Supreme Court Tariffs Decision, Fresh Trade Turmoil for Markets | Bloomberg Daybreak: Asia Edition
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Welcome to the Daybreak Asia podcast.
I'm Doug Krer. President Trump has moved
quickly to impose new tariffs after the
Supreme Court struck down the legal
basis for his tariffs under emergency
powers. He's put in place global tariffs
under section 122 of the Trade Act of
1974.
So the rate is 15% but these tariffs are
limited to 150 days. Kind of underscores
just how central tariff policy is to the
president's agenda. For a closer look,
I'm joined by Carol Schlife. Carol is
the chief market strategist at Beimo
Private Wealth. Carol joins us from Los
Angeles. Thank you for being here. I
think we can agree that the decision by
the Supreme Court wasn't surprising, but
I'm wondering about the level of
uncertainty now. Do you have a sense of
that?
A piece of it depends on the size of
business. The small and medium-sized
businesses are scratching their head
trying to figure out what to do because
first we had 10% then we had 15%.
It's only good for 150 days and actually
it expires the day that Congress goes on
recess. On the one hand, you know, these
small and medium-sized businesses would
benefit greatly from being able to get
some refund, especially if the
administration would would turn around
and say, "Okay, we'll pay some refund."
Because that gives them the opportunity
then to turn around and pass some of
that refund back to clients in terms of
either holding prices steady or not
increasing them because they're at the
point where they might have to increase
them. I think bottom line it does
increase the the uncertainty in the
short run here. I think initially
most businesses were pretty
relieved is probably the wrong word but
um gratified if you will that the
Supreme Court did come down and say look
countrywide tariffs are are not doable.
But it does make the administration go
search out other particular industries
and and such in terms of it does have
alternative methods and and we know
we've said all along as everybody has
said all along that President Trump
really likes tariffs and he's been on
that theme for decades and so we're
going to have some level of tariffs that
goes on but it it really is tougher for
businesses. I was hopeful that they'd
get a little more clarity.
But all of that said, it's really still
important to remember that, you know,
maximum uncertainty was probably April
2nd last year. And yet companies did
okay anyway. They actually did better
than okay when you look at GDP and where
earnings came in and and broadly that
way. But yeah, it would be nice for
business if they had some level of of
certainty.
You've even got countries pushing back
now in terms of India stepping back and
saying that they're going to reassess
things before
um before coming to do trade negoti to
finish up the trade negotiations. So,
we'll see.
>> Yeah, the same is true for Europe. uh
the EU's top trade chief basically
saying that he will propose freezing the
ratification of the trade deal with the
US until the Trump administration kind
of offers some clarity. One of the
things that I'm wondering about though
because if you look at what the court
had to say in its decision,
>> the power of Congress really uh is at
issue here and obviously if a tariff is
a tax then that is the purview of
Congress. Now, we know we have the State
of the Union coming up Tuesday, and I'm
wondering whether you think that Trump
will use this as an opportunity to
pressure Congress into cottifying
something with respect to tariffs that
has more of a bite and maybe could be
more lasting.
>> I think he'll try. I'm not certain I
would put it as very successful,
especially because you've already had,
you know, you've you've had Congress
start to push back on some of that with
um the House making the commentary
around the Canadian tariffs and things
like that. And because I think a lot of
the Congress folks are hearing from
their constituents that they don't like
tariffs. They understand that tariffs in
the long run are attacks on individuals
even if the suppliers pay have paid part
of it because they've worked some of
these deals through by and large no
matter who you look at. You know, there
have been not just the New York Fed's
analysis last week, but there have been
multiple other analysis that show the
the bulk of who pays it is the consumer
andor the the American the US business.
And those folks are speaking to their
Congress people saying, "Don't you dare
codify anything that that gives the
president power to to tax more." So, I I
think he can try and I and I'm sure he
will, but um I'm not sure it'll go very
far with in Congress.
>> Maybe we can talk a little bit about
earnings. We've got uh some key results
due this week. Nvidia right at the top
of the list. Obviously, you've been
tracking a lot of the the narrative
around AI disruption in markets,
particularly in certain sectors like
wealth management, software obviously a
big one. Where are you right now in
looking at a company like Nvidia and
what it may say about where we are in
this AI cycle right now?
>> Well, I think a couple things on AI and
we've been saying this for many quarters
that you know sooner or later the the
spend was going to need to taper because
I mean a lot of people forget
semiconductors are a cyclical industry.
I mean, people are acting like they're
not like they're long-term. But for
decades, semiconductors have been a
cyclical industry. So sooner or later,
that's going to taper. On the other
hand, I actually I started the week at a
women in manufacturing conference in
Florida and I went to the same
conference a year ago at in the same
timing and I was really struck at how
far along many of these manufacturing
companies are in deploying AI, robotics,
lots of other things. It's not just AI,
it's also autonomous vehicles in the
factories. It's uh robotics in the
factories and they're very far along in
deploying that. And so I think that
helps a lot of different use cases and
things so that it's not just about the
AI data center build. It's not just
about Nvidia's earnings. It's about
broader use and the fact that we've got
stronger productivity that predates a
lot of this but is really starting to
accelerate and there's a chance that you
continue to see even more of that. Now
that said, we don't think it's going to
do away. It it's not like regulated
industries like wealth management or
insurance or real estate or anything
else can just ditch all of the regulated
processes and start deploying chat GPT
by the end of the week because it's not
like we can upload client information
into into those things. There's a lot of
stuff that has to happen. And so I think
AI as an amplifier and not a job
replacer is is a key thematic that comes
too. These companies are looking for
employees who will roll up their
sleeves, figure out how to use AI to
make existing processes better. It
requires employees to think differently
and behave differently and maybe have a
different set of skill sets where
they're willing to lean into um a lot
more strategic thinking, a lot a lot of
client service sorts of things. There's
it I I I think AIP doesn't replace
employees. It amplifies what they do and
maybe changes the tenor of what they do.
You know what you just described there
has been happening in China for for
quite some time. Before I let you go,
Carol, I want to ask about opportunities
offshore. I know we started the
conversation with reference to this US
tariff policy, but I'm I'm wondering
whether you're seeing opportunities
offshore, particularly in the
Asia-Pacific.
>> Yeah, we are all around the globe
actually. And in terms of you did have
international bores that outperformed
the US markets last year. You had aqui
up for over 20% for I think the third
year running. And so there are a lot of
opportunities. And it's interesting
because if you look at like the World
Bank and IMF numbers, they will tell you
that global trade actually increased
last year despite all of the the trade
um machinations going on with tariffs
coming out of the US. And so I think
those opportunities continue
particularly because in Southeast Asia
you've got um you know Japan in the
recent elections and part of that was
predicated on increasing fiscal spend.
You've got China that's been rumored for
ages to be increasing domestic fiscal
policy to get their consumer markets
rolling again. You've got increased
defense spend all around the globe,
including um Japan at record levels post
World War II. You've got Germany. So
there there's a lot of infrastructure
and spend in general. There's a lot of
trade that's rearranging itself and
that's all constructive because it means
business is happening. It's happening in
different places. It's more difficult
for investors to keep track of, but it's
a great environment for active managers
and non US or global managers and long
short hedge funds. It it's you got to do
the work, but it's a great environment
for it.
>> Okay, Carol, we'll leave it there. Thank
you so very much. Carol Schlife is the
chief market strategist at Beimo Private
Wealth on the Road and joining us from
Los Angeles today here on the Daybreak
Asia podcast.
Welcome back to the Daybreak Asia
podcast. I'm Doug Krer. So, as you know,
the Trump administration is keeping US
tariffs in place even after the Supreme
Court struck down the legal basis for
those tariffs enacted under emergency
powers. So, global tariffs are now in
place. They have been put there under
section 122 of the trade act of 1974.
That rate is 15%. Here's the thing.
These tariffs are limited to 150 days.
Now, at the same time, the Trump
administration said that trade deals
made with China, the EU, Japan, and
South Korea will remain in place. Even
so, Europe's trade chief said he'll
propose freezing the ratification of a
trade deal until the Trump
administration clarifies its policy.
Meanwhile, in India, officials cited
similar reasons for postponing talks in
the US this week on finalizing an
interim trade agreement. So, where does
this leave China? Well, that's where we
begin our conversation with Shan Stein.
Shawn is president at the US China
Business Council and he spoke with
Bloomberg TV host Averil Hong and
Sheron. I think the most important thing
is that for China, this is really a bit
of a win. And that's because under the
rubric that the president has set to
replace his AIPA tariffs, it's
potentially a 10% or a 15% global search
charge. So overall, what that means is
it means that um once those go into
effect, then the overall tariff rate for
most Chinese goods is lower than it was
uh before. And so unlike with the EU
where it creates a lot of uncertainty,
in the case of China, it means that uh
the the the terms are now much more
favorable to China than they were just
before. And remember, if you think about
the magnitude of this, um you know, if
the sir charge is 10% uh compared to
where it was before, um that's you know,
potentially a hundred billion dollars on
a bill hundred million for every billion
dollars of trade uh that's affected. So
the the cost reduction is really
substantially lower. So it's a it's a
win for China.
>> Will they see it as a win given that
also it causes a lot of uncertainty? I
mean just trying to decipher whether
this is a 10% tariff or a 15% tariff.
How does this compare with fentinil
tariffs most favored nations and other
countries as well?
>> Okay, that's a great question. So unlike
most countries, the tariff situation on
China before the Supreme Court ruling
was really pretty complex. They had the
baseline MFN rate which was a few
percent. They had the 301 section 301
tariff rates from Trump 1.0 and from the
Biden administration which were about
25%. Then on top of that they had 10% uh
fentinil tariffs and now 10% tariffs for
reciprocal tariffs. So the part that's
in play because of the Supreme Court's
ruling are just those last two, the
fentinel tariffs and the reciprocal
tariffs. So those today have fallen to
zero, but when they go into effect with
the new search charge under section 122,
uh whether it's 10% or 15%, that's still
going to be a substantial reduction from
where they were before. So the MFN rate
won't change, the 301 rates won't
change, but the other tariffs will be
lower once those go into effect under
either scenario, 10% or 15%. So yeah,
China will see that as a win.
>> And to your point, I suppose it's also
the idea that the Supreme Court striking
down these tariffs also means there's
less leverage for the US president. I
mean, what does that mean for the
contours of the gathering between the
two leaders late March into early April?
>> That is such an important question. I
I'm glad you asked that. And so leverage
in a negotiation only really matters if
one side has got more leverage than the
other side. If both sides have leverage,
the effect is much more ambiguous or it
tends to cancel the other side out. So
where we've been is that you may
remember that after liberation day last
year when the US raised tariffs
unilaterally on China, China responded
tariff for tariff. They went toe-to-toe
with the United States and that's how we
got into this escalatory spiral of you
know of tripledigit tariffs which didn't
serve either country's interest and then
you may remember that you know despite
the posturing the US blinked first and
asked China to go meet them in Geneva so
they could reduce those so ever since
Geneva tariffs have really lost most of
their edge as leverage for the United
States and so if you look at that as the
first truce in the you know US China
trade trade war of 2025 or of Trump 2.0
tariffs then that was a front on that
war that was fought to a standstill and
then the trade war moved to other areas
things like export controls and
sanctions and this is a case where also
both sides have demonstrated they've got
potentially significant leverage over
the other and they've largely fought to
uh to a standstill. uh most notably, you
know, China has has played the rare
earths card which not only hurt industry
in the United States but also uh around
the world. And so this is a case where
the US absolutely has leverage but the
Chinese have counter leverage. So what
that sets us up for is a meeting in
Beijing uh in maybe less than 40 days
where the two presidents are not going
to be able to use that leverage. And
that means ideally this will be a
situation where both sides have to focus
on what would be a win for both
countries. And uh as you've you know
implied previously what would be the
biggest win for both countries is to
bring some predictability to the
business and investment climate so
companies know how to invest and they
know how to plan. Where we've been for
the last year has been the constant
instability and unpredictability has
meant that investment decisions have
gone unmade. It's meant the US has lost
manufacturing jobs every month since
liberation day. So, this potentially
will bring a chance to bring um some
much needed stability uh into this uh
into this relationship. That'll be the
biggest outcome.
>> The Trump administration has not
necessarily even said who he's taking
from the business community to China.
So, how well is the administration
preparing for that state visit into
Beijing? And what would your members
like to see being achieved in order to
uh bring some more uh certainty to the
relationship?
>> Yeah, this has been shocking. I was just
in Beijing uh before the holiday and in
meeting after meeting after meeting,
what bled into all of those uh from
Chinese officials was uh a mix of
somewhere between being irritated and
being apoplelectic at the US not
preparing for this visit. Normally when
you've got a presidential visit,
planning starts months in advance. Uh by
now the two sides should be having
regular calls. They should have
exchanged lists of deliverables. They
should have planned out the actual
physical mechanics of the visit. But
none of that has happened. And so um it
just shows that on the US side, the US
side hasn't done its homework yet to
decide what it wants out of this trip.
And the longer they wait, the harder it
then becomes to deliver real
deliverables that could help US
competitiveness for the US economy. Uh
but you also hit at one other thing that
I think is really important and that is
if we look at the president's other
trips, he's always taken CEOs with him
because business is what's on his mind
and and that's what he's been focused
on. That's especially true with China.
But even now, as of Friday, they haven't
decided if they want CEOs to go on this
trip, much less started to extend
invitations. So for a trip that's less
than 40 days away, we don't have a
single CEO that knows if he or she is
going to be invited. Uh but that just
is, I think, sort of emblematic of of
the administration not having really
done its homework on this visit yet. If
I can add just one more thing that I
think is really important to frame this
visit and that is you know China is a
country that takes protocol
extraordinarily seriously um much more
than most countries that uh that I've
dealt with around the world and I think
uh in this case it's important because
the Chinese recognize three levels of
state level visit or of leader level
visits and so you've got working level
visits where a state leader will come
and and have official meetings. They
have official visits where you have
which are much larger with more
protocol. Um this is for example like
Kier Starmer's visit from the UK just a
few weeks ago that was an official visit
but Trump's visit both sides have
announced it's a state visit and that
takes everything up to 11. it takes
everything up much higher on the
protocol front. And so, you know, as
part of that, there's the state dinner
in the great hall of the people that
could involve hundreds of people.
>> And if President Trump shows up with a
delegation of five, then that just
doesn't work out protocol-wise. And you
can understand why.
>> Sean, you rais a good point about how
the state level meeting is going to also
perhaps raise the stakes. I mean could
you talk a bit more also about the
extent in which there will be clarity
for businesses as they have to adjust in
the meantime their investment their
hiring decisions as well
>> yeah so that's what everyone's hoping
for right what does the US want out of
the trip the US wants um some access to
markets it wants to sell aviation it
wants to sell airplanes it wants to sell
agriculture and maybe some other things
and What American business is pressing
the administration to do is what it
hasn't yet done, and that's to talk
about the long-standing market access
issues, the long-standing non-tariff
barriers that discriminate against
American products, American exports, and
American business in China. And so
that's what American business is looking
for. Um and then what American business
is looking for and what the Chinese are
looking for again is a stable and
predictable um business climate so
companies can plan. So if we're talking
about what the level of tariffs will be
coming into the United States, you know,
the administration wants to emphasize
manufacturing in the US. But remember
what does the US import from China? It
imports final goods like say television
sets, but it also imports a huge number
of intermediate goods, things that go
into American manufacturing and power
American factories.
>> Until we know in the long term what
that's going to cost, how do you build a
new factory and how do you price that
in? So until we get stability,
>> jobs will continue to hemorrhage from
the United States because it's just
impossible to invest. That was Sean
Stein, president at the US China
Business Council, speaking with
Bloomberg TV host Sheron and Averil
Hong, bringing you their conversation
here on the Daybreak Asia podcast.
Thanks for listening to today's episode
of the Bloomberg Daybreak Asia Edition
podcast. Each weekday, we look at the
stories shaping markets, finance, and
geopolitics in the Asia-Pacific. You can
find us on Apple, Spotify, the Bloomberg
Podcast YouTube channel, or anywhere
else you listen. Join us again tomorrow
for insight on the market moves from
Hong Kong to Singapore and Australia.
I'm Doug Krer, and this is Bloomberg.
Ask follow-up questions or revisit key timestamps.
President Trump has quickly imposed new 15% global tariffs, limited to 150 days, under Section 122 of the Trade Act of 1974, after the Supreme Court struck down the legal basis for his emergency powers tariffs. This has created increased short-term uncertainty for businesses, particularly small and medium-sized ones, who previously found some relief when countrywide tariffs were deemed undoable. Internationally, countries like India and the EU are delaying trade negotiations seeking clarity. While Trump may attempt to pressure Congress to codify tariffs, congressional members are likely to resist due to constituent feedback that tariffs act as a tax on consumers and US businesses. The discussion also highlights the rapid deployment of AI, robotics, and autonomous vehicles in manufacturing, viewing AI as an amplifier for employee roles rather than a job replacer. Despite trade machinations, global trade increased last year, presenting significant offshore opportunities, particularly in Southeast Asia, Japan, and China, driven by increased fiscal and defense spending. For China, the new global tariffs are considered a "win" as they result in an overall lower tariff rate compared to the previous complex structure. Concerns are raised about the US administration's lack of preparation for an upcoming state visit to Beijing, which could hinder efforts to bring much-needed predictability and stability to the US-China business and investment climate, as tariffs have lost their former leverage in negotiations.
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