US President Donald Trump’s 10% tariff announced on July 24 shouldn’t surprise anyone (“Malaysia faces 10% duty under US’s new Section 301 tariffs over forced labour import rules”, The Star; online at bit.ly/4bcWLQg). What should concern us is how exposed we still are to decisions made in Washington over one issue: forced labour enforcement.
The United States remains Malaysia’s second largest export destination, particularly for electronics and electrical goods. That concentration is precisely why a blanket tariff, even one framed around labour standards rather than trade balances, lands hard.
We are not a bystander in this relationship; we are a supplier whose factories, workers, and confidence in the rule of law form part of America’s own supply chain security calculus.
Can Malaysia retaliate? Legally, yes, through a World Trade Organisation (WTO) complaint, though that process is slow and the WTO’s dispute mechanism has been weakened for years by American obstruction of appellate body appointments. Practically, retaliatory tariffs against US goods would likely cost us more than they’d cost Washington, given the asymmetry in our respective economies.
Should we retaliate? No, the more defensible response is to fix the forced labour enforcement gap the US has flagged, whether or not we agree with how it was diagnosed. We make it airtight and expedite domestic legislation to ban forced-labour imports. The Investment, Trade and Industry Ministry’s progress on an import-screening framework directly addressing the USTR’s (US Trade Representative) primary justification provides the fastest path towards lifting the tariff.
Second, leverage our lower 10% tier positioning. Being placed in the lower tariff band alongside 16 other nations, rather than the steeper 12.5% rate, shows Washington acknowledges our commitments. We should use this diplomatic opening to negotiate clear benchmark timelines for full exemption.
Third, for the longer term, the lesson isn’t really about this one tariff. It’s about the folly of over-indexing any single trading partner, however important. We should diversify trade channels through regional frameworks like the CPTPP (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) and RCEP (Regional Comprehensive Economic Partnership), push harder into the Middle East and Africa, and finally make the Asean Economic Community mean something. These, and deeper ties with China and the European Union, and genuine investment in higher-value domestic industries are not abstract policy slogans, they are the only real insurance against being at the mercy of another country’s domestic political cycle.
Malaysia should engage, comply where compliance is warranted, and negotiate hard where the facts support us. Strong countries do not panic when challenged. They adapt, negotiate, and become more competitive. Malaysia should do exactly that, but we should also treat this as the wake-up call it is.
CHEW KOK LIANG
Petaling Jaya
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