"specific Product Transitional Safeguard Measures" Legal Research

Since the financial crisis, the U.S. economy hit consumer confidence falls, in the tire sector, more and more ordinary Americans turned to cheap Chinese products, the increasing proportion of the Chinese tire market in the United States. It is against this background, the U.S. government’s policy of trade protectionism on the rise. Thus, in2009, the Obama administration announced the implementation of additional tariffs on tires from China. This issue for consultations and negotiations fail, the United States to implement the protection measures taken to the WTO, the expert group judgment losing. This market disruption, the grounds of the safeguards imposed on China, is the transitional product-specific safeguard measures, In WTO law is based on China’s WTO Accession Protocol16, as well as China’s accession to the report of the working group "240-250paragraph421of the domestic laws of the United States," U.S. Trade Act of1974, the United States Governmentimplementation of one of the important basis of the special safeguard measures.In this paper, by analyzing the basis for the implementation of special safeguard measures in the United States government, as well as the characteristics of the special safeguard measures and the implementation of conditions, and finally for this incident, our government can take measures and the problems faced by parsing to achieve through this case,we learn more about the specific purpose of the rule in the WTO legal framework, the most important thing is to strive to avoid in practice, this case illustrates, once again damaged China’s foreign trade interests.This thesis is divided into three parts:Part Ⅰ:Overview of Sino-US tire special protective case and the legal documents involved. Mainly described the specific case of China and the United States the tires safeguard, as well as the cases involved legal documents. Which focuses on analysis of the U.S. Trade Act of1974. The rest is mainly introduced China’s Protocol of16.Part Ⅱ:the tires safeguard the special safeguard measures analysis, the introduction of the introduction of the "safeguards" for ease of understanding, a better way of contrast analysis of the special safeguard measures, special at. The main part of the analysis of the characteristics and conditions for implementation of the special safeguard measures.Part Ⅲ:analysis of the two measures can be taken by our government in this case, First, the suspension of concessions, the second is the implementation of the "double reverse" investigation; and may face two problems, one significant trade diversion "problem,of other products, special safeguard measures may be implemented.For the main legal issues involved in this case through the various parts of the analysis, interpretation, and the same time, the solution for similar problems that may later appear to give some suggestions. The author believes that the special safeguard measures in the stage of negotiation, and even the appeal stage should also be assured in the interpretation of the relevant legal provisions, the WTO dispute settlement within the legal framework, argue, and strive to solve the problem in the bud. Once Final Appeal judgment, our government should take full advantage of the WTO legal rules, a positive response, and strive to minimize the loss of trade.