A Study On "232 Investigation" Of The United States And Our Countermeasures

After many years,the United States launched the "232 investigation" again in 2017,and announced the tariffs on imported steel and aluminum on March 8,2018,claiming that it was for the sake of national security.A number of WTO members,including China and the European Union,agreed that the investigation by the United States is a safeguard measure,which implements trade protection in the name of safeguarding national security.China and a number of WTO members have filed lawsuits against the dispute settlement agencies.As is known to all,"232 investigation",as a domestic law of the United States,does not have the property and ability to regulate and adjust international trade in accordance with international law.Undoubtedly,it is another bad practice for the United States to apply laws within and outside the region.At the level of international law,it is of great significance to determine the nature of "232 investigation",which is related to the legitimacy of China's countermeasures.The research focus of this paper is to demonstrate that"232 investigation" is not a legitimate security exception but a safeguard measure,and to point out the non-compliance of this investigation in the WTO rule system.For the first time in 1962,the Trade Expansion Act has made the comprehensive under the terms of national security,due to its broad content and with the world trade organization rules there is a conflict,so in the decades after the terms set,the U.S.government for the terms and conditions apply to transactions,and the history of such provisions shall apply to practice,from the United States is only in the "Oil Crisis" during the terms really play its role to maintain national security,and more by the terms be used to protect domestic industry in the United States,because "232 investigation" as the industry association or a business.And the real national security should not be in the hands of these people,and should not have these people to reflect the national security has been threatened.The "232 investigation" launched by the United States in 2017 also seems to have some political purpose.The tariff exemptions for several members are actually aimed directly at China,which has excess steel capacity.As far as the "232 investigation" is concerned,there is a dispute between China and the United States over the nature of the survey.On the one hand,the United States considers this investigation to be a security exception in article 21 of GATT,while China considers this investigation to be a safeguard measure.From the security exceptions to the setting of the practice and international law,security exceptions apply with aspects of the scope of the restrictions,the United States"232 investigation"to protect national security and security exception clause to protect the national basic security interests has the difference on the connotation and extension,and therefore the survey do not have access to legitimate security exceptions.From the survey report of "232 investigation" in the United States,it can be seen that many contents are similar to the provisions of safeguard measures,and the effect of this survey is actually consistent with that of safeguard measures.Therefore,we believe that "232 investigation" is a practical safeguard measures.Some domestic scholars believe that the "232 investigation" is the beginning of a trade war between China and the United States.As the first battle,how to deal with it is crucial.From the national level,first of all should take the corresponding countermeasures according to the "safeguard measures",change passive to active,secondly should seek solutions under the rules of the WTO dispute settlement system,therefore.Sue to the WTO is our inevitable choice,and finally,we should fully consider the prosecution techniques appropriate to the dispute of adverse factors.From the enterprise level joint transnational litigation is also an option.Currently in our country economy has been rapid development phase,and other countries have trade disputes are inevitable,in order to fundamentally solve the trade dispute should also focus on their own,looking for economic structural defects in self development,and actively seek to economic and trade talks more gentle way to resolve trade disputes,and other good external environment for the economic development of our country.