Legal Consideration Of The CHINA-US Tire Special Safeguard Case

China and the United States the tires safeguard is the start of the WTO dispute settlement procedures to resolve the cases of the first against Chinese products, special safeguard measures. Case is also a special report investigating the case launched by the United States to China, the largest in the post-financial crisis period, all countries in the economic hit after a recovery period of systematic spending power decline, it is in this context of the Obama administration announced in2009the implementation of special safeguard measures on Chinese exports to the U.S. tire products, the specific approach to impose high tariffs. The two sides after negotiations fail, the WTO dispute settlement mechanism ruling This article is based on the special safeguard mechanism to analyze the Panel’s ruling.This thesis is divided into four parts:Part Ⅰ:the tires safeguard the merits Introduction, a brief review of the tires safeguard background. Also be produced according to the progress of the case of a complete, clear and simple time series, the last part of the sequence listed in the final core views on the case of the Appellate Body.Part Ⅱ:the tires safeguard the legal issues resolved, first introduced the safeguard measures and special safeguard measures, including its origin, nature, principle. And then "Chinese-style special protection," particularly as a parse. Again, the safeguards under the Agreement on Safeguards system with China’s WTO Accession Protocol, "Chinese-style special protection" for a more comprehensive comparison, and then clarify the relationship between the two and applicable, trying to clear the whole case of legal issues.The third part of the award of the Expert Group Analysis:China submitted to the WTO Dispute Settlement Body reports of complaints based on, interspersed with the rules of interpretation of WTO law, the decision of the expert group cases a focus of controversy again one by one assessment, and summary.Losing in the fourth part of the thinking and Countermeasures:on the part of the ruling of the Expert Group to analyze data from China’s own reason, and response to the "China safeguard" some countermeasures.