On The Impact Of US "Section 301" On Sino-US Trade And China's Response

In 1930,the United States was experiencing an economic crisis.In order to resurrect the economy,the United States enacted the "Taxation Law of 1930," which became the starting point of modern American trade law.In 1934,the US Congress passed the Reciprocal Trade Agreement Act(also known as the 1934 Reciprocal Trade Agreement Act),which gave the President the power to conclude trade agreements with foreign governments or their representatives,thereby shifting US trade law to multilateral openness.The Trade Expansion Act of 1962 stipulates that the president can reduce the tax rate by 50% on the basis of reciprocity to promote negotiations.At the same time,the United States also began to propose the obligation of reciprocity to open up.The “Article 301” was first introduced in the Trade Expansion Act of 1962 and was subsequently amended by the Trade Reform Act of 1974,mainly to retaliate provisions for unfair measures taken by counterparties.Throughout history,the development of "Article 301" has also confirmed the change of US trade policy to a certain extent.From the beginning,it advocated that it should bear the obligation of market opening alone,and then obtain a broader world market.Later,it requires trading partners to "fairly" undertake.Reciprocal open obligation to promote and maintain global free trade,and now the United States has developed a trade policy that is contrary to the purposes of the World Trade Organization in order to maintain its dominant position in the world market.This change in trade policy is particularly evident in the content and historical evolution of Section 301.Therefore,the first part of this article will mainly explain the background and historical evolution of the "Article 301",what are the three "301 clauses",and whether the "US 301 clause" is legal in combination with the "European Community v.US 301 case" and its complete contradiction with the WTO dispute settlement mechanism;the second part of the author tries to find a new insight into the "US 301 clause" from the perspective of the WTO dispute settlement mechanism.The author discusses the WTO dispute from two aspects: contradiction and compatibility.Under the settlement mechanism,the operation of “US Section 301”;the third part is to review the six “301 investigations” initiated by the United States against China,and then analyze why the United States frequently applies “301 sticks” to China.Four aspects were analyzed,namely,politics,economy,regulations and policies,as well as the psychological factors of the United States.They tried to analyze the US “301 Survey” from multiple angles to explore its laws and explained the “301 Survey” for Sino-US trade.influences.Finally,from the perspective of China itself,the author discusses China's attitude towards the "301 investigation" and put forward some suggestions on how to use the World Trade Organization platform to actively respond to the "301 investigation" in the current new era..With the deepening of global economic integration and the deepening of Sino-US trade cooperation,the author believes that studying the current 301 clause of the US Trade Law is of great practical significance in light of the current trend of China's economic development and global economic integration.