Salmon giant seeks repayment of Trump-era tariffs in US court.
Mowi has filed a lawsuit against US customs authorities, challenging tariffs imposed under former president Donald Trump using emergency powers legislation.
According to court documents dated 8 January, the company argues that the tariffs, introduced under the US International Emergency Economic Powers Act (IEEPA), are unlawful because they lack explicit authorisation from Congress.
“The tariffs are unlawful if the government cannot point to a clear authorisation from Congress,” Mowi’s lawyers wrote in the filing.
The legal action targets the US customs agency responsible for collecting the duties. Tariff rates applied under the policy have reached as high as 50 percent for some countries.
IEEPA grants the US president broad emergency powers during national crises. The Trump administration relied on the legislation to justify the imposition of additional import tariffs.
Case filed to protect refund rights
The lawsuit was immediately paused by the US Court of International Trade pending the outcome of a similar case. According to the filing, Mowi expected this outcome when it initiated proceedings.
The company nevertheless pursued the case to protect its ability to reclaim duties that may later be deemed unlawfully collected.
“Refund of the unlawfully collected IEEPA tariffs remains uncertain for importers, including the plaintiff, in the absence of a separate judgment,” the filing states.
Mowi declined to comment further on the litigation.
“We have nothing to add beyond the statement of claim,” communications director Morten Bertelsen said in an email.
The company did not disclose the value of the tariffs paid or the size of its US exports. In its fourth quarter results, however, the US ranked among Mowi’s largest markets, behind the EU and the UK.
Supreme Court ruling raises stakes
On 20 February, the Supreme Court of the United States ruled that Trump’s use of IEEPA to impose tariffs was unlawful.
Trump criticised the ruling and subsequently announced plans to introduce a new global tariff structure.
The extent to which unlawfully collected tariffs will be refunded remains uncertain. On 4 March, the United States Court of International Trade ruled that the duties must be repaid, although the US government may still appeal.
US Customs and Border Protection has indicated that the disputed tariffs amount to roughly $166 billion collected from around 330,000 importers.
