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Malaysia Tells U.S. 'Deal's Off' After Supreme Court Tariff Ruling

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Malaysia has become the first country to formally declare a U.S. trade agreement invalid following a Supreme Court ruling that struck down tariffs imposed under a national emergency law.

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Here's a trade deal development you don't see every day: one country formally telling another that their agreement is no longer valid. Not suspended, not under review—just gone. That's what Malaysia has done with its trade deal with the United States, becoming the first country to pull this particular trigger after a U.S. Supreme Court ruling changed the legal landscape.

The whole thing started back in February when the Supreme Court ruled that tariffs imposed by former President Donald Trump (DJT) under the International Emergency Economic Powers Act (IEEPA) were illegal. Fast forward to now, and Malaysia's Investment, Trade, and Industry Minister, Datuk Seri Johari Abdul Ghani, is telling reporters that the U.S.-Malaysia Agreement on Reciprocal Trade (ART) has been rendered ineffective.

"It is not on hold. It is no longer there, it's null and void," Johari said, according to reports. He added that if tariffs were being justified based on a trade surplus, authorities should clearly specify the industry involved rather than imposing blanket tariffs.

This isn't happening in a vacuum. Just last week, the Trump administration launched a sweeping trade investigation targeting 16 partners, including Malaysia. The investigation uses Section 301(b) of the Trade Act of 1974, which is basically the U.S. government's legal tool for imposing tariffs on imported goods from nations it finds to be engaging in unfair trade practices.

Johari identified key Malaysian export sectors that could be affected by this new review: electrical and electronics, oil and gas, plantation commodities like palm oil, gloves, and other rubber-based products. His advice to Malaysian exporters? Make sure they comply with labor and environmental standards to avoid potential disruptions.

Back in Malaysia, the political opposition is taking notice. The Perikatan Nasional party has called for a special parliamentary sitting to discuss the nullified trade agreement. Secretary-general Takiyuddin Hassan warned that the move could affect Malaysia's export sectors and supply chains.

So what exactly is Malaysia walking away from? The ART was signed between Trump and Malaysia's Prime Minister Anwar Ibrahim on October 26, 2023, on the sidelines of the 47th Asean Summit in Kuala Lumpur. The deal offered improved access for Malaysian exporters and made U.S. products more affordable for Malaysian businesses and consumers. It covered about 12% of Malaysia's exports to the U.S., with the U.S. maintaining a 19% reciprocal tariff on Malaysian imports, except for certain identified products.

There's an interesting wrinkle here: Trump had previously threatened to retaliate with "much higher" tariffs against any nation that attempts to use the Supreme Court ruling to dismantle existing trade agreements. Malaysia appears to be testing that threat.

The White House did not immediately respond to requests for comment on Malaysia's declaration.

Malaysia Tells U.S. 'Deal's Off' After Supreme Court Tariff Ruling

MarketDash
waving colorful flag of united states of america and national flag of malaysia. macro
Malaysia has become the first country to formally declare a U.S. trade agreement invalid following a Supreme Court ruling that struck down tariffs imposed under a national emergency law.

Get Market Alerts

Weekly insights + SMS alerts

Here's a trade deal development you don't see every day: one country formally telling another that their agreement is no longer valid. Not suspended, not under review—just gone. That's what Malaysia has done with its trade deal with the United States, becoming the first country to pull this particular trigger after a U.S. Supreme Court ruling changed the legal landscape.

The whole thing started back in February when the Supreme Court ruled that tariffs imposed by former President Donald Trump (DJT) under the International Emergency Economic Powers Act (IEEPA) were illegal. Fast forward to now, and Malaysia's Investment, Trade, and Industry Minister, Datuk Seri Johari Abdul Ghani, is telling reporters that the U.S.-Malaysia Agreement on Reciprocal Trade (ART) has been rendered ineffective.

"It is not on hold. It is no longer there, it's null and void," Johari said, according to reports. He added that if tariffs were being justified based on a trade surplus, authorities should clearly specify the industry involved rather than imposing blanket tariffs.

This isn't happening in a vacuum. Just last week, the Trump administration launched a sweeping trade investigation targeting 16 partners, including Malaysia. The investigation uses Section 301(b) of the Trade Act of 1974, which is basically the U.S. government's legal tool for imposing tariffs on imported goods from nations it finds to be engaging in unfair trade practices.

Johari identified key Malaysian export sectors that could be affected by this new review: electrical and electronics, oil and gas, plantation commodities like palm oil, gloves, and other rubber-based products. His advice to Malaysian exporters? Make sure they comply with labor and environmental standards to avoid potential disruptions.

Back in Malaysia, the political opposition is taking notice. The Perikatan Nasional party has called for a special parliamentary sitting to discuss the nullified trade agreement. Secretary-general Takiyuddin Hassan warned that the move could affect Malaysia's export sectors and supply chains.

So what exactly is Malaysia walking away from? The ART was signed between Trump and Malaysia's Prime Minister Anwar Ibrahim on October 26, 2023, on the sidelines of the 47th Asean Summit in Kuala Lumpur. The deal offered improved access for Malaysian exporters and made U.S. products more affordable for Malaysian businesses and consumers. It covered about 12% of Malaysia's exports to the U.S., with the U.S. maintaining a 19% reciprocal tariff on Malaysian imports, except for certain identified products.

There's an interesting wrinkle here: Trump had previously threatened to retaliate with "much higher" tariffs against any nation that attempts to use the Supreme Court ruling to dismantle existing trade agreements. Malaysia appears to be testing that threat.

The White House did not immediately respond to requests for comment on Malaysia's declaration.