BYD Challenges Legality of Trump-Era IEEPA Tariffs in United States Court

Edited by: Svetlana Velgush

BYD Co., the prominent Chinese electric vehicle manufacturer and global industry leader, has launched a significant legal challenge against the United States government regarding the validity of recently imposed import tariffs. The collective lawsuit was initiated by several of the company's American subsidiaries, including BYD America LLC, BYD Coach & Bus LLC, BYD Energy LLC, and BYD Motors LLC. Filed with the U.S. Court of International Trade (CIT) on January 26, 2026, the plaintiffs are seeking to invalidate the executive orders that authorized these levies, contending that the collection of such duties is fundamentally unlawful. This specific case has been consolidated alongside more than 2,000 similar legal actions brought forward by various corporate entities facing similar trade barriers.

At the center of this legal confrontation is a challenge to the President's authority to implement tariffs under the International Emergency Economic Powers Act (IEEPA). BYD’s legal team argues that the statutory language of the IEEPA does not explicitly include the term "tariff" or any synonymous terminology, which they believe restricts the head of state from unilaterally establishing such trade obstacles. This litigation, which was officially registered on February 2, 2026, represents the first direct judicial move by the Chinese automaker against Washington's tariff framework. The lawsuit aims to secure a permanent injunction against these measures and demands a full reimbursement of paid duties, supplemented by accrued interest.

Currently, proceedings at the Court of International Trade have been suspended as the judiciary awaits a definitive ruling from the U.S. Supreme Court on a related matter. The Supreme Court held its hearings on November 5, 2025, to address the scope of presidential power in this domain. While lower courts had previously ruled against the use of the IEEPA by President Trump to enact global tariffs, those decisions were stayed pending the final word from the nation's highest court. The core of the dispute rests on whether the President possesses the mandate to impose what the plaintiffs describe as a tax rather than a legitimate tool for trade regulation.

Although BYD does not currently sell passenger vehicles in the American market due to existing trade hurdles, the company maintains a robust industrial footprint within the United States. This includes a major manufacturing facility in Lancaster, California, which focuses on truck production and employs approximately 750 people, in addition to its operations in electric bus manufacturing and energy storage systems. A victory in court could result in significant financial recovery for BYD and potentially lower barriers for goods produced at its other international sites, such as Brazil. On a larger scale, a Supreme Court ruling against the tariffs could force the government to issue refunds for roughly 19.2 million import shipments that remained unliquidated as of December 10, 2025.

This judicial challenge coincides with other major shifts in trade policy, such as the early February 2026 agreement between the U.S. and India. That deal involves a reduction in retaliatory duties from 50% to 18%, with lower rates maintained until November 10, 2026, for specific Chinese goods. For BYD, this legal maneuver highlights a determined effort to resolve the persistent political and economic uncertainty that has complicated its long-term investment strategies across North America.

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Sources

  • Free Malaysia Today

  • Mexico Business News

  • Car News China

  • Davis Wright Tremaine LLP

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