| The negotiation between China and the USA on China's accession to WTO is a complicated and difficult process. For the purpose of restraining china's development, the USA set a certain number of provisions which are unfavorable to China, and the special safeguard measures is one of such provisions. The USA's application of the special safeguard measures on china is under the concern that, china's accession to WTO would lead to a sharp growth of the exports from china, and shock the native market and industries of the USA, the main contents of the special safeguard measures is under the section 421-423 of the Trade Act of 1974. The USA is the initiator of the special safeguard measures, whose legislation is the most comprehensive and typical, as well as The USA has the largest number of investigation of special safeguard measures and the most important influence on China's exports. So, careful study the background and implementation condition and relevant legal issues about the USA's application of the special safeguard measures on china, which means great significance to both develop China-US bilateral economic and trade relations, and for the Chinese government and enterprises deal with challenges by special safeguard measures.For the purpose of protecting the USA's economic hegemony in the global market, USA continuously adjust foreign trade policy and make foreign trade policy be institutionalized in the form of law to consolidate and strengthen the USA's trade benefits and advantages of competition in the international economic and trade, and bilateral economic and trade relations. The USA's application of the special safeguard measures on china that is one of useful legal instruments to achieve USA's trade protectionism demand. In this paper, first, summarize USA foreign trade policy, and analyze economic motive and political motive of the USA's application of the special safeguard measures on china. Then, arrange the sequence of events of the special safeguard measures from a historical perspective, thus make a general lay out the background for the USA's application of the special safeguard measures on china.According to United States "Trade Act of 1974" section 421- 423 relevant provisions, The USA's application of the special safeguard measures on china make "market disruption" and "significant trade diversion" as a core. In this paper, then through comparative analyze the legislation of USA special safeguard measures, point out that USA special safeguard measures vague legislation, furthermore, the United States International Trade Commission in the specific implementation process often explains on behalf of the USA. This vague legislation and the United States International Trade Commission's random interpretation greatly lowers the implementation standards of special safeguard measures, and makes china's exporters in a disadvantageous position.After introduce the USA special safeguard measures background and analyze its legislation, to understand the conditions of special safeguard measures as well as the existence of the legal issues, then comment legislation of special safeguard measures. The special safeguard measures is not a simple economical question, but also a highly sensitive political problem. USA special safeguard measures is China and USA balance of its interest and political compromise results, which whether in the domestic law or in the international law both are legitimate. However, from the legislation contents of the U.S. special safeguard measures, we can see that the USA's application of the special safeguard measures on china means unjust and unreasonable. From applicable object perspective, the USA special safeguard measures is made specially for Chinese products, which violates the WTO principle of non-discrimination and means a powerful interpretation of USA trade protectionist policy, From applicable condition perspective, the general safeguard measures is adopted under normal trade conditions and should be rigorously controlled and restrained its implementation condition in order to maintain essential fair competition. Different with the general safeguard measures, the USA Special safeguard measures not only fail to strictly limit the conditions, but reduce the threshold to start. This is virtually reflection of China and USA unbalanced rights and obligations. Special safeguard measures is the substantial implementation of the U.S. trade protection effective legal instrument.Therefore, Chinese government and enterprises on how to deal with the challenges of special safeguard measures become to urgent resolved problem. This paper put forward some suggestions to deal with USA special safeguard measures in the last part. The USA's application of the special safeguard measures on china, which is one of manifestations of China-US economic and trade frictions. With the China-US economic and trade close contacted, their economic and trade relations are interdependence. In order to promote common development, achieve win-win and mutual benefit, the two countries should not launch rashly a trade protect war. In the process of special safeguard measures pleading, should play full government-led role, as well as play industry associations and enterprises coordinate interaction role; to set up corresponding special safeguard measures early warning mechanism in china, to monitor China's product exporting to the USA, once there is warning situation, our country export enterprise can adjust timely market strategy and control the export products quantities for taking precautions; At last, improve our country's safeguard measures legislation, be good at using domestic anti-dumping, safeguard measures and other legal weapons to limit USA and other counties abusing special safeguard measures. At the same time, Chinese government should make full use of consultations mechanism to seek China-US's differences road, and associate with industry associations and enterprise's strength for counterplead special safeguard measures, and try to resolve with the disputes of the USA special safeguard measures cases, and try to make USA use with caution or not use special safeguard measures. If consultation without agreement, Chinese government can resort to WTO dispute settlement mechanism to deal with special safeguard measures in order to safeguard china's interests.
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