Zespri sues US to claw back millions in unlawful IEEPA tariffs

Zespri has sued in the United States to recover millions of dollars in tariffs it paid under President Donald Trump’s unlawful IEEPA regime. The kiwifruit marketer paid about NZ$40 million in US duties by November 2025 as importer of record, Farmers Weekly reported.[[1]](https://www.farmersweekly.co.nz/markets/us-tariff-relief-well-timed-for-zespri/)

About 90% of that season’s US sales faced tariffs that began at 10% in April 2025 and rose to 15% from August 2025. Chief executive Jason Te Brake said growers absorbed part of the hit that could not be passed through retail prices.[[1]](https://www.farmersweekly.co.nz/markets/us-tariff-relief-well-timed-for-zespri/)

“We have been able to recover some of that through price increases through the course of the year but not all of it,” Te Brake told Farmers Weekly in November 2025. “Some of it has been worn by our growers back in NZ.”

The suit sits among thousands of claims after the US Supreme Court ruled on 20 February 2026 that the International Emergency Economic Powers Act does not authorise tariffs. Chief Justice John Roberts wrote the 6–3 majority opinion in Learning Resources, Inc. v. Trump, consolidated with V.O.S. Selections matters.[[2]](https://www.congress.gov/crs-product/LSB11398)

Tax Foundation estimated more than US$160 billion of IEEPA tariffs had been collected by the decision date. US Customs and Border Protection told the Court of International Trade in early August 2026 it had already refunded about US$100 billion — roughly 60% of total collections estimated around US$165–170 billion.[[3]](https://taxfoundation.org/blog/supreme-court-trump-tariffs-ruling/)

CBP opened its CAPE bulk refund portal in late April 2026. Tens of thousands of claims followed. More than 2,000 individual suits were on the CIT docket by March 2026, versus a few hundred cases in a normal year.[[4]](https://www.cnbc.com/2026/08/05/trump-tariffs-refunds-ieepa-lawsuit.html)

Zespri’s structure matters for cash recovery. As importer of record into the United States, it paid duties directly and can claim refunds itself. Chapman Tripp’s March 2026 guidance stressed that CBP pays only the importer of record. Exporters that sell through independent US distributors must rely on contract terms.[[5]](https://chapmantripp.com/trends-insights/us-court-tariff-refund-order-implications-for-nz-exporters/)

EY New Zealand modelled in May 2026 that NZ exporters could be eligible for up to NZ$1 billion in IEEPA refunds for duties paid between April 2025 and February 2026. Partner Paul Smith said only about 60–70% was likely to flow back onshore where exporters lack importer-of-record control.[[6]](https://www.ey.com/en_nz/newsroom/2026/05/nz-exporters-up-to-1b-tariff-refunds-us-ruling)

Farmers Weekly estimated up to NZ$300 million of Liberation Day tariffs were collected on NZ meat exports to the US between April and November 2025 alone. Peer litigants already include toy maker Zuru. Large meat co-ops route many claims through US vehicles such as Greenstone Meats.

Zespri kept investing in the US despite the duty burden. It expected roughly NZ$400 million US revenue for the 2025 season after multi-year brand work at Costco, Walmart and Whole Foods. The US was its sixth-largest market and about 7% of export revenue in the prior season.[[1]](https://www.farmersweekly.co.nz/markets/us-tariff-relief-well-timed-for-zespri/)

In results released on 20 May 2026, Zespri reported global operating revenue of NZ$6.13 billion and global fruit sales of NZ$5.9 billion from 248.1 million trays. New Zealand-grown fruit and service payments totalled NZ$3.56 billion. Net profit after tax was NZ$280.1 million, up from NZ$155.2 million a year earlier.[[7]](https://www.zespri.com/en-NZ/publications/newsroomdetail/2025-26-financial-results)

Excluding licence revenue, underlying profit was a record NZ$123.8 million. Expected total dividends were NZ$1.39 per share. Te Brake said pressure in some markets was offset by strong performance in Europe and North America.

“While we experienced pressure in certain markets, this was offset by our strong performance in key regions such as Europe and North America,” Te Brake said in Zespri’s 20 May 2026 media statement.

Refunds, if secured, would flow first to Zespri’s US entity and then via grower payments and dividends into Bay of Plenty, Northland, East Coast, Nelson and Waikato orchard cashflow. Because growers already absorbed part of the 10–15% duty, recovery is partly compensatory.

The macro setting has shifted again. From 24 July 2026 the United States imposed additional Section 301 “forced labour” tariffs. New Zealand faces a 12.5% add-on plus MFN on most goods, MFAT confirmed. Economies with forced-labour import bans or reciprocal-trade commitments generally received a 10% tier.[[8]](https://www.mfat.govt.nz/en/trade/mfat-market-reports/us-confirms-section-301-forced-labour-tariffs-on-99-of-us-imports-new-zealand-subject-to-12-5-additional-duty)

Prime Minister Christopher Luxon called the outcome “extremely disappointing to see new US tariffs on New Zealand and 59 other countries.” Trade Minister Todd McClay said the US process “was not rigorous” and “just not credible that imports created with forced labour play any measurable role in New Zealand’s economy.”[[9]](https://www.1news.co.nz/2026/07/24/us-hits-new-zealand-with-higher-125-tariff/)

Critically for Zespri, MFAT’s July 2026 market report states that kiwifruit and beef remain exempt from the new Section 301 add-on, along with other lines previously carved out of Section 122. Additional exclusions cover roughly NZ$100 million of NZ exports.[[8]](https://www.mfat.govt.nz/en/trade/mfat-market-reports/us-confirms-section-301-forced-labour-tariffs-on-99-of-us-imports-new-zealand-subject-to-12-5-additional-duty)

That exemption leaves Zespri’s forward US landed-cost structure cleaner than for many peers still paying 12.5% plus MFN. Section 232 metal-related tariffs remain in force; EY estimated those had cost NZ businesses about NZ$172 million by early 2026.[[6]](https://www.ey.com/en_nz/newsroom/2026/05/nz-exporters-up-to-1b-tariff-refunds-us-ruling)

Amazon received about US$600 million in IEEPA refunds in one quarter, CNBC and BBC reporting showed. Domestic US politics still presses firms to share savings with consumers. Residual review balances and missing banking details mean refunds are neither automatic nor a return to free trade.[[4]](https://www.cnbc.com/2026/08/05/trump-tariffs-refunds-ieepa-lawsuit.html)

For New Zealand primary exporters, the Zespri case is both a cash-recovery test and a template. Organised agribusiness that holds importer-of-record status can extract value from US administrative and judicial remedies while Washington rebuilds tariff walls under alternative statutes. Growers will watch how quickly multi-million-dollar recoveries reach orchard accounts over the next 6–24 months.