Three weeks after US Supreme Court ruled out the use of IEEPA, government digs foundation to erect new barriers
The US government has fired off another barrage of legal actions as Donald Trump attempts to get his tariff policy moving once again, adding extra complexity and uncertainty for the country’s fresh produce importers.
According to reports, the Office of the United States Trade Representative has initiated what are known as Section 301 investigations in relation to the EU, China, Mexico, Japan, India, and a number of other countries.
Permitted under the 1974 Trade Act, that’s a move essentially aimed at identifying what the administration regards as “unjustifiable, unreasonable, or discriminatory” foreign policies that damage companies in the US, and then using this as evidence to justify new tariffs.
The move comes around three weeks after Trump’s previous tariff policy was deemed illegal under US law, a development that opened the door for importers to claim back billions in duty payments.
According to a news story published by The Independent, Dole Fresh Fruit Company is among around 2,000 importers that have sued the US administration for wrongful application of tariffs.
It is understood to have filed a lawsuit on 2 January 2026 in which it argued that the use of tariffs under the the International Emergency Economic Powers Act (IEEPA) was unlawful.
The company reportedly demanded a full refund for all tariffs paid to the US under IEEPA, and an injunction to prevent tariffs being imposed using that order in future.
The same article also noted that retailer Costco Wholesale filed a legal action on 28 November 2025, in which it demanded refunds from the US government in the event that the Supreme Court rejected Donald Trump’s use of IEEPA to impose tariffs – as it did on 20 February 2026.
And last July, New Jersey-based fruit juice company Johanna Foods sued the US government to block tariffs on its Brazilian orange juice imports.
However, reports suggest the government will put in place a system that can process refunds “within 45 days”, rendering any legal action unnecessary.
According to US Customs and Border Protection official Brandon Lord, around 330,000 importers have together paid an estimated US$166bn in tariffs on more than 53mn shipments.
