Research On China's Countermeasure To The US 301 Investigation

The 2017 US 301 investigation refers to the trump administration's investigation of China under ‘section 301'.The United States has accused the Chinese government of violating the interests of American companies and imposing burdens or restrictions of American business through its laws and policies.Different from the previous US 301 investigations,the 2017 US investigation on China took place in the context of ‘anti-globalization'.As a part of the ‘anti-globalization' of the United States,the 301 investigation has shifted its approach to trade disputes from relying on multilateral mechanisms to unilateral sanctions,which violates multilateral rules and directly threatens the multilateral legal system of the WTO.Under the background of ‘anti-globalization',the 301 investigation launched by the United States is more aggressive than ever.It is of great significance for China's economic development,the improvement of laws and policies and relaxation of international relations to study the 301 investigation launched by the United States in 2017 and analyze feasible countermeasures.China's countermeasure study on the 301 investigation of the United States starts from the legal basis of the 301 investigation of the United States,‘Section 301',and the operation mechanism of the 301 investigation.On this basis,by comparing the 301 investigation of the United States with other trade protection measures and analyzing its difference,it can be seen that the 301 investigation has significant characteristics of wide scope,low threshold and strong lethality.Secondly,the thesis analyzes and demonstrates in detail the 301 investigation launched by the US government in 2017 on China's technology transfer system,relevant laws on import technology licensing and transfer,investment policies towards the US and China's theft of US intellectual property and trade secrets.Based on their own findings,the US has imposed tariffs and investment restrictions on China without any evidence.It has seriously affected China's economy,laws and policies and disrupted international relations and the international order.Finally,based on the illegality of the US government and their impact on China,the following targeted countermeasures are proposed from the perspectives of enterprises and the government.From the perspective of the government,the Chinese government can respond to the 301 investigation from these five aspects: using consultation procedures,implementing necessary countermeasures,strengthening the construction of industry associations,applying the WTO dispute settlement mechanism and supporting the remolding of international economic and trade rules,among which the consultation and negotiation is the first choice,and supporting the remolding of international economic and trade rules is the fundamental choice.From the perspective of the enterprises,Chinese enterprise should not only rely on the government,but also have their own relief channels,enterprises can respond to the 301 investigation from three aspects: making full use of product exclusion procedures,filling transnational lawsuits against the US government,and responding to the ‘One Belt And One Road' to expand the diversified market.In the 301 investigation,the United States adopted sanctions against China for the first time,as the ultimate victim of the 301 investigation of the United States,the countermeasures taken by Chinese enterprises have an important guiding role for other enterprises to cope with the possible 301 investigation.