| Section 232 tariffs is a trade governance measure taken by Trump Administration under Section 232 of the Trade Expansion Act of 1962(19 U.S.C.§1862,as amended)for the purpose of protecting national security.In April 2017,Trump took office and instructed the Commerce Department to initiate investigation on the national security threat posed by steel and aluminum imports.The Department immediately initiated Section 232 investigation on steel and aluminum and sought public comments.In January 2018,the Department issued its report.On March 2018,President Trump issued two proclamations,imposing a twenty-five percent tariff on steel products and a ten percent tariff on aluminum products,taking effect on March 23,2018.Many US trading partners responded quickly to the imposition of the Section 232 tariffs by imposing retaliation tariffs.In addition to these retaliatory tariffs,nine governments requested communication at the WTO,which is the first step in WTO litigation.The complaining governments represent a wide range of WTO Membership,including China,the European Union,India,Mexico,and Canada.The dispute parties have greatly argued whether section 232 tariffs is a kind of safeguard measures and whether the Panel lacks jurisdiction to review the United States’ invocation of Article XXI of GATT 1994.Based on the status of the domestic steel industry and economic and political environment in the United States,this dissertation is firstly focused on the essential difference between section 232 tariffs and safeguard measures by putting them into the whole trade legal system of the United States,and reach the conclusion that section 232 tariffs is not safeguard measures.On this basis,the following part mainly discuss that section 232 tariffs fails to meet the requirements under Article XXI of GATT 1994 by taking the Panel Report of Russia – Measure Concerning Traffic in Transit for reference,which provides the first WTO Panel interpretation of this provision.Firstly,the WTO dispute settlement body(DSU)has jurisdiction to review the United States’ invocation of Article XXI of GATT 1994,then section 232 tariffs is objectively found to fail to meet the requirements of this provision.: the claiming purpose of protection national security of section 232 tariffs does not fall into the scope of security interest of Article XXI which refers to traditional national security;and there is no such connection close and genuine relationship of ends and means between section 232 tariffs and the objective of the United States adopting this measure.Therefore,section 232 tariffs is not in conformity with WTO rules. |
