacturing.

The company has joined a growing wave of lawsuits filed by more than 1,000 businesses and roughly two dozen states, all challenging a previous tariff program that critics say was overly broad, poorly targeted, and disruptive across multiple industries. Big employers and retailers are already part of the wider effort, and Nintendo’s entry adds fresh attention because of how closely the dispute overlaps with the launch timing of one of the most anticipated gaming products in years.

At the center of Nintendo’s complaint is a recent U.S. Supreme Court decision that struck down the tariff approach in question. The ruling found that President Trump could not use the International Emergency Economic Powers Act of 1977 (IEEPA) to implement the new tariff scheme the way it was carried out. In its filing, Nintendo is primarily seeking refunds for the tariffs it previously paid, along with interest—arguing that the government collected money under a framework the Supreme Court has now rejected.

Nintendo’s legal team describes the measures as sweeping and indiscriminate, saying the tariff plan ended up applying to imports from a wide range of countries. The lawsuit names multiple federal departments and senior officials as defendants, including the Department of the Treasury, the Department of Homeland Security, the Office of the United States Trade Representative, U.S. Customs and Border Protection, and the Department of Commerce.

These cases are being handled in the U.S. Court of International Trade, the key venue for disputes involving import duties and trade enforcement. In court filings, Customs and Border Protection stated it had collected $166 billion in tariffs as of midweek reporting. Later, a judge ruled in favor of the companies pursuing refunds, agreeing they are entitled to get their money back. However, Customs and Border Protection also indicated it could not immediately process the refunds, with reports suggesting a system to carry out the ruling could take around six weeks to implement.

Nintendo’s argument is also rooted in real-world impact, not only legal theory. The company points out that many of its products are manufactured overseas, meaning tariff costs directly affect its import expenses. According to the filing, the timing of the disputed tariff scheme collided with Nintendo’s preparations for the Switch 2 launch, creating delays and driving up costs at a critical moment. Nintendo says those added costs are exactly why it is seeking repayment and compensation now that the tariff authority behind the program has been rejected in court.

Nintendo also notes it has legal standing because it served as the importer of record for goods subject to the IEEPA-related duties, putting the company directly in the line of financial harm from the tariffs. With the court battles expanding and refund logistics now becoming a major issue, Nintendo’s lawsuit adds more pressure to resolve not only the legality of the tariff collections, but also how and when billions in repayments could actually be returned.