Take it or Leave It: Trade deal-making under Trump
STEPHEN MORAN
26 JUNE 2025
The US is building a new trade model featuring high tariffs, managed trade and less predictable policy settings. But Washington can’t wreck rules-based trade by itself; it will need willing participants. President Trump’s trade “deals” — which are being negotiated under the threat of punitive tariffs — demand countries favour US business interests over their own trade obligations or domestic regulatory considerations.
Trump’s bilateral “deals” are, in many respects, unfair. They are being negotiated under duress. The US is offering concessions only on its newly threatened tariffs. And the deals overlay legally binding trade agreements, passed by acts of Congress, that are being ignored. This lack of durability makes the deals unstable and potentially reversible by either party. So, US trading partners will have added incentive to reinforce their trade relationships with each other.
Whether as part of negotiations or in a government-to-government letter, countries are facing take-it-or-leave-it offers. The removal of the threat of US tariffs is the big attraction. But governments must also weigh up reputational cost. A country that accepts managed trade with the US would lack conviction in advocating rules-based trade elsewhere.
Looming deadlines
The next phase of US tariff policy will coincide with the 8 July (10 August for China) expiration of Trump’s 90-day pause in the implementation of his punitive “liberation day” tariffs. US trading partners will be divided into three camps:
(1) those that reach a trade “deal” with the US;
(2) those hit with US reciprocal and sector-specific tariffs (where applicable) because they won’t accept US market access demands; and
(3) those allowed further time to conclude negotiations.
Eight of Australia’s top ten export markets feature in the US list of its ten biggest bilateral trade deficits, so face high reciprocal tariffs from 9 July: China (34 per cent reciprocal tariff), Japan (24 per cent), South Korea (25 per cent), India (26 per cent), EU (26 per cent), Taiwan (32 per cent), Vietnam (46 per cent), and Thailand (36 per cent). Those eight countries account for 60 per cent of Australia’s total two-way trade.
No off ramps
US domestic effects of Trump’s tariff policies have so far been negligible. The highest tariffs have either been suspended (as with the reciprocal tariffs) or haven’t yet come into force (as with most of the sector-specific tariffs). Tariff hikes that have been fully implemented, such as on autos, haven’t yet fed into prices, partly because exporters built up their inventories in the US in anticipation of higher tariffs.
Facing no visible adverse consequences, Trump recently doubled the tariff on steel and aluminium to 50 per cent, and threatened to make a similar move on autos in order to encourage more investment in domestic production.
The inflationary impact of tariffs for the US economy has only been postponed. Steel and aluminium tariffs will feed into thousands of products for which they are inputs. And the Trump administration is extending the product coverage of those tariffs. In mid-May the Commerce Department announced that tariffs on steel and aluminium would be expanded to cover home appliances including dishwashers, dryers and washing machines.
The only laws that matter
US legal challenges are throwing sand in the gears of Trump’s trade agenda, but they won’t force him to change course. In late May the Court of International Trade (a Federal US court) found that Trump exceeded his authority under the International Emergency Economic Powers Act (IEEPA) by using it to impose tariffs and ruled them unlawful. Separately, a Federal District Court found that the president cannot impose tariffs under IEEPA.
Those court rulings were both stayed subject to appeal, but IEEPA is not the only statute which the president can use to apply punitive tariffs. Trump has already used specific trade laws which are just as effective in penalising and pressuring trade partners, although they are more process-bound (for example, requiring consultations with affected domestic parties).
Under Section 301 of the Trade Act 1974 the US Trade Representative can investigate foreign trade barriers and recommend compensatory tariffs. S.301 was the basis of Trump’s first-term tariffs on China and his so-called Phase One trade deal with China.
And under Section 232 of the Trade Expansion Act 1962 the Commerce Department can investigate whether imports of certain goods threaten national security and recommend industry protection. S.232 was the basis of US tariffs and quotas on imports of steel and aluminium in Trump’s first term.
S.232 investigations launched since 10 March cover copper, timber and lumber, semiconductors, pharmaceuticals, heavy trucks, processed critical minerals, and commercial aircraft and jet engines. Those investigations will likely recommend new tariffs or other industry protection.
So even if the courts strike down the reciprocal tariffs the growing patchwork of S.232 tariffs could become a de facto global tariff.
Some deals are bigger than others
Washington argues that the trading system allows countries to discriminate against the US and that its actions are aimed at making the system fair. But early signs from US bilateral negotiations indicate its notion of a fair system is one that discriminates in favour of US interests.
Negotiations have been underway with about 15 trade partners - generally those with which the US has its biggest merchandise trade deficits. Washington will send letters to dozens of other countries by the end of June outlining the terms of trade deals, which they can either embrace or reject.
Australia is likely to be one of those countries facing a “take-it-or-leave-it” letter. If Trump decided to restore tariff-free access for US FTA partners, we could see the shape of a deal he could claim as a victory: one that gives the US preferential access to Australia’s proposed strategic reserve for critical minerals. But should America-first thinking prevail, Washington would only offer Australia relief from S.232 tariffs (currently applying to steel, aluminium and auto parts) in exchange for Australia moving on US regulatory demands, including on services issues such as Australia’s screen content requirements on streaming platforms.
Such a “deal” would be like the first US deal, with the UK, with Australia forced to accept a 10 per cent tariff plus managed trade for goods covered by S.232 tariffs. A 10 per cent duty isn’t as bad as it may sound because it is likely to apply to all our competitors. (We would lose the FTA’s marginal preferential tariff benefit for those goods with US applied MFN tariffs above zero.) And Australian exporters would be attracted to tariff quotas or “voluntary” export restrictions because they guarantee a certain volume of exports at artificially high prices.
The US-UK deal, signed on 16 June 2025 is just a framework for an eventual deal. Among the scant specifics, the UK agreed to reduce barriers to US beef and other food products. The UK will provide preferential market access to US ethanol, showing both parties’ disregard for the MFN principle. The “big win” for the UK was securing an import quota of 100,000 automobiles under a tariff of 10 per cent (down from 27.5 per cent). The autos, beef and ethanol commitments take effect this month.
From Washington’s perspective, the UK arrangement provided impetus for its negotiations with others. The tariff quota for autos will likely be the preferred US model for industries subject to S.232 investigations.
Trump mints his own negotiating coin. He wants to retain the 10 per cent tariff as the baseline for all trading partners, not least because he wants a significant increase in tariff revenues. And he won’t negotiate cuts to any US trade barriers that preceded his tariffs. Agreements containing real trade liberalisation would need time-consuming congressional approval.
When the EU proposed tariff reductions by both sides Trump threatened to double his 20 per cent reciprocal tariff on the EU and apply it almost immediately. That had the desired effect. Brussels now appears likely to accept a tariff deal like the UK’s: a 10 per cent base tariff combined with lower tariff rate quotas on sensitive exports such as steel and cars.
In addition, the US and EU appear to be close to agreement on several non-tariff issues, under which the EU would:
· Consult with the US on the EU’s Digital Markets Act — a competition law under which Apple and Meta have already been fined;
· Coordinate with the US on the design and implementation of the EU’s carbon border adjustment mechanism, under which tariffs would apply to carbon-intensive imports from countries with weak climate policies;
· Exempt US energy exports to Europe from EU methane rules; and
· Coordinate on defence procurement and critical minerals.
The Commission wants to retain a credible threat of retaliation to secure a better deal from the US, but there is no consensus among the member states. Brussels retaliated against US steel and aluminium tariffs in Trump’s first term. But Trump’s readiness in his second term to counter-retaliate with extreme tariffs has spooked member states. An early Commission proposal for tariff retaliation was watered down after France, Italy and other alcohol-producing nations complained that targeting US whiskey and wine risked retaliatory US tariffs of up to 200 per cent.
China syndrome
US gripes with Beijing can’t be settled by its 10 August negotiating deadline. The issues go to the heart of China’s state economy model and the factors that make it such an efficient exporter of manufactured goods. US tariffs won’t change that system: that was demonstrated in China’s tit-for-tat responses to Trump’s tariff hikes. So, the most likely outcome of the bilateral negotiations is a variation of the Phase One agreement of Trump’s first term, featuring Chinese purchasing targets.
Even if Washington removed the 34 per cent reciprocal tariff on China, its tariffs would be high enough to severely constrain Chinese exports to the US without strangling them entirely. The base level of tariffs facing Chinese exports is the MFN rate agreed when China joined the WTO (which Washington is reviewing), plus anti-dumping and countervailing duties on a range of goods, plus S.301 tariffs still applying from Trump’s first term, plus the 10 per cent base tariff applying to all countries, plus the 20 per cent fentanyl penalty, plus any S.232 product-specific tariffs.
The US is using the threat of reciprocal tariffs not just to prise open markets, but also as leverage to pressure countries to limit their dealings with China. Washington wants its trading partners to prevent China from trans-shipping goods (and thereby circumventing US tariffs) and to block Chinese investment in manufacturing aimed at export to the US.
Dodgy durability
Trump’s “deals” are concluded under presidential authority (the UK agreement was signed under Executive Order), which — as Trump has repeatedly demonstrated —can be overturned with a presidential signature. This raises questions about whether Trump’s successor will enforce the deals, demand more, or chart a different course.
Even before the end of Trump’s term some US trade partners might abandon their bilateral deals. Governments will face domestic political scrutiny over the the way deals were negotiated and their lack of balance. The commercial elements also lack stability. Governments can make purchasing promises, but market conditions change. And if the UK deal is a guide, US import quotas won’t grow over time — undermining their commercial value.
The very nature of Trump’s deals will encourage US trading partners to reinforce their trade relationships with each other. There are already signs of renewed interest in bilateral FTAs. And the Comprehensive and Progressive Partnership for Trans-Pacific Partnership (CPTPP) has a lengthy list of economies seeking accession.
Concerns are likely to be kept under wraps amidst the triumphalism and relief of the bilateral “deals” that are announced in coming weeks. Even so, any deal that the US forces on a trading partner is inherently unstable and potentially reversible. And that is not a sound basis for predictable trade and investment decision-making.
Stephen Moran is an independent trade analyst. He was Senior Trade Analyst in the Office of National Assessments from 2010- to 2021. Before that, he held various trade policy roles in the Department of Foreign Affairs and Trade and the former Department of Trade.