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)
