Study On The Response Of "Section 301" Of American Trade Law

U.S.trade law "301" reflects the unilateralism of the United States,is an important tool for its trade sanctions.The characteristics of this article are very obvious,first of all,the scope of application is very wide,for both developed and developing countries,and secondly,the clause has great power,the effect is very obvious,many countries are under pressure to compromise.After Trump came to power,he again used the clause to carry out the sixth "301 survey " on China.Against this background,this paper attempts to analyze the "301 clause " of U.S.trade law,and on the basis of this,how to deal with the "301 clause" of U.S.trade law make their own suggestions.The evolution of "Section 301" of U.S.trade law has its specific historical background.The main reason for the emergence of the Trade Expansion Act 1962 was that European integration and the recovery of the Japanese economy had adversely affected foreign trade in the United States,which,in order to maintain a good trading environment,authorized the President to exercise greater authority.The 1974 Trade Act extended the President's rights further against the backdrop of a trade deficit in the United States and protectionist tariff increases.The Tokyo Round resulted in a multilateral trade agreement,and a new dispute settlement procedure was used to implement the outcome of the negotiations,which resulted in the adoption of the Trade Agreement Act 9.As a result of the development of trade in services and direct foreign investment,the "Section 301" was amended in the light of industrial development and trade liberalization in the United States,resulting in the Trade and Tariff Act 1984.Since the Trade and Tariff Act 1984 had not had the desired effect,the Comprehensive Trade and Competition Act 1988 had been adopted,which had increased the importance of trade representatives and provided for more mandatory elements in trade retaliation.American trade law "301 clause " and WTO rules conflict is very obvious.This part is based on the "301 survey " launched by the United States to our country in 2017.First of all,in the case of the conflict between the "301 clause " of the United States trade law and the " WTO rule," the "301 clause " of the United States violates the " most-favoured-nation treatment " principle,on the grounds that the United States only imposes additional tariffs on products whose origin is China,and does not extend the measures of taxation to third countries.About the steel product and the aluminum product preferential treatment also did not extend to our country in time,no difference.Second,the U.S."301" violated the original tariff concessions Then,the reason is that the tax rate imposed by the United States on our products is obviously higher than the bound rate.The United States has problems with the process of setting tariffs,which would hurt the security and predictability of tariff concessions.Lastly,the United States "301 clause " violates the principle of " strengthening multilateral discipline " on the grounds that the United States did not refer trade disputes to the WTO dispute settlement mechanism,and the United States violated DSU article 23.The "301 investigation " of the United States against our country violates international law.This part is also the basis of the "301 survey " launched by the United States to our country in 2017.First,it deviates from the principle of national sovereignty.The U.S.launched the "301 survey " is a direct deviation from the equality of international status.The extraterritorial jurisdiction of United States domestic law was a flagrant violation of the sovereignty of the State under investigation.Secondly,it is inconsistent with the principle of non-interference in each other's internal affairs.The United States investigates the laws and policies of other countries only in accordance with its own domestic law,and determines by itself which actions impose burdens and restrictions on American business and force others make adjustments to realize their own interests.Finally,it is inconsistent with the principle of equality and mutual benefit.The repeated imposition of sanctions by the United States on our country by raising tariffs,the fact that the United States will only demand from other countries but will not give corresponding concessions,are contrary to the principle of equality and mutual benefit in international agreements or provisions.The adverse effects of the "301 clause " of the United States on our country,based on the "301 survey" launched by the United States in 2017,are introduced in detail.First of all,the economic harm is to affect China's economic transformation,high-end technology development.affect China's exports,the United States imposes tariffs on Chinese products,the price of Chinese products in the United States will inevitably rise,affecting the investment of enterprises in the United States.Second,the harm to China's image,vilification of China's image,the United States launched a "301 survey " of China has attracted widespread global attention,so that the image of China has been greatly damaged.Finally,the harm to the healthy development of Sino-US relations,China and the United States China's economic interdependence and more complementary places,so the use of the US "301 clause " seriously affects the healthy development of Sino-US trade relations.Finally,the countermeasures to the 301 clause of the United States are put forward mainly from three major aspects.First,the use of WTO dispute settlement mechanisms should be strengthened.Including two aspects,the first is to submit disputes WTO dispute settlement mechanism,to enhance the use of the mechanism to deal with the United States "301 clause " awareness.second,actively learn to use DSU legal provisions.DSU is the basis for the establishment of a WTO dispute settlement mechanism that requires an in-depth understanding of the DSU.Second,on the government side,the first is to develop multilateral trade to reduce dependence on the US market.Actively develop other markets to reduce the impact on the U.S.market Dependence.Second,it is necessary to strengthen law enforcement in the field of intellectual property rights,in accordance with the law administration,and enhance the transparency of administration.Third governments should also strengthen the establishment of legal rules on technology transfer and actively promote the establishment of rules on technology transfer.Finally,in the enterprise aspect,enhances the enterprise innovation ability,must increase the research and development investment and the enterprise enhances the communication,the study ability.Strive to open up multiple markets,reduce the dependence on the United States market,while going out of the process should also pay attention to risk prevention.