Analysis On Transitional Product-specific Safeguard Mechanism

Transitional Product-specific Safeguard Mechanism (TPSSM) is a kind of discriminatory safeguard, which can be used directly against products from certain origin in some special cases. In the negotiations of China's accession to the WTO, some members considered China's violent augment of export products a great harm to their domestic industries, so they asked China to accept the mechanism. This was ultimately reflected in Section 16 of " Protocol on the Accession of the People's Republic of China". We should deepen the study on the related issues in order to maximize the protection of the legitimate interests of our country and create better circumstances for our foreign trade. By means of historical analysis, comparative analysis, case analysis and other methods, the dissertation makes a more comprehensive study on TPSSM.Except the preface and conclusion, the dissertation includes four parts.The first part analyzes the concept and the substance of TPSSM. After explaining the concept of TPSSM, it draws eight characteristics of TPSSM by comparison with the general safeguard measures, and then analyzes the substance of TPSSM that it is a violation of the MFN principle, a departure from the requirements of general safeguard measures, and a deviation from the objective of free trade of WTO.The second part explains Section 16 of the Protocol. Firstly it analyzesthe process and the reasons of China's acceptance of Section 16, pointing out that China made the decision by comprehensive consideration of international and domestic factors;then it makes a detailed analysis on the specific regulations of Section 16.The third part analyzes the legislations of TPSSM in the U.S. and the EU. It introduces the main contents of the legislation of TPSSM in U.S. from both substantive and procedural aspects, and points out three main features. Then it similarly explains the main contents of it in EU mainly from procedural aspect and ensures three main features of it.The fourth part discusses countermeasures of TPSSM for China. Specific countermeasures that the dissertation proposes include: speeding up the domestic legislation on TPSSM from substantive and procedural aspects;establishing an early warning mechanism of export under tripartite collaboration of the government, the industry associations and the enterprises;being more familiar with relevant WTO rules, actively involving in the investigation and the consultation and using WTO Dispute Settlement Mechanism;integrated use of political, economic and other means through multiple channels and multiple levels of consultations and negotiations.