Chinese automaker BYD has filed a lawsuit against the U.S. government, challenging the legality of tariffs imposed under former President Donald Trump and seeking a refund of levies it says it has paid since April last year, according to court documents.
The case, lodged on Jan. 26 at the U.S. Court of International Trade in New York, marks the first legal challenge by a Chinese carmaker to the Trump administration’s use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs. Thousands of other global companies with U.S. operations have filed similar suits contesting the same authority.
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In its filing, four BYD U.S. subsidiaries argue that the IEEPA does not authorize the imposition of tariffs, noting that the statute does not explicitly reference tariffs or equivalent border taxes. BYD said it pursued an independent complaint to preserve its ability to seek refunds for duties already paid.
The lawsuit comes as the U.S. Supreme Court is expected to rule in a separate case on the broader legality of the tariffs. U.S. Trade Representative Jamieson Greer said last week the court was proceeding cautiously given the scale and implications of the dispute.
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BYD does not sell passenger cars in the United States, but it has a commercial footprint that includes electric buses, trucks, batteries, energy storage systems and solar products. Its subsidiary BYD North America employs about 750 workers at its electric truck plant in Lancaster, California, according to the company’s website.
Trump has repeatedly argued that Chinese vehicles pose a threat to the U.S. auto industry, though he has also said he would welcome Chinese automakers that choose to manufacture vehicles in the United States.
The case is filed as No. 26-00847 at the U.S. Court of International Trade.