Peloton is joining a host of other companies suing the US government over tariffs made as part of the trade war with China.
First reported by PeloBuddy, Peloton is asking to be refunded the $4 million it paid in tariffs that it did not pass along to consumers.
Peloton has standing to sue because it is “adversely affected or aggrieved by agency action within the meaning of” the APA. 5 U.S.C. § 702; see 28 U.S.C. § 2631(i) (“Any civil action of which the Court of International Trade has jurisdiction . . . may be commenced in the court by any person adversely affected or aggrieved by agency action within the meaning of Section 702 of title 5.”). Tariffs imposed by Defendants pursuant to List 3 and List 4 adversely affected and aggrieved Peloton because to date it was required to pay an amount not less than $3,985,420.22 of these unlawful duties.1 Further, Peloton has absorbed the cost of these unlawful duties to limit the impact on customers and to remain competitively positioned in the market, without increasing its prices to U.S. consumers.
Peloton argues while the first 2 rounds of tariffs instituted by the US government were legally justified, the two following rounds of tariffs were not, and this is the money they are asking to be refunded.