ARTICLE
13 November 2025

Shifts In U.S. Trade In Asia: Key Agreements From President Trump's October 2025 Asia Trip – Part I: Southeast Asia

SM
Sheppard Mullin Richter & Hampton

Contributor

Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
Capping off a highly eventful week in Asia, President Donald J. Trump has further reshaped the landscape of U.S. trade with the Asia-Pacific region through a series of new agreements.
United States International Law
Jonathan Wang’s articles from Sheppard Mullin Richter & Hampton are most popular:
  • with Senior Company Executives, HR and Finance and Tax Executives
  • with readers working within the Automotive, Basic Industries and Business & Consumer Services industries

Capping off a highly eventful week in Asia, President Donald J. Trump has further reshaped the landscape of U.S. trade with the Asia-Pacific region through a series of new agreements. This latest round of negotiations includes new reciprocal trade deals and market access commitments across Cambodia, Thailand, Malaysia, Vietnam, China, South Korea, and Japan. Some of these agreements build upon the foundation laid by Executive Order 14346 (Sept. 5, 2025). That order provided for zero percent tariffs on products listed in Annex III, once a qualifying trade deal was announced.1 With some agreements now in place, Annex III of the EO is being actively implemented.

Below, we highlight the key terms and commitments made under these new agreements for the Southeast Asian countries (Vietnam, Malaysia, Cambodia, and Thailand). We will return with Part II of this post to cover the East Asian countries (China, South Korea, and Japan).

We also include a summary table for quick reference.

Vietnam

The Framework for an Agreement on Reciprocal Trade between the United States and Vietnam represents another milestone in the expansion of bilateral trade relations over the past three decades. Vietnam has committed to removing tariffs on virtually all U.S. goods, including food and agriculture products. In return, the United States will maintain its current 20 percent reciprocal tariff rate on imports from Vietnam, while certain Vietnamese products listed in Annex III of Executive Order 14346 will be eligible for a zero percent reciprocal tariff rate once a final agreement is signed and entered into force.

Additionally, under the framework agreement, Vietnam has committed to removing various non-tariff barriers. Specifically, Vietnam will accept vehicles built to U.S. federal motor vehicle safety and emissions standards, allow importation of remanufactured goods from the United States, approve marketing authorizations for medical devices legally approved in the United States, and streamline regulatory approval of U.S. pharmaceutical products. Vietnam will also continue to increase market access for U.S. agricultural exports by accepting certificates issued by U.S. regulatory authorities, and commit to refrain from imposing customs duties on digital products and services.

The framework agreement also includes a mutual commitment to align on economic security issues such as supply chain resilience, duty evasion, and export controls. Additionally, Vietnam committed to strengthening its environmental protections and addressing the market-distorting effects of its state-owned enterprises. Finally, Vietnam has pledged to purchase $8 billion worth of aircraft from Boeing and $2.9 billion in U.S. agricultural commodities.

In the coming weeks, the United States and Vietnam will continue negotiations to reach a finalized trade agreement.

Malaysia

The Agreement on Reciprocal Trade between the United States and Malaysia seeks to expand bilateral economic relations, with the hope of achieving further mutual market access.

Malaysia has agreed to provide preferential access, with rates lower than its Most Favored Nation (MFN) duty rates, to various U.S. products as identified in Schedule 1 to Annex I of the agreement.2 Selected U.S. goods, including those within the chemicals, machinery and electrical equipment, metals, passenger vehicle, food, and agriculture sectors, will receive reduced or duty free treatment. Other U.S. products will remain subject to MFN rates.

The United States, on the other hand, will maintain its overall 19 percent reciprocal tariff rate on Malaysian goods, while eliminating duties on select goods identified in Schedule 2 to Annex I,3 once the agreement enters into force. The duty free treatment under Schedule 2 reflects the White House's prior commitment to provide duty exemptions on certain products to trade partners who have sufficiently aligned with the United States, as reflected in a finalized trade agreement.

Additional key provisions include the reduction of non-tariff barriers, including Malaysia's commitment to accept U.S. vehicles built to U.S. motor vehicle safety and emissions standard, streamline import requirements for U.S. steel products and Halal products, and accept certificates issued by U.S. regulatory authorities for food and agricultural products. Malaysia has also pledged increased enforcement with regards to environmental protections, counterfeiting and piracy, intellectual property, and forced labor. With regards to the trade in digital products and services, Malaysia agreed not to impose service taxes on U.S. service providers, and to support the United States position in favor of a permanent moratorium on customs duties on electronic transmissions at the World Trade Organization.

Significantly, the agreement includes a requirement for Malaysia to align its economic security policies with those of the United States. Under the terms of the agreement, if the United States imposes a customs duty, quota, prohibition, fee, charge, or other import restriction on a good or service of a third country for economic or national security reasons, upon notification, Malaysia will be required to adopt an equally restrictive measure within a timeline acceptable to both parties. Malaysia also agreed to address dumping by third party countries, to align with all unilateral export controls in force by the United States, and to enhance its processes for export control and inbound investment review. Notably, the agreement contains a clause permitting the United States to terminate the agreement if Malaysia enters into a trade agreement with a "country that jeopardizes essential U.S. interests" (e.g., China).

The agreement will enter into force 60 days after the parties certify they have completed all necessary legal procedures for implementation (or on any other date the parties agree to).

Cambodia

The Agreement on Reciprocal Trade between the United States and Cambodia represents a another step toward deepening economic ties and mutual market access. Cambodia has committed to zero percent tariffs on all U.S. industrial and food/agricultural goods as identified in Schedule 14 to Annex I.The United States will maintain its original reciprocal tariffs at a maximum of 19 percent, while allowing zero percent tariffs for specific Cambodian-origin products as identified in Schedule 2 to Annex I once the agreement enters into force. The agreement further prohibits Cambodia from imposing quotas on U.S. goods entering Cambodia unless mutually agreed upon.

Other key provisions include the reduction of non-tariff barriers, aiming for transparent and streamlined import licensing, recognition of U.S. standards and certificates for both industrial and agricultural products, and elimination of duplicative regulatory requirements. On digital trade, Cambodia has agreed to refrain from imposing discriminatory digital services taxes and to facilitate cross-border digital commerce—including unrestricted data transfer and cooperation on cybersecurity. A notable commercial commitment includes Cambodia's purchase of Boeing aircraft.

On the national security front, Cambodia has agreed to align its own export controls with those of the United States on a case-by-case basis upon U.S. request, taking steps to ensure that Cambodian companies do not act as intermediaries for third-country actors seeking to circumvent these controls—commonly referred to as "backfilling"—or otherwise undermine the efficacy of U.S. restrictions. Cambodia will also assist the United States in restricting transactions between Cambodian nationals and individuals/entities from third countries who are featured on key U.S. sanctions and restricted parties lists. These lists include the Department of Commerce's Bureau of Industry and Security Entity List, as well as the Department of the Treasury's Specially Designated Nationals (SDN) and Blocked Persons List, plus the Non-SDN Consolidated Sanctions List.

The agreement will enter into force immediately after each party notifies the other that it has completed all internal procedures necessary to implement the agreement.

Thailand

The Framework for an Agreement on Reciprocal Trade between the United States and Thailand represents a significant expansion of bilateral market access. Thailand will remove tariffs on approximately 99 percent of goods, including a broad array of U.S. industrial and agricultural exports. In return, the United States will maintain a 19% tariff rate on imports from Thailand, with certain products identified for zero percent tariffs per Annex III of Executive Order 14346 once a final agreement is signed and enters into force.

Beyond tariffs, the agreement commits Thailand to removing a wide array of non-tariff barriers. These include accepting U.S. manufactured vehicles manufactured to comply with U.S. federal motor vehicle safety and emissions standards and FDA certificates and prior marketing authorizations for medical devices and pharmaceuticals, and issuing import permits for U.S. ethanol for fuel. In agriculture, Thailand will expedite access for USDA-certified meat and poultry, among others.

Additional provisions focus on protections for labor and the environment, intellectual property enforcement, and fostering digital trade and investment.

The agreement also anticipates substantial commercial transactions between U.S. and Thai companies in agriculture, energy, and aviation, with billions of dollars in annual purchases and procurement of U.S.-manufactured aircraft. Over the coming weeks, both sides will negotiate and finalize the agreement, paving the way for signature and implementation of these forward-looking commitments.

The United States and Thailand also signed a Memorandum of Understanding designed to enhance cooperation and investment in the development of secure, diversified, and resilient global critical minerals supply chains.

Trade Agreements Table

Country Major Foreign Commitments Major U.S. Commitments Announcement
China – Suspend export controls on rare earth minerals for 1 year. See China Fact Sheet, Nov 1, 2025.
– Issue general licenses for exports of rare earths, gallium, germanium, antimony, and graphite. See China Fact Sheet, Nov 1, 2025. ("The general license means the de facto removal of controls China imposed in April 2025 and October 2022.").
– Remove all retaliatory tariffs, and non-tariff countermeasures, imposed on U.S. since March 4. See China Fact Sheet, Nov 1, 2025.
– Purchase 12 million metric tons of U.S. soybeans in Nov./Dec. 2025; purchase 25 MMT in each of 2026, 2027, and 2028. See China Fact Sheet, Nov 1, 2025.
– Take "significant measures" to stop flow of fentanyl. See China Fact Sheet, Nov 1, 2025.
– Reduce fentanyl related duties on Chinese imports from current 20% to 10%. See China Fact Sheet, Nov 1, 2025.
– Retain current 10% reciprocal tariff on Chinese imports through November 10, 2026, reflecting a continued suspension of previously announced 34% rate. See China Fact Sheet, Nov 1, 2025.
– Suspend implementation of BIS affiliates rulemaking until November 10, 2026. See China Fact Sheet., Nov 1, 2025.
– Suspend implementation of Section 301 duties on Chinese shipbuildinguntil November 10, 2026. See China Fact Sheet, Nov 1, 2025.
China Fact Sheet, Nov 1, 2025.
South Korea – Investments including commitments to purchase U.S. aircraft, LNG, AWS Cloud services; investment in U.S. shipbuilding industry. See South Korea Fact Sheet, Oct. 29, 2025. 25% tariff on South Korean autos and auto parts lowered to 15%. Reuters Article, Oct. 29, 2025.
– Reductions in tariffs for wood products, pharmaceuticals, aircraft parts, generic drugs. Reuters Article, Oct. 29, 2025.
South Korea Fact Sheet, Oct. 29, 2025 (only discusses investments).

Pending official announcement on tariffs; See Reuters (Oct. 29, 2025).
Japan – Investment commitments in U.S. energy infrastructure, AI infrastructure, electronics industry, U.S. ports, purchases of U.S. LNG, which were previously announcedin July, 2025. See Japan Fact Sheet, October 28, 2025. – Implementation of 15% baseline tariff rate previously announced in July, 2025. See Japan Fact Sheet, October 28, 2025. Japan Fact Sheet, October 28, 2025.

Implementation Statement, Oct. 27, 2025.
Vietnam – Provide preferential market access for "substantially all" U.S. industrial and agricultural exports. See USTR Vietnam Fact Sheet, Oct. 26, 2025.
– Commitment to lower/drop various non-tariff barriers. SeeUSTR Vietnam Fact Sheet, Oct. 26, 2025.
– Commitment to purchase U.S. aircraft and agricultural products. See Joint Statement on Framework Agreement, Oct. 26, 2025.
– Commitment to strengthen cooperation on supply chain security, transshipment, and export controls. See USTR Vietnam Fact Sheet, Oct. 26, 2025.
– Maintenance of current 20% tariff rate on Vietnam. See Joint Statement on Framework Agreement, Oct. 26, 2025.
– Identify products to receive 0% tariff treatment for aligned partners under Annex III. See Joint Statement on Framework Agreement, Oct. 26, 2025.
USTR Vietnam Fact Sheet, Oct. 26, 2025.

Joint Statement on Framework Agreement, Oct. 26, 2025.
Malaysia – Commitment to lower/drop various non-tariff barriers. See Agreement, Oct. 26, 2025.
– Preferential access for U.S. agriculture. See Agreement, Oct. 26, 2025.
– Commitment to align with U.S. policy on supply chain security, dumping, transshipment, and export control issues. See Agreement, Oct. 26, 2025.
– Implementation of revised tariff rates according to agreed upon schedule. See Agreement, Oct. 26, 2025.
– Implementation of revised tariff rates according to agreed upon schedule. See Agreement, Oct. 26, 2025.
– U.S. maintains overall 19% tariff rate, products under Schedule 2 to Annex I will receive 0% tariff treatment. See USTR Malaysia Fact Sheet, Oct. 26, 2025.
USTR Malaysia Fact Sheet, Oct. 26, 2025.

Agreement, Oct. 26, 2025.

Joint Statement, Oct. 26, 2025.
Cambodia – Implementation of revised tariff rates according to agreed upon schedule. See Agreement, Oct. 26, 2025.
– Commitment to eliminate tariffs on 100 percent of U.S products exported to Cambodia. See USTR Cambodia Fact Sheet, Oct. 26, 2025.
– Commitment to drop/lower various non-tariff barriers. See USTR Cambodia Fact Sheet, Oct. 26, 2025.
– Commitment to cooperate with U.S. policy on supply chain security, dumping, transshipment, and export control issues. See Agreement, Oct. 26, 2025.
– Implementation of revised tariff rates according to agreed upon schedule. See Agreement, Oct. 26, 2025.
– U.S. maintains overall 19% tariff rate, products under Schedule 2 to Annex I receive 0% tariff treatment. See USTR Cambodia Fact Sheet, Oct. 26, 2025.
USTR Cambodia Fact Sheet, Oct. 26, 2025.

Agreement, Oct. 26, 2025.

Joint Statement, Oct. 26, 2025.
Thailand – Commitment to eliminate tariffs on 99% of U.S. goods. See USTR Thailand Fact Sheet, Oct. 26. 2025.
– Commitment to drop/lower various non-tariff barriers. See Joint Statement on Framework Agreement, Oct. 26, 2025.
– Commitment to strengthen cooperation on supply chain security, dumping, transshipment, and export control issues. See Joint Statement on Framework Agreement, Oct. 26, 2025.
– U.S. maintains overall 19% tariff rate, products under Annex III receive 0% tariff treatment. See USTR Thailand Fact Sheet, Oct. 26. 2025. USTR Thailand Fact Sheet, Oct. 26. 2025.

Joint Statement on Framework Agreement, Oct. 26, 2025.


Footnotes

1. See Annex III "Potential Tariff Adjustments for Aligned Partners" starting on page 38. Annex III is an a-la-carte menu of reciprocal tariffs that the president may lift in the event of a trade deal or agreement with a country.

2. Malaysian customs duties on goods with staging codes beginning with an "E" will be eliminated either immediately or over time in annual installments. Duties on goods with staging codes beginning with an "R" will be reduced to a specified level (e.g., R5 = reduced to 5%). Goods under codes "A", "B", "C", "D", or "Z" will remain at dutiable at current rates. Finally, goods marked with staging code "TRQ" are governed by tariff-rate quotas as described in Appendix 1 to Schedule 1.

3. Schedule 2 is substantially similar to Annex III contained in E.O. 14346, with slight variances in HTSUS codes listed.

4. Cambodian customs duties on originating goods provided for in the items in staging category A shall remain zero and customs duties on originating goods provided for in the items in staging category EIF shall be eliminated entirely, and these goods shall be duty-free on the date of entry into force of the Agreement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More