FedEx class action claims company unlawfully charged import duties

FedEx class action lawsuit overview:

• Who: Plaintiff Matthew Reiser filed a class action lawsuit against Federal Express Corporation and FedEx Logistics Inc.
• Why: Reiser claims FedEx unlawfully charged import duties on duty-free products.
• Where: The class action lawsuit was filed in Florida federal court.

A new class action lawsuit alleges FedEx unlawfully charged import duties on duty-free products.

Plaintiff Matthew Reiser claims FedEx unlawfully collected import duties and fees on products that should have been duty-free under the Harmonized Tariff Schedule of the United States (HTSUS).

Reiser argues FedEx charged import duties on goods classified under HTSUS subheadings with a Column 1-General duty rate of “Free” during the period when tariffs were imposed under the International Emergency Economic Powers Act (IEEPA).

Further, Reiser claims the Supreme Court recently declared these tariffs unlawful, making the duties FedEx collected void.

“FedEx collected from consumers both unlawful IEEPA duties and ancillary fees for customs processing that was necessitated solely by those void tariffs,” the FedEx class action lawsuit says. 

Reiser wants to represent a nationwide class of consumers who paid import charges to FedEx on goods classified under HTSUS subheadings with a Column 1-General duty rate of “Free” during the period the IEEPA tariffs were in effect.

FedEx collected unlawful duties and ancillary fees, class action says

FedEx acted as a customs broker and importer of record for consumer shipments, paying the IEEPA duties to U.S. Customs and Border Protection on behalf of consumers and then billing them directly to recoup the amounts paid, the FedEx class action lawsuit alleges.

Reiser argues FedEx also charged ancillary brokerage and clearance fees for processing customs entries that would not have been required for duty-free products. 

FedEx, meanwhile, has filed its own lawsuit seeking a refund of the IEEPA duties it paid to the United States, but has not committed to returning any refunds it receives to the consumers who originally paid the duties, the FedEx class action lawsuit alleges. 

Reiser claims FedEx is guilty of unjust enrichment. He demands a jury trial and requests declaratory and injunctive relief along with an award of restitution and/or damages for himself and all class members. 

In another case involving tariffs, Ford Motor Co. agreed to a $365 million settlement with the U.S. Department of Justice in March 2024 to resolve claims the automaker violated the Tariff Act of 1930 by putting sham back seats in cargo vans to make them appear to be passenger vehicles to avoid a 25% duty rate. 

Did you pay FedEx import charges on goods classified as duty-free under HTSUS during the IEEPA tariff period? Let us know in the comments.

The plaintiff is represented by John A. Yanchunis and Patrick Barthle of Morgan & Morgan Complex Litigation Group and Clay M. Townsend of Morgan & Morgan P.A.

The FedEx class action lawsuit is Reiser v. Federal Express Corporation, et al., Case No. 1:26-cv-21328, in the U.S. District Court for the Southern District of Florida.

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