Section 301

Malaysia Nullifies US Trade Deal After Supreme Court Tariff Ruling

Following the U.S. Supreme Court’s ruling deeming President Trump’s tariffs illegal, Malaysia has declared its trade deal with the United States invalid. This action comes as Malaysia’s Trade Minister expressed concerns that new U.S. trade reviews under Section 301 could negatively impact key Malaysian export sectors, including electronics, oil and gas, and palm oil. The minister stressed the importance of Malaysian exporters adhering to labor and environmental standards to prevent trade disruptions, even as the U.S. has previously threatened retaliation against nations seeking to nullify trade agreements based on the ruling.

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Trade Experts: Trump’s New Tariffs Illegal Due to Non-Existent Balance-of-Payments Deficit

Following the Supreme Court’s rejection of his global tariffs, President Trump enacted new levies under Section 122 of the 1974 Trade Act. However, trade experts contend that this legal basis is also invalid, as the statute requires a “large and serious” balance-of-payments deficit, a condition the U.S. does not currently meet due to its flexible exchange rate and capital account surplus. This move is seen as a temporary measure while the administration initiates investigations under Section 301 and potentially considers tariffs under Section 232, creating continued trade uncertainty.

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