A Supreme Court ruling didn't end the tariff era — it just moved the legal lever to Section 122, and Costco's membership-fee profit engine is built to absorb that shock while thinner-margin rivals have to pass it straight to shoppers.
The mechanism: After the Supreme Court struck down IEEPA as the legal basis for blanket tariffs in Learning Resources v. Trump, the administration didn't retreat — it pivoted. On February 20, 2026, the White House invoked Section 122 of the Trade Act of 1974 to impose a 10% tariff on nearly all imports, citing the balance-of-payments deficit, with the President signaling intent to push it to 15%. Section 122 tariffs are capped at 150 days before Congress must extend them, which means the import-cost shock is designed to be renewed, litigated, and renewed again — a permanent-feeling policy built on a temporary statute. That instability is exactly the environment where balance-sheet structure, not brand strength, decides who eats the cost.
Most retailers pass tariff costs to shoppers within a quarter because thin merchandise margins leave no cushion. Costco doesn't work that way. Membership fees — not markup — are the profit engine: in fiscal 2026's first 24 weeks, membership revenue of roughly $2.68 billion outright exceeded the $2.4 billion in operating income Costco earned on $134.2 billion of merchandise sales. Kirkland Signature, meanwhile, hit an estimated $90 billion in sales in 2025, and Costco's own CFO has cited 30-40% cost reductions in select categories through supplier consolidation and rerouted country-of-origin sourcing. That's a company that can eat a tariff shock at cost and still print membership-fee profit while rivals reprice shelves overnight.
Membership fees, not markup, are Costco's profit engine — which means it can eat a tariff shock at cost while rivals reprice the shelf overnight.
Who cashes in:
- COST — the direct thesis play: membership income is a fixed, subscription-like buffer against variable import costs, and vertically concentrated Kirkland sourcing gives Costco real-time control to reroute suppliers around tariff lines that rivals can't match.
- WMT — scale and logistics density give Walmart similar (though less complete) tariff absorption via private-label and supplier-cost negotiation, benefiting on relative footing versus smaller-format grocers.
- DG — as a trade-down beneficiary, Dollar General gains share when tariff-driven price hikes at mid-tier retailers push budget-conscious shoppers toward its private-label staples, even as it faces its own cost pass-through pressure.
Who is exposed:
- TGT — thinner merchandise margins and heavier reliance on discretionary, import-dependent categories (apparel, home goods) leave Target with less room to absorb a renewed Section 122 tariff without pricing action or margin compression.
- NKE — overwhelmingly offshore-manufactured footwear and apparel sit directly in the tariff blast radius, with limited near-term ability to reshore production at scale.
- LULU — similar offshore-sourcing exposure to Nike, but with less pricing power buffer given a narrower, more discretionary customer base.
The play: Watch whether Section 122 gets renewed past its 150-day window and whether Costco's next earnings call shows membership fee revenue growth outpacing merchandise margin compression — that gap is the tariff-hedge thesis in one line item.
What to watch: Costco's quarterly membership fee income line, Section 122 renewal/expiration timing, and any new Section 301 investigations that could reintroduce targeted (rather than blanket) tariff exposure by category.
Source: original report ↗
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