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December 3, 2025 19 mins

Short Summary

Costco—the giant of $1.50 hot dogs—is suing the White House over tariffs, claiming executive overreach. In this urgent episode, Pankaj Raval and Sahil Chaudry break down what this lawsuit means for small businesses and why you can't afford to ignore it. They explain the dangerous "liquidation" clock that could wipe out your right to a refund, why uncertainty is a "margin killer" for importers, and provide a practical 5-step playbook to preserve your rights and fight back.

Takeaways

  • Costco vs. The White House: Costco is arguing that the President exceeded his authority under IEEPA because only Congress has the power to tax.
  • The "Liquidation" Trap: Customs finalizes duties ~314 days after entry. If you don't challenge the tariff before this deadline, your money is gone forever—even if the Supreme Court later rules the tariff illegal.
  • Tariffs are Taxes: For small businesses, tariffs aren't abstract policy; they are a direct tax that can wipe out margins overnight (e.g., a 67% hike on apparel).
  • Uncertainty Kills Investment: Entrepreneurs can manage risk, but they cannot price uncertainty. Volatile tariff policy causes businesses to "freeze" and halt innovation.
  • Preserve Your Rights: You don't get a refund by default. You must take affirmative action (like filing a protest) to "stop the clock" and preserve your right to get your money back.
  • The Playbook:
    1. Track Deadlines: Know your liquidation date (approx. 314 days from entry).
    2. File a Protest: Use Customs Form 19 to challenge the tariff within 180 days of liquidation.
    3. Consider Litigation: A lawsuit in the Court of International Trade (CIT) can suspend liquidation.
  • Comparative Advantage: We import goods not just for price, but for expertise (e.g., beaded dresses from India). Tariffs disrupt these established ecosystems.

Soundbites

  • "Costco... the bulk buying dollar 50 hot dog selling giant... is suing the Trump administration over tariffs."
  • "That's like being told you're overcharged for your meal, but the restaurant already closed."
  • "Tariffs aren't just political talking points. They're essentially taxes on small businesses."
  • "You can't price uncertainty. You can't insure against it and you can't model it."
  • "If you miss the 314 day window, your duties become final. Even if the tariff is later ruled illegal."
  • "You need to preserve your refund rights. And now that is a strategic business function."
  • "Costco suing isn't just a corporate tantrum, it's a flare gun."

Keywords

Tariffs, Costco Lawsuit, IEEPA, International Trade, Supply Chain, Small Business, Import/Export, Customs, Liquidation, Protest, Executive Authority, Risk Management, Carbon Law Group

🔗 Learn More

Website: carbonlg.com

Connect with Pankaj: https://www.linkedin.com/in/pankaj-raval/

Connect with Sahil: https://www.linkedin.com/in/sahil-chaudry-6047305/

Trademark Watch Service: https://carbonlg.com/introducing-carbon-laws-new-trademark-watch-service/


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