Research On Legal Issues Of Sin-US Dispute On Special Safeguard Measures To Certain Tyres

In2009the United States takes special protectionist tariffs on the tire imports from China,it does not consistent with its international commitments, and does not conform theinternational rules of related documents which United States joined WTO. China deals withthe event by demanding WTO disagreement settlement mechanism, and it is a legitimate wayto preserve our sovereignty, and also against the prevail international trade protectionism andupholds justice.Based on the analysis of special protectionist tariffs, the paper discusses the legal issuesof the rapid growth of imports, material injury or threat of material injury, and the relationbetween the rapid growth of imports and material injury, and obtains the enlightenment forChina from the legal issues on the case of special safeguard Sino-US tire. The case of specialsafeguard Sino-US tire has a significant impact on the related industry and trade environment,and has a positive role for improving the strategies for special protectionist measures.The paper content including:Firstly, Case-review. The part firstly introduces the tire safeguard case simply. Thentracking the case of each link and process widely, finally expounds the impact of the case toour country related industry after the appeal institution making the final l award.Secondly, special security measures on the source. Before introducting this case, it needsto comprehensive understanding of the special protectionist tariffs. This section expound thespecial protectionist tariffs from three aspect, such as, the protection measures under the WTO,the evolution of the special protection measures, each national legislation on the specialprotection and so on.Thirdly, the legal dispute to the case of special safeguard Sino-US tire. Accepting specialsafeguard terms is one of the China’s entering into WTO commitment, When China’s exportproducts to the importer or direct competition produces the product of the same kind ofproducts by domestic industry market disruption, Or to the third party have a significant tradeof the transfer of the case, the import of the WTO member or a third party in the transitionalperiod of China’s export products have to implement the right safeguard measures. Generally,a market disruption to meet three elements, that is fast growth of imports, substantial injury orthreat of substantial injury to import the rapid growth and substantial injury causal relationship between there are important, This article will focus from the three maincomponents of the existing in the case of the controversial law for further analysis.Fourthly, the revelation of the special safeguard Sino-US tire legal issues. China willappeal to the WTO for the trade dispute. No matter how the final results, for the Chinese is avaluable experience, it is necessary to sum up experience and reflection afterwards. Thissection will analysis this case which is of the revelation to China from three aspects, such as,correctly evaluating the tires safeguard case, playing an important part of the government’smacro control ability and to perfect our special security measures related legal system.Fifthly, postscript. Since the author in level research factors limit, there are somelimitations in these writing process, it needs to further strengthen the tires in safeguard legalproblems in the research of the case.