中美轮胎特保案的法律困境及WTO下的贸易政策

The Legal Predicament Concerning the Special Safeguards Regarding Sino-US Tires and China’s Trade Policy

中美轮胎特保案是奥巴马政府对中国发起的首例特保调查,受到中美业界的广泛关注。分析特殊保障措施的进口增长、实质损害、因果关系三要件,我们可知:从WTO特保条款分析,对中国轮胎采取特保措施欠缺法律支持;从美国"421条款"分析,对中国轮胎采取特保措施虽然有失公允但有其一定原由。在金融危机的背景下和WTO的框架内,轮胎特保案的评述对于我国贸易政策的调整和增长方式的转变有一定的启发意义。

The Obama Administration launched the first investigation of special safeguards aimed at China＇s tires, which has received much attention from the relevant industries in both China and the U.S.. Based on an analysis of the three factors-growth in imports, material injury, causal relationship ,we can conclude that the U.S,＇s decision of adopting the special safeguards is lack of legal grounds according to the WTO rules, and that it is unfair in the light of the Section 421 of the Trade Act of 1974 though it is reasonable to some extent. Against the background of the financial crisis and within the framework of WTO, the analysis of this case has some implications for the adjustment of the Chinese trade policy and the transformation of its growth mode.